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SB/14/10
litigation to be recovered as a par~ of the costs therein,
whether at trial ~rpellate levels.
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ARTICLE IX
DE5TRUCTION OF LEASED PREMISES
Q.O1. Total or Partial Destruction. If the leased premises
shall be damaged by ~i.re, th~ ~~sments, unavoidable accident or
other casualty, but are not thereby rendered untenantable in
Tenant's opinion, in whole or in part, the Landlord shall, out of
the insurance proceeds when received, cause such damage to be
repaired, and the rent shall not be abated. If, by reason of
such oGcurrence, the premises shall be rendered untenantable only
in part, the Landlord shall out of the insurance proceeds
thereafter cause the damage to be repaired, and the rent
meanwhile sha11 be abated proportionately as to the portion of
the premises rendered untenantable. If the premises shall be
rendered wholly untenantable by reason of such occurrence, the
Landlord shall out of the insurnace proceeds therefor, cause such -
~ damaqe to be repaired, and the rent shall abate until the leased
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premises have been restored and rendered tenantable, or, if such
repairs cannot be accomplished within one hundred eighty (180)
days (as to either partial or total destruction), e~ther party
may, at its election and option, terminate this Lease, and the
tenancy hereby created shall terminated. The notice of either
party to exercise its election and option to terminate the Lease
shall be given within sixty (60) days following the date of such
loss.
ARTICLE X =
I~ a
EMINENT DOMAIN ~
,
10.01. Tota~ Condemnation of Leased Premises, If the whole .
of the leased premises shall shall be acquired or condemned by"
i eminent dom~in for any public or quasi-public use or purpose,
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LAN OlYICES ~E~B M$S~. P.~.~ ~VJSOINL A~ENUE. SOI?E l04-SU?1 HAIIY SLDC3.,1?l. PIEIaCB.TIAH2DA ~i60 (3p8~ 46E-Q33p