Default FIRST. The said Tenant shall pay to the Landlord or his agent, the said specified rent at the times and in the manner above provided, and in case of the non-payment of the said rent at the times and places above stated, or in case the said leased premises shall be deserted or vacated the Landlord shall have the right to enter the same as the agent of the Tenant, either by force or otherwise, without being liable to any prosecution therefor, and to re-let the said premises as the agent of the said Tenant and receive the rent therefor, and to apply the same to the payment of the rent due by these presents, holding the tenant liable for any deficiency. Subletting and Assignment SECOND. Said premises, or any part thereof, shall not be assigned, let or underlet, nor used or permitted to be used for any purpose other than above mentioned, without the written consent of the said Landlord, or his duly authorized agent, first, endorsed hereon, and if so assigned, let or underlet, used or permitted to be used without such written consent, the said Landlord may re-enter and re-let the said premises, this lease, by such unauthorized act, becoming void if the said Landlord shall so determine and elect. The Landlord may also apply for and obtain an injunction to prevent the use of the demised premises for any purpose other than those herein specified, and the Landlord shall not be precluded from any legal remedy which he would otherwise have by reason of the specification herein of any particular remedy for any specified breach of the covenants or conditions of this lease, and in case of the assignment of this lease or any part of the term, or any underletting, the Landlord shall have a lien upon and shall be hereby empowered to collect any rent accruing from a sub-tenant or assignee, and apply the net amount collected to the rents herein reserved. THIRD. Said Tenant shall take good care of the premises and fixtures, make good any injury or breakage done by him or his agents, clerks, servants or visitors, and any damage caused by the overflow or escape of water, steam or gas resulting from the negligence of the Tenant or his agents, clerks, servants or visitors. The Tenant shall quit and surrender said premises at the end of said term in as good condition as the reasonable use thereof will permit, and shall not make any alterations, additions or improvements in said premises without the written consent of said Landlord, and all alterations, additions or improvements which may be made by either of the parties hereto upon the premises, except movable office furniture put in at the expense of the Tenant, shall be the property of the said Landlord, and shall remain upon and be surrendered with the premises, as a part thereof, at the termination of this lease, without disturbance, molestation or injury, but injury caused by moving said movable furniture in and out shall be repaired by the Tenant. Fixtures Surrender FOURTH.-The Tenant shall in case of fire give immediate notice thereof to the Landlord, and in case said office or offices hereby leased, or the building of which the same is a part, shall be partially damaged by fire or other element, the same shall be repaired as speedily as possible at the expense of the Landlord; in case the damage should be so extensive as to render said office or offices hereby leased untenantable, the rent shall cease until such time as the office or offices hereby leased and the means of access to it shall be put in repair. In case of Fire the total destruction of the said building containing said office or offices hereby leased, by fire or otherwise, the rent shall be paid up to the time of such destruction, and then and from thenceforth this lease shall cease and come to an end, provided, however, that such damage or destruction be not caused by the carelessness, negligence or improper con duct of said Tenant. No compensation or claim will be allowed by the Landlord by reason of inconvenience or annoyance arising from the ne cessity of repairing any portion of the building, however the necessity may occur. Elevators FIFTH. The passenger elevators will be run during the ordinary business hours of the day from 7 A. M. to 7 P. M., except on holidays, Sundays, and at night. SIXTH.-The Landlord will furnish steam heat to warm the halls and offices, between the tenth day of October and the first day of May in each year, and a reasonable amount of artificial light (which expense, as well as the Janitor's fees, will be included in the amount of rent stipulated to be paid), but inasmuch as no additional rent is charged for such service, heat and light, the Landlord shall not be liable for any failure to supply the same not due to gross negligence on his part. Heat and The Landlord reserves the privilege of stopping the service of the steam, elevator or electric light systems at such times as may be necessary by reason of strikes, accident, repairs, alterations or improvements desirable or necessary to be made, until such time as said repairs, alterations, or improvements shall have been completed, or such strike ended. SEVENTH. Said Landlord shall not be liable for any damage to any property or person at any time, in said premises or building from steam, gas or electricity, or