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<br />In the event that the Premises or the building of which the Premises are a part are <br />damaged as a result of any cause other than the perils covered by fire and extended <br />coverage insurance, then Landlord shall repair the same, provided the extent of the <br />destruction be less than ten percent (10%) of the then full replacement cost of the <br />Premises or the building of which the Premises are a part. In the event the destruction of <br />the Premises or the building is greater than ten percent (10%) of the full replacement cost, <br />then Landlord shall have the option: (1) to repair or restore such damage, this Lease <br />continuing in full force and effect, but the rent to be proportionately reduced as <br />hereinabove in this article provided; or (2) give notice to Tenant within sixty days (60) of <br />the damage, at which time this Lease shall expire and all interests of the Tenant in the <br />Premises shall terminate on the date so specified in such notice and the rent, reduced by a <br />proportionate amount based upon the extent, if any, to which such damage materially <br />interfered with the business carried on by the Tenant in the Premises, shall be paid up to <br />the date of such termination. <br /> <br />The Tenant shall not be entitled to any compensation or damages from Landlord <br />for loss of the use ofthe whole or any part of the Premises, Tenant's personal property, or <br />any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or <br />restoration. <br /> <br />15. DEFAULT, REMEDIES <br /> <br />A. Default. The occurrence of anyone or more of the following events shall <br />constitute a default under this Lease by Tenant: <br /> <br />1. Non-curable defaults: <br /> <br />(a) The vacating or abandonment of the Premises by Tenant. <br /> <br />(b) Any attempted or involuntary transfer of Tenant's interest in this Lease <br />without Landlord's prior consent. <br /> <br />(c) If Tenant makes, or has made, or furnishes any warranty, representation or <br />statement to Landlord in connection with the Lease which is or was false or <br />misleading in any material respect when made or furnished. <br /> <br />2. Curable defaults: <br /> <br />(a) The failure by Tenant to make any payment of rent or any other payment <br />required to be made by Tenant hereunder, as and when due, where such <br />failure shall continue for a period of three (3) days after written notice thereof <br />by Landlord to Tenant, this Lease shall be terminable at Landlord's option. <br /> <br />(b) The failure by Tenant to observe or perform any of the covenants, conditions, <br />or provisions of this Lease to be observed or performed by the Tenant, where <br />such failure shall continue for a period of thirty (30) days after written notice <br /> <br />5 <br />