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17 <br /> (4) The date to which rent has been paid. <br /> REMEDIES CUMULATIVE <br /> 21. No remedy herein or other conferred upon or reserved to Landlord or Tenant shall be considered <br /> exclusive of any other remedy, but the same shall be distinct, separate and cumulative and shall be in <br /> addition to every other remedy given hereunder, or now or hereafter existing at law or in equity or by <br /> statute; and every power and remedy given by this Lease to Landlord or Tenant may be exercised from <br /> time to time as often as occasion may arise, or as may be deemed expedient. No delay or omission of <br /> Landlord or Tenant to exercise any right or power arising from any default on the part of the other hall <br /> impair any such right or power, or shall be construed to be a waiver of any such default or any <br /> acquiescence therein. <br /> SURRENDER AND HOLDING OVER <br /> 22. Tenant, upon expiration or termination of this Lease Agreement, either by lapse of time or otherwise, <br /> agrees peaceably to surrender to Landlord the Demised Premises in broom-clean condition and in good <br /> repair as required by Article 11 hereof. In the event Tenant shall fail to surrender the Demised <br /> Premises upon demand, Landlord, in addition to all other remedies available to it hereunder, shall have <br /> the right to receive, as liquidated damages for all the time Tenant shall so retain possession of the <br /> Demised Premises, or any part thereof, an amount equal to twice the rental rate specified in Article 6 <br /> (or Article 8 if after a renewal term)of this Lease Agreement, as applied to such period. <br /> If Tenant remains in possession of the Demised Premises with Landlord's consent but without a new <br /> lease reduced to writing and duly executed, Tenant shall be deemed to be occupying the Demised <br /> Premises as a tenant from month-to-month only, but otherwise subject to all the covenants, conditions <br /> and agreements of this Lease Agreement. <br /> CONDEMNATION <br /> 23.(a) If more than twenty percent(20%) of the floor area of the Demised Premises is taken for any public <br /> or quasi-public use under any governmental law, ordinance or regulation or by right of eminent <br /> domain or by private purchase in lieu thereof, then either party hereto shall have the right to <br /> terminate this Lease Agreement effective on the date physical possession is taken by the <br /> condemning authority. <br /> (b) If any portion of the Demised Premises is taken for any public or quasi-public use under any <br /> governmental law, ordinance or regulation, or by right of eminent domain,or by private purchase in <br /> lieu thereof, and this Lease Agreement shall not be terminated, the entire rental specified in Article <br /> 6 (or Article 7 if during the renewal term) shall be reduced during the unexpired portion of this <br /> Lease Agreement (or extension thereof) in proportion to the area taken, effective on the date <br /> physical possession is taken by the condemning authority. <br /> (c) If any part of the parking areas, driveways, and walkways taken for any public or quasi-public use <br /> under any governmental law, ordinance or regulation, or by right of eminent domain, or by private <br /> purchase in lieu thereof, this lease shall not terminate, nor shall the rent payable hereunder be <br /> reduced, nor shall Tenant be entitled to any part of the award made for such taken; except that <br /> either Landlord or Tenant may terminate this lease if the number of square feet of parking areas, <br /> driveways and walkways after such taking plus any additional parking area provided by Landlord in <br /> reasonable proximity to the Demised Premises shall be less than seventy percent (70%) of the <br /> number of square feet in the parking areas, driveways and walkways before such taking. <br /> (d) Any election to terminate this lease following condemnation shall be evidenced only by written <br /> notice of termination delivered to the other party within thirty (30) days after the date on which <br /> physical possession is taken by the condemning authority. <br /> Initials <br /> 14 <br /> (308 W.Franklin St.) Landlord Tenant <br />