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premises are not .rehdered tenantable within that time, either party shall <br />have the right to terminate this lease by written notice to the other, and in <br />the event of such termination, the rent shall be paid only to •the date of the <br />damage. If the lease is not terminated, rent nevertheless shall be abated <br />during the period • of time from the date of damage to date of physical <br />occupancy by Lessee or date of complete restoration, whichever shall occur <br />first. <br />C. To be responsible for and bear the expense of entire roof <br />replacement and structural or bearing wall repairs that Lessor may determine <br />to be necessary major maintenance. <br />d. To waive the first three months' rent: April, May and June, <br />1992. <br />7. DEFAULT IN PAYMENT OF RENT. If any rent required by <br />this lease is not paid when due, Lessor shall have the option to: <br />a. Terminate this lease, resume possession and release or rent <br />the property for the remainder of the term for the account of Lessee, and <br />recover from Lessee at the end of the term or at the time each payment of <br />rent comes due under this lease as Lessor may choose, the difference <br />between the rent specified in the lease and the rent received on the <br />releasing or renting. <br />b. Subtenants of Lessee as mentioned in paragraph 5a above <br />shall have the right to cure any default in payment of rent by Lessee (with <br />penalties) within 15 days of payment due date. <br />8. DEFAULTS OTHER THAN RENT. If either the Lessee or the <br />Lessor fails to perform or breaches any agreement on this lease other than <br />the agreement of Lessee to pay rent, and this failure or breach continues <br />for ten days after the written notice specifying the performance required has <br />been given to the party failing to perform, (a) the party giving notice may <br />institute action in a court of competent jurisdiction to terminate this lease or <br />to complete performance of the agreement, and the losing party in that <br />litigation shall pay the prevailing party all expenses of the litigatiun, <br />including a reasonable attorney's fee; or (b) Lessor or Lessee may, after 30 <br />days' written notice to the other, comply therewith or correct any such <br />6 <br />t <br />