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078 <br /> fault of the Lessee, so as to render the premises <br /> untenantable in whole or in part, there shall be an <br /> apportionment of the rent until the damage has been <br /> repaired. During such period of repair, Lessee shall <br /> have the right to obtain similar office space at the <br /> expense of Lessee or the Lessee may terminate the lease <br /> by giving fifteen (15) days written notice to the <br /> Lessor. <br /> 7. Lessor shall be liable to Lessee for any loss or damages <br /> suffered by Lessee which are a direct result of the <br /> failure of Lessor to perform an act required by this <br /> lease, and provided that Lessor could reasonably have <br /> complied with said requirement. <br /> 8. Upon termination of this lease, the Lessee will <br /> peaceably surrender the leased premises in as good order <br /> and condition as when received, reasonable use and wear <br /> and damage by fire, war, riots, insurrection, public <br /> calamity, by the elements, by act of God, or by <br /> circumstances over which Lessee had no control or for <br /> which Lessor is responsible pursuant to this lease, <br /> excepted. <br /> 9. The Lessor agrees that the Lessee, upon keeping and <br /> performing the covenants and agreements herein <br /> contained, shall at all times during the existence of <br /> this lease peaceably and quitely have, hold, and enjoy <br /> the leased premises free from the adverse claims of any <br /> person. <br /> 10. The failure of either party to insist in any instance <br /> upon strict performance of any of the terms and <br /> conditions herein set forth shall not be construed as a <br /> waiver of the same in any other instance. No <br /> modification of any provision hereof and no cancellation <br /> or surrender hereof shall be valid unless in writing and <br /> signed and agreed to by both parties. <br /> 11. Either party shall give not less than sixty (60) days <br /> written notice to terminate the tenancy. <br /> • <br /> 12. The parties to this lease agree and understand the <br /> continuation of this lease agreement for the period set <br /> forth in this lease is subject to the Employment and <br /> Training Administration, United States Department of <br /> Labor allocating annually sufficient funds to continue <br /> rental of the property at the monthly rental rate set <br /> forth in paragraph 2 of this lease. The parties to this <br /> lease also agree that in the event that the Employment <br /> and Training Administration, United States Department of <br /> Labor reduces funding for leasing purposes, the Lessee, <br /> Employment Security Commission, in its sole discretion, <br /> may determine, in view of its total local office <br /> operations, whether available funding for payment of <br /> rents is sufficient to continue the operation of it s <br /> local office on the premises leased herein; and that <br /> upon such determination by the Lessee that the available <br /> funding is inadequate for such continued operation on <br />