DAY, WILLIAM LARRY 2 - 2001 - Laserfiche WebLink

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'-' '-' In the event that the Premises or the building of which the Premises are a part are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall repair the same, provided the extent of the destruction be less than ten percent (10%) of the then full replacement cost of the Premises or the building of which the Premises are a part. In the event the destruction of the Premises or the building is greater than ten percent (10%) of the full replacement cost, then Landlord shall have the option: (1) to repair or restore such damage, this Lease continuing in full force and effect, but the rent to be proportionately reduced as hereinabove in this article provided; or (2) give notice to Tenant within sixty days (60) of the damage, at which time this Lease shall expire and all interests of the Tenant in the Premises shall terminate on the date so specified in such notice and the rent, reduced by a proportionate amount based upon the extent, if any, to which such damage materially interfered with the business carried on by the Tenant in the Premises, shall be paid up to the date of such termination. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, restoration, or by such termination of the Lease. 17. DEFAULT. A. Default. The occurrence of anyone or more ofthe following events shall constitute a default under this Lease by Tenant: . 1. Non-curable defaults: a) The vacating or abandonment ofthe Premises by Tenant. b) Any attempted or involnntary transfer of Tenant's interest in this Lease without Landlord's prior consent. c) If Tenant makes, or has made, or furnishes any warranty, representation or statement to Landlord in connection with the Lease which is or was false or misleading in any material respect when made or furnished. 2. Curable defaults: a) The failure by Tenant to make any payment of rent or any other payment required to be made by Tenant hereunder, as and when due, where such failure shall continue for a period of three (3) days after written notice thereof by Landlord to Tenant, this Lease shall be terminable at Owner's option, in accordance with the procedures established in the Code of Civil Procedure, section 1161. b) The failure by Tenant to observe or perform any of the covenants, conditions, or provisions of this Lease to be observed or performed by the Tenant, other than the payment of rent, 6