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<br />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 appOrlionment of the rent until the damage has been
<br />During such period of repair, Lessee shall have the right to obtain similar
<br />space at the expense of Lessee or the I:essee may terminate the lease by giving
<br />fifteen (15) days written notice m the Lessor.
<br />S. 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 perfrnm 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 ue as good order and condition as when recerved, reasonable use and
<br />wear and damage bar fire, waz, ruts, insun+ection, Public calamity, by the elements, by
<br />act of Ci~od, 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 aggrreeeess that the Lessee, upon keeping and performing the
<br />covenants and agreements herein contained, shall at all times durwg 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. Na modification of an~r provision hereof and no
<br />cancellation or surrender thereof shall be valid unless in wntmg and signed and agreed
<br />to by both parties. '
<br />12. Any bald 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 faz 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 aced subject to the appn~priation, allocation or availability of
<br />funds for this purpose to the agency of the Lessee responsible for payment of said
<br />rental. The parties W this lease also agree that in the event the agency of the Lessee ar
<br />that body responsible for the appropriations of said funds, en its sale 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 ],eased herein, it may choose to terminate the lease agreement set forth herein
<br />by giving. Lessor written nottce of said termination, and the lease agreement shall
<br />terminate immediately without any further liability tQ Lessee.
<br />1a. All premises, including fixtures and appurtenances, provided under this
<br />lease shall functcon before, during and after the date change at January 1, 2000 at the
<br />same level for which the premises were originally leased without additcanal cast to the
<br />Lessee. This includes, but is not limited to, the functioning of mechanical or electrical
<br />systems, heating, ventilating and air conditioning ("I3VAC") systems, power supply,
<br />water supply, fue control, security, and, facility use components such as elevators,
<br />timer automated doors, and signage.
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