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<br />... <br /> <br />e <br /> <br />e <br /> <br />'.0. <br /> <br />VIII. <br /> <br />Should a dispute arise as to Lessor's right, title and/or right <br />to lease the leased premises, or any part thereof and/or Lessor's <br />right to receive the rental payments herein reserved, then and in <br />such event, the Lessee may withhold the rent herein reserved, but <br />such rent shall continue to accrue and shall be payable by the <br />Lessee to the party or parties entitled thereto after said dispute <br />shall be settled either by court action or by settlement. <br /> <br />IX. <br /> <br />Should the leased premises or the above-mentioned building be <br />destroyed or damaged, or the right of ingress and egress be <br />impaired, so that the leased premises shall be thereby rendered <br />unfit for use by Lessee, or should any governmental body, agency, <br />department or official determine such building to be a fire hazard, <br />or for any other reason whatsoever to be unsuitable for the use or <br />uses for which the LeSsee contemplates using same, then and in any <br />such event the rent hereinbefore reserved shall not be due nor paid <br />by the Lessee during the period of destruction or damaged condition, <br />impairment, or unsuitability, and this lease may be terminated at <br />the option of Lessee. Regardless of whether or not Lessee exercises <br />its option to terminate this lease, in any such event, the rent for <br />any month during which the leased premises are unfit or unsuitable <br />for use by Lessee for a portion thereof shall be equal to the number <br />of days the same was fit for use by Lessee times Thirty-Seven and <br />50/100 Dollars ($37.50), and if the rent for any such month has been <br />paid in advance, then Lessee shall be entitled to a refund from <br />Lessor of the excess amount paid. However, Lessee shall be <br />obligated to pay rent only for each day the Lessee actually uses the <br />leased premises. The phrase "actually uses," as used in this <br />paragraph, means the use of the leased premises for the purpose the <br />Lessee contemplates or intends to use same, and shall not include <br />any limited use or uses such as (but not limited to) inspecting the <br />leased premises, or leaving furni ture and other property therein <br />while waiting for repairs of such damage or other action to correct <br />or otherwise remedy such damaged condi tion, impairment or <br />unsuitability. <br /> <br />X. <br /> <br />Lessor agrees that all fixtures and all personal property <br />created and/or placed in and on said leased premises by the Lessee <br />may be removed by the Lessee at the termination of this lease, or <br />any extension thereof, even though the same may be attached to the <br />premises. <br /> <br />4 <br />