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0 0 <br />BLPOK 19 P,cF 52'7 <br />there shall be apportionment of the rent until the damage has been repaired. During such <br />period of repair, Lessee shall have the right to obtain similar office space at the expense <br />of Lessee or the Lessee may terminate the lease by giving fifteen (15) days written notice <br />to the Lessor. <br />8. Lessor shall be liable to Lessee for any loss or damages suffered by Lessee <br />which are a direct result of the failure to perform an act required by this lease, and <br />provided that Lessor could reasonably have complied with said requirement. <br />9. Upon termination of this lease, the Lessee will peaceably surrender the leased <br />premises in as good order and condition as when received, reasonable use and wear and <br />wear and tear and damage by fire, war, riots, insurrection, public calamity, by the <br />elements, by act of God, or by any circumstance over which Lessee has no control or for <br />which the Lessor is responsible pursuant to this lease, excepted. <br />10. The Lessor agrees that the Lessee, upon keeping and performing the <br />covenants and conditions herein contained, shall at all times during the existence of this <br />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 of <br />any of the terms and conditions herein set forth shall not be construed as a waiver of the <br />same in any other instance. No modification of any provision hereof and no cancellation <br />or surrender thereof shall be valid unless in writing and signed and agreed to by both <br />parties. <br />12. Any hold over after the expiration of the said term or any extension thereof, <br />shall be construed to be a tenancy from month to month, and shall otherwise be on the <br />terns and conditions specified, so far as applicable; however, either party shall give not <br />less than sixty (60) days written notice to terminate the tenancy. <br />13 (a.) 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 thereof, <br />is dependent upon and subject to the appropriation of funds for this purpose to the agency <br />of the Lessee responsible for payment of said rental, which in this case is the Lee County <br />Health Department. The parties to this lease also agree that in the event the Board of <br />Commissioners, in its sole discretion, detenmines, in view of its financial situation that <br />available funding for the payment of rents are insufficient to continue the operation of the <br />office on the premises leased herein, it may choose to terminate this lease set forth herein <br />by giving Lessor written notice of said termination, and the lease agreement shall <br />terminate immediately without any further liability to Lessee. <br />(b.) No provision of this agreement shall be construed or interpreted as creating <br />a pledge of the faith and credit of the County within the meaning of any constitutional <br />debt limitation. No provision of this agreement shall be construed or interpreted as <br />creating a delegation of governmental powers nor as a donation by or a lending of the <br />