11-15-21 BOC Regular Meeting - Laserfiche WebLink

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16. DESTRUCTION OF PREMISES. a. In the event of a partial destruction of the Premises during the term of this Lease from any cause not otherwise resulting from, in whole or in part,the negligence or willful misconduct of the Tenant, Landlord shall forthwith repair the same, provided such repair can be made within sixty(60) days under the laws and regulations and in such event rent will be abated until the damage is repaired, in proportion to the part of the Premises which is so rendered untenable. In addition to the above, in the event the building is destroyed to the extent of not less than thirty-three and one-third percent (33-1/3%)of the replacement cost thereof, Landlord may elect to terminate this Lease whether or not the Premises are insured, by written notice to Tenant. A total destruction of the Building situated on said Premises shall terminate this Lease. Notwithstanding the aforesaid provisions, in the event the damage caused by the partial destruction of the Premises cannot be repaired within a period of (6)months from the happening of such damage,then either Landlord or Tenant may terminate this Lease upon written notice to the other. b. Any damage or destruction to the Premises caused by the negligent or willful misconduct of Tenant including Tenant's agents, employees, designees or any person or entity operating by authorization of the Tenant such damages shall be repaired at the expense of the Tenant. Should the Tenant fail to make reasonable efforts to remedy the damages within 30 days of the occurrence, Landlord may provide for the repair and assess the cost of the repair to Tenant. 17. TERMINATION. a. Upon any material breach which is not cured within the applicable cure period,or termination of the franchise agreement entered into between Tenant and Landlord or upon any material breach of this agreement which is not cured within the applicable cure period,this Lease may be terminated by Landlord on a thirty (30) days written notice. b. In the event this Lease is not renewed beyond the initial 60 day term then this Lease may be terminated either upon the consent of both Tenant and Landlord in writing or by Tenant or Landlord providing a six-month prior written notice to the counter party to terminate the Lease. 18. Default. If Tenant fails to pay any rent or other sum due hereunder at the time set forth in this Lease, and if Tenant continues to fail to pay same within five(5)days after written notice from the Landlord, or in the event Tenant fails to perform or observe any other covenant to be performed by Tenant under this Lease and continues to fail to perform or observe same for a period of fifteen (15)days after receipt of written notice from the Landlord pertaining thereto (or a reasonable period of time, if using due diligence, if such default cannot be cured within said fifteen (15) day period), then Tenant shall be deemed