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<br />-.' <br /> <br />e <br /> <br />e <br /> <br />XI. <br /> <br />In the event Lessee shall hold over and remain in possession of <br />the leased premises herein leased after the expiration of this <br />agreement without a written renewal thereof, such holding over shall <br />not be deemed to operate as a renewal or extension of this <br />agreement, but shall only create a tenancy from day to day at a <br />rental rate of Thirty-Seven and 50/100 Dollars ($37.50) per day <br />which day to day tenancy may be terminated at any time by either the <br />Lessor or Lessee. <br /> <br />XII. <br /> <br />Lessor covenants and agrees that it will, at its expense <br />maintain an owner's, landlord's and tenant's liability policy <br />covering the leased premises with coverage in the amount of not less <br />than One Hundred Thousand Dollars ($100,000.00) for injuries or <br />death to anyone person, not less than Three Hundred Thousand <br />Dollars ($300,000.00) for injuries or death to more than one person <br />and not less than One Hundred Thousand Dollars ($100,000.00) for any <br />injury to or destruction of property in anyone accident or <br />occurrence, or in the amounts of the Lessee's maximum limitations of <br />liability under Section 101.001 et. seq. (Vernon 1986) Texas civil <br />Practice and Remedies Code Annotated, as amended, whichever is <br />greater. Said policy shall name both the Lessee and the Lessor as <br />insured. <br /> <br />XIII. <br /> <br />Notwithstanding anything herein to the contrary or that may be <br />construed to the contrary, it is understood and agreed that if <br />Lessor refuses or fails to perform anyone or more of its <br />undertakings and obligations which are to be performed during the <br />term of this lease, then and in that event Lessee shall have the <br />right to terminate this lease upon ten (10) days' written notice <br />given to Lessor. It is further understood that if Lessor refuses or <br />fails to perform anyone or more of its undertakings or obligations <br />under this lease agreement, that Lessee shall have the right, but <br />not the obligation, to perform, or cause to be performed, anyone or <br />more of said undertakings or obligations of the Lessor, and to <br />deduct all costs and expenses thereof from the rental to be paid <br />hereunder. The performance by Lessee of anyone or more of the <br />undertakings or obligations of the Lessor hereunder shall not be <br />construed or held to be a waiver by the Lessee of any succeeding <br />refusal or failure to perform such undertaking or obligation of the <br />Lessor. It is further understood that Lessee's exercise of any of <br />the rights or options under this paragraph shall not prejudice <br />Lessee's right to recover damages which Lessee has sustained as a <br />result of Lessor's refusal or failure to perform, and that the <br />rights and options under this paragraph are cumulative with, and not <br />in lieu of, other remedies provided by law. <br /> <br />5 <br />