from water, rain, or snow which may leak into, issue or flow from any part of said building of which the premises Damage hereby leased are a part, or from the pipes or plumbing works of the same or from any other place or quarter. Said Tenant shall give to said Landlord, or to his agent, prompt written notice of any accident to or defects in the water pipes, gas pipes or warming apparatus, to be remedied by said Landlord with due diligence. EIGHTH. Said Tenant covenants that the following rules, regulations and stipulations shall be faithfully observed and performed by him and by his clerks, servants and agents, to wit: 1. The sidewalk, entry, passages, elevators and staircases shall not be obstructed or used for any other purpose than ingress and egress to and from their respective apartments. 2. The sashes, sash-doors, windows, glass doors and any lights or skylights that reflect or admit light into the halls or other places of said building, shall not be covered or obstructed. The water and wash closets and urinals shall not be used for any other purpose than for which they were constructed, and no other substance of any kind whatsoever shall be thrown therein, and the expense of any breakage, stoppage or damage resulting from a violation of this rule, shall be borne by the tenant or tenants, who, or whose clerks, agents or servants shall have caused it. And no Tenant shall mark, paint, drill into or in any way deface the walls, ceilings, partitions, floors, wood, stone or iron work. 3. No sign, advertisement or notice shall be inscribed, painted or affixed on any part of the outside or inside of the building, except on the front window glass, and on the directories and sash doors of offices, and to be of size, color and style as the Landlord shall determine. (Directories will be at the expense of the Landlord, whose painters must be employed by tenants for other work.) 4. No Tenant shall do or permit anything to be done in said premises, or bring or keep anything therein which shall in any way increase the rate of fire insurance on said building, or on the property kept therein, or obstruct, or interfere with the rights of the other tenants, or in any way injure or annoy them; or conflict with the regulations of the Fire Department, or the fire laws, or with any insurance policy upon said building or part thereof, or with any rules and ordinances established by the Board of Health. 5. The Landlord shall have power to prescribe the weight and position of any heavy articles, including iron safes, which shall in all cases stand on two-inch thick plank strips to distribute the weight, and all damage done Rules and Regulations to the building by taking in or putting out a safe, or during the time it is on the premises, shall be repaired at the expense of the Tenant, and the moving of safe shall occur between 7.30 a. M. and 8.30 A. M. and between 4 P. M. and 5 P. M., previous notice of same being given to Janitor. And the persons employed to move the safes in and out of the building must be acceptable to the Landlord. No freight, furniture, packages, or bulky matter of any description will be received in the building, or carried up or down in the elevators between the hours of 11.30 A. M. and 2 P. M. No safes or other article taken on elevator to weigh over 3,000 lbs. 6. The Janitor will take charge of the leased premises, keep the same in order, without cost to the Tenant, and no person or persons, other than the said Janitor and his assistants, will be permitted to enter the building for such purpose, but the Tenant shall not cause unnecessary labor by reason of his carelessness and indifference to the preservation of good order and cleanliness. And it is agreed that the Landlord shall not be responsible to any Tenant for loss of property in or from said leased premises, or from any damage done to furniture or effects unto them belonging, however occurrring. 7. The Landlord or his agents shall have the right to enter any of the leased rooms, at reasonable hours in the day, to examine the same, or to make such alterations and repairs as may be deemed necessary, or to exhibit the same to applicants to hire, and to put up on them the usual "To Let," which said notice shall not be removed by any Tenant during the three months next preceding the time of the expiration of the lease of the premises. 8. Nothing shall be thrown by the Tenants, their clerks or servants, out of the windows or doors, or down the passages of the building, and Tenants shall not make or permit any improper noises in the building, or interfere in any way with other Tenants, or those having business with them. Nor shall any animals or birds be brought or kept in or about the building. 