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4 <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. <br />