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<br />FOURTH: If the Premises shall be partially damaged by fire or other cause without the fault or neglect of
<br />Lessee or Lessee's servapts, employees, agents, invitees or licensees, Lessor shall, upon Lessor's receipt of the
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<br />insurance proceeds and to the extent such proceeds are allocable or attributable to the Premises, or from its own
<br />funds should it elect not to carry property or windstomr insurance, repair the portions of the Premises covered by
<br />Insurance. During that, time, the Rent, as well as all other additional rent hereunder, shall be apportioned_
<br />according to the part of the Premises which is usable by Lessee until such repairs are made However, if such
<br />partial damage is due to the fault or neglect of Lessee or Lessee's servants, employees, agents, invitees or
<br />licensees, without prejudice to any other rights and remedies of Lessor and without prejudice to the rights of
<br />subrogation of Lessor's insurer, the damages shall be repaired by Lessor but there shall be no apportionment or
<br />abatement of rent. If the: Premises are totally damaged or are rendered wholly untenantable by fire or other cause
<br />and Lessor shall decide not to restore or not to rebuild the same, or if the Premises shall be so damaged that Lessor
<br />shall decide to demolish it or not to rebuild it, or if the damage occurs in the last year of the then term of this
<br />Lease, or if the Premises should be damaged to the extent of fifty (50%) percent or more of the then monetary
<br />value thereof, or if the d~mage resulted from a risk not fully covered by Lessor's insurance, if any, then or in any
<br />of such events, Lessor may, within ninety (90) days after such fire or other cause, give Lessee a notice of Lessor's
<br />election to cancel this Lease, and thereupon the term of this Lease shall expire by lapse of time upon the third day
<br />after such notice is given, and Lessee shall vacate the Premises and surrender the same to Lessor. For purposes of
<br />this Lease, the term "Lessor's receipt of insurance proceeds" shall mean the portion of the insurance proceeds paid
<br />over to Lessor free and clear of any collection by mortgagees for the value of the damage, attorney fees and other
<br />costs of compromise, adjustment, settlement and collection of the insurance proceeds.
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<br />FIFTH: Upon Lessee's default and the expiration of any applicable grace period, Lessor may, at Lessor's
<br />option, take anyone or more of the following actions without further notice or demand.
<br />a. Declare: all base rent, additional rent and other charges for the entire remaining portion of the
<br />tenn immediately due and payable.
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<br />b. Bring an action against Lessee to collect all base rent and other sums due and owing Lessor, or to
<br />enforceiany other term or provision of this Lease.
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<br />c. Terminate this Lease by thirty (30) days' written notice to Lessee. In the event of termination,
<br />Lessee agrees to immediately surrender possession of the Premises. If Lessor terminates this
<br />Lease, Lessor may recover from Lessee all damages Lessor incurs by reason of Lessee's default,
<br />and all Lessor's costs, expenses and attorneys' fees.
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<br />d. Lessor may payor perform, or cause to be paid or performed, any obligation of Lessee under this
<br />Lease, for Lessee's account, and Lessee shall promptly reimburse Lessor, upon demand, for all
<br />Lessor's costs, expenses and attorneys' fees so incurred.
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<br />Should be left in.
<br />Lessor's remedies in this paJ;[":graph fifth are cumulative and in addition to any other remedies available at
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<br />law or in equity.
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