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7. If the said premises be destroyed by fire or other casualty without fault of <br />the Lessee, this lease shall immediately terminate and the rent shall be apportioned to <br />the time of the damage. In case of partial destruction or damage by fire or other <br />casualty without fault of the Lessee, so as to render the premises untenantable in whole <br />or in part, there shall be an apportionment of the rent until the damage has been <br />repaired. During such period of repair, Lessee shall have the right to obtain similar <br />office space at the expense of Lessee or the Lessee may terminate the lease by giving <br />fifteen (15) days written notice to the Lessor. <br />8. Lessor shall be liable to Lessee for any loss or damages suffered by Lessee <br />which are a direct result of the failure of Lessor to perform an act required by this <br />lease, and provided that Lessor could reasonably have complied with said requirement. <br />9. Upon termination of this lease, the Lessee will peaceably surrender the <br />leased premises in as good order and condition as when received, reasonable use and <br />wear and damage by fire, war, riots, insurrection, public calamity, by the elements, by <br />act of God, or by circumstances over which Lessee had no control or for which Lessor <br />is responsible pursuant to this lease, excepted. <br />10. The Lessor agrees that the Lessee, upon keeping and performing the <br />covenants and agreements herein contained, shall at all times during the existence of <br />this lease peaceably and quietly have, hold, and enjoy the leased premises free from the <br />adverse claims of any person. <br />11. The failure of either party to insist in any instance upon strict performance <br />of any of the terms and conditions herein set forth shall not be construed as a waiver of <br />the same in any other instance. No modification of any provision hereof and no <br />cancellation or surrender thereof shall be valid unless in venting and signed and agreed <br />to by both parties. <br />12. Any hold over after the expiration of the said term or any extension <br />thereof, shall be construed to be a tenancy from month to month, and shall otherwise <br />be on the terms and conditions herein specified, so far as applicable; however, either <br />party shall give not less than sixty (60) days written notice to terminate the tenancy. <br />13. The parties to this lease agree and understand that the continuation of this <br />lease agreement for the term period set forth herein, or any extension or renewal <br />thereof, is dependent upon and subject to the appropriation, allocation or availability of <br />funds for this purpose to the agency of the Lessee responsible for payment of said <br />rental. The parties to this lease also agree that in the event the agency of the Lessee or <br />that body responsible for the appropriations of said funds, in its sole discretion, <br />determines, in view of its total local office operations that available funding for the <br />payment of rents are insufficient to continue the operation of its local offices on the <br />premise leased herein, it may choose to terminate the lease agreement set forth herein <br />by giving Lessor written notice of said termination, and the lease agreement shall <br />terminate immediately without any further liability to Lessee. <br />14. All premises, including fixtures and appurtenances, provided under this <br />lease shall function before, during and after the date change at January 1, 2000 at the <br />same level for which the premises were originally leased without additional cost to the <br />Lessee. This includes, but is not limited to, the functioning of mechanical or electrical <br />systems, heating, ventilating and air conditioning ("HVAC") systems, power supply, <br />water supply, fire control, security, and facility use components such as elevators, <br />timer automated doors, and signage. <br />