1998 NS Lease Agreement - Lease Renewal - Space Reallocation for Court Offices at Carr Mill Mall and Moody Building

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1 i 13. Fit re_or Other Casual t7. In the event the Building in which the Leased Premises are located is destroyed by fire, unavoidable accident or casualty, this lease shall thereupon terminate. In the event the Building in which the Leased Premises are located is damaged by fire, unavoidable accident or casualty to such an extent that in Lessor's opinion, the portion of said Building in which the Leased Pre- mises are specifically located cannot be repaired within ninety (90) days to its approximate condition existing immediately preceding such fire, unavoid- able accident or casualty, this lease shall thereupon terminate. In the event the portion of the Building in which the Leased Pre- mises are specifically located damaged by fire, unavoidable accident, or casualty and the same can be repaired within ninety (90) days from the date of such fire, unavoidable accident or casualty, the parties hereto agree that said Leased Premises shall be repaired and restored by Lessor to the approximate condition of said Leased Premises existing before said fire, unavoidable accident or casualty, and this lease shall remain in full force and effect; provided, however, that the rent during the period of repair shall be reduced to an amount which, in Lessor's opinion, bears the same ratio to the rent provided for herein as the portion of the Leased Premises then available for use bears to the entire Leased Premises. Upon completion of such repairs the rent shall thereafter be paid as provided for herein as the portion of the Leased Premises then available for use bears to the en- tire Leased Premises. Upon completion of such repairs the rent shall thereafter be paid as provided in the paragraph above designated RENT,-- 14. Default. In the event the Lessee shall fail to pay any rent when due in accordance with the terms of this lease and such default shall con- tinue for a period of ten (10) days after written notice delivered to Lessee at the Leased Premises of such default, the Lessor, without prejudice to any other rights or remedies that it may have, shall have the right, immediately or at any time thereafter, to re-enter. the Leased Premises and remove all persons and property from the Leased Premises. In the event the Lessee shall neglect to keep or perform any other covenant, agreement or condition of this lease or shall fail to conform to any of the building rules and regu- lations now in force or hereafter adopted by the Lessor, the Lessor shall give written notice of such default to the Lessee; and in the event that such default is not rectified within ten (ID) days from the date of such notice, then the Lessor shall have the right to enter the Leased Premises immediately or at any time thereafter and remove the Lessee therefrom with- out prejudice to any other remedies of the Lessor. In the event of any such re-entry, the Lessee hereby,waives all claims for damages which may be caused by the re-entry of the Lessor and will save the Lessor harmless from any loss, cost or damages occasioned by Lessor thereby, and no such re-entry shall be considered or construed to be a forcible entry. Should the Lessor elect to re-enter the Leased Premises as herein provided, or should it take possession pursuant to legal proceedings, it may either terminate this lease or it may, from time to time, without terminating this lease, re,-let the Premises or any part thereof on Lessee's account for such time or tinges and at such rental or rentals and upon such other terms and conditions as the Lessor in its sole discretion may deem advisable, with the right to make alterations and repairs to the Leased Premises, and the Lessee shall pay the amount of rent due under this lease to the date of the beginning of payment of rent pursuant to any such re-letting, together with the cost of such re-letting including the cost of any alterations and repairs to the Leased Premises, and Lessee will thereafter pay monthly during the remainder of the term of this lease the difference, if any, between the rent collected from such re-letting and the rent reserved in this lease if such rent collected is less than that reserved in the lease. No such re-entry or taking posses- sion of the Leased Premises by the Lessor shall be construed as an election on its part to terminate this lease unless a written notice of such inten- tion be given to the Lessee. Notwithstanding any such re-letting without termination, the Lessor may, at any time after the occurrence of any default