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<br />14. DamaQe and Destruction. <br /> <br />Subject to Section 9A. above, if the Leased Premises or any part thereof or any appurtenance thereto is <br />so damaged so that the resulting defects cannot be used for Tenant's purposes, the Tenant shall have <br />the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as <br />of the date of such damage. <br /> <br />In the event of minor damage to any part of the Leased Premises, and if such damage does not render <br />the Leased Premises unusable for Tenant's Purposes, Landlord shall promptly repair such damage at the <br />cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for <br />any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or <br />labor or other matters which are beyond the reasonable control of Landlord. <br /> <br />Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the <br />Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. <br />Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing <br />payments, if any, but if no further payments are to be made, any such advance payments shall be <br />refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to <br />any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or <br />any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's <br />Purposes. <br /> <br />15. Default. <br /> <br />If default shall at any time be made by Tenant in the payment of rent when due to Landlord as herein <br />provided, and if said default shall continue for fifteen (15) days, or if default shall be made in any of the <br />other covenants or conditions to be kept, observed and performed by Tenant, and such default shall <br />continue for thirty (30) days without correction thereof then having been commenced and thereafter <br />diligently prosecuted, Landlord may declare the term of the Lese ended and terminated by giving Tenant <br />written notice of such intention and if possession of the Leased Premises is not surrendered, Landlord <br />may reenter said premises. Landlord shall have, in addition to the remedy above provided, any other <br />right or remedy available to Landlord on account of any Tenant default, either in law or equity. Landlord <br />shall use reasonable efforts to mitigate its damages. <br /> <br />16. Quiet Possession. <br /> <br />Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder, Landlord <br />will keep and maintain Tenant in exclusive, quiet, peaceable and undisturbed and uninterrupted <br />possession of the Leased Premises during the term of this Lease. <br /> <br />17. Condemnation. <br /> <br />If any legally, constituted authority condemns the premises or such part thereof which shall make the <br />Leased Premises unsuitable for leasing, this Lease shall cease when the public authority takes <br />possession, and Landlord and Tenant shall account for rental as of that date. Such termination shall be <br />without prejudice to the rights of either party to recover compensation from the condemning authority for <br />any loss or damage caused by the condemnation. Neither party shall have any rights in or to any award <br />made to the other by the condemning authority. <br /> <br />18. Subordination. <br /> <br />C:\Documents and Settings\FeazelleD\Local Settings\Temporary Internet Files\OLK6A\Lease Agreement <br />v6.doc <br />Page 4 of 6 <br />