9. In order to protect the property of tenants, and to prevent improper persons from having access thereto after business hours, said building will be closed daily at midnight, after which hour no person will be allowed to enter or leave the same unless provided with a pass issued by the lessor, and any person found in the building after that hour without such pass will be subject to the surveillance of the Janitor employed by the lessor to take charge of the building. No tenant shall be allowed to sleep in the building. And finally, the Landlord reserves the right to make such other and further rules and regulations as in his judgment may from time to time be needful for the safety, care and cleanliness of the premises, and for the preservation of good order therein, and the Tenant hereby assents and agrees thereto. Violations NINTH. It is further agreed, that in case the said demised premises shall be deserted or vacated, or if default shall be made in the payment of rent, or any part thereof, at the time specified herein, or if default shall be made in the performance of any of the covenants and agreements, conditions, rules or regulations herein contained or hereafter established as herein provided, on the part of the Tenant this lease shall (if the Landlord so elect) become null and void thereupon, and he or their representatives and assigns shall have the right, and he is hereby authorized to re-enter the said premises either by force or otherwise, and dispossess and remove therefrom the Tenant, and his legal representatives, or other occupants thereof, and his effects, without being liable to any prosecution therefor, and to hold the same as if this lease had not been made; and in such case the rent shall become due thereupon and be paid up to the time of such re-entry pro rata; and if the Landlord so choose, the Tenant, and his legal representatives shall pay to the Landlord and his legal representatives as damages for such default and re-entry the difference as ascertained from time to time between the rents and sums hereby reserved and agreed to be paid by the Tenant and those otherwise received or with due diligence collectible on account of rents of the demised premises during the residue of the term remaining at the time of re-entry. The Tenant hereby expressly waives the service of notice of intention to re-enter or of instituting legal proceedings to that end. IN WITNESS WHEREOF, the said W. L. Dechant has hereunto set his hand and seal, and the said Tenant has hereunto set his hand and seal the day and year first above written. Signed, sealed and delivered in the presence of JAMES WATSON. W. L. DECHANT, 492. Rights of the landlord.-The most important right of the landlord is his right to rent, which, in the absence of an express provision in the lease, statute or local custom, is payable at the end of the term. If the tenant fails to pay the rent on the due date, the landlord may make demand and sue for it. The landlord also has the right of distress, which is the right to enter leased premises and to seize the personal property found thereon, whether belonging to the tenant or to a stranger, and to sell the same in satisfaction of the claim for rent. This rule is changed in many states by statutes which provide that the right of distress can be exercised under certain conditions only.1 In the absence of any provision in the lease a tenant who holds over after the termination of his term may be treated by the landlord as a tenant for another term under the provisions of the lease, or as a trespasser. In some states where the lease is for a period of one year or more, a new term is created for one year and not for a period equal to the original term specified in the lease. If the premises are in the possession of a subtenant, a holding over by him binds the lessee as though he were in possession himself. 1 The right of distress has been abolished entirely in Alabama, District of Columbia, Georgia, Louisiana, Massachusetts, Minnesota, Mississippi, Missouri, Montana, New York, North Carolina, Utah and Wisconsin. A tenant cannot defend an action on the ground that his landlord never had any title, but he is permitted to prove that the title of the landlord has been transferred to another person since the commencement of the tenancy. 493. Rights of the tenant.-Unless there is an express covenant in the lease to the contrary, the tenant has no right to demand that the leased premises shall be in a condition fit for the purposes for which they were rented. A landlord, however, is bound to notify his tenant of any concealed and dangerous defects, such as dangerous defects in the building or infection with the germs of a dangerous disease. In some states the lease of a furnished house carries with it an implied covenant that it shall be habitable. The duty to make repairs in the absence of an express agreement to the contrary is on the tenant, and the law will not imply a contract on the part of a landlord to continue making repairs, if he has voluntarily done so in the past. In drawing a lease a tenant should be careful to provide for a rebatement of rent in case of fire or the destruction of the premises from any other cause and to save himself by a suitable provision from the burden of rebuilding. A tenant cannot commit waste, which in general means that he cannot cut down trees except for repairs and for fuel, nor can he tear down buildings, open mines, remove clay or sand or otherwise injure the property. A tenant may be enjoined from committing waste and may be sued for treble damages; in some states he forfeits the lease. In the absence of an express provision in the lease a mine already opened may be worked. 494. Termination of tenancy.-A tenancy for a term of years terminates upon the expiration of the term, by |