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15.1 Subletting and Assignment. <br />Lessee may not sublet, assign, pledge, or mortgage this lease and may not grant licenses, commissions, or other <br />rights of occupancy to all or any part of the Leased Premises without Lessor's prior written approval. <br />16.1 Destruction by Fire or Other Casualty. <br />(a) Total destruction, rent abatement, and restoration. If Lessee's office space is totally damaged by fire or <br />other casualty so that it cannot reasonably be used by Lessee and if this lease is not terminated as provided <br />in subparagraph "d" below, there shall be a total abatement of Lessee's rent and Lessee's obligation to pay <br />office building operating expenses until Lessee's office space is restored by Lessor and Lessee. <br />(b) Partial destruction, rent abatement, and restoration. If Lessee's office space is partially destroyed or <br />damaged by fire or other hazard so that it can be only partially used by Lessee for the purposes allowed in <br />this lease and if this lease is not terminated as provided in subparagraph "d" below, there shall be a partial <br />abatement of Lessee's rent and Lessee's obligation to pay office building operating expenses which fairly <br />and reasonably corresponds to the time and extent to which Lessee's office space cannot reasonably be used <br />by Lessee. <br />(c) Restoration. Lessor's obligation to restore shall be limited to the condition of the leased premises existing <br />prior to the casualty. Lessor shall proceed with diligence to restore. During restoration, Lessee shall <br />continue business to the extent practical in Lessee's reasonable judgment. <br />(d) Lease termination. If Lessee's office space or the office center is so badly damaged that restoration and <br />repairs cannot be completed within six (6) months after the fire or casualty, then this lease may be <br />terminated as of the date of the destruction by either Lessor or Lessee by serving written notice upon the <br />other. Termination notice must be delivered within one (1) month after the casualty. <br />17.1 Intentionally Deleted <br />18.1 Default by Lessor. <br />Lessee shall be entitled to recover actual damages and terminate this lease if (i) Lessor fails to pay any sum due and <br />owing to Lessee within seven (7) days after written demand from Lessee, or (ii) Lessor remains in default on any <br />other obligation for seven (7) days after Lessee's written demand for performance. However, Lessor shall not be in <br />default if Lessor promptly commences to cure such noncompliance and diligently proceeds in good faith to cure <br />same after receiving written notice of such default. If taxes and utilities are not timely paid, Lessee may pay same to <br />the extent that it is necessary to avert foreclosure or cutoff. If Lessor fails to perform any covenant, term or <br />condition of this lease that Lessor is obligated to perform and, as a consequence of such nonperformance, Lessee <br />shall recover a money judgment against Lessor, such judgment shall be satisfied only out of Lessor's equity in the <br />property. Lessor shall have no liability whatsoever for any deficiency, and no other property or assets of Lessor <br />shall be subject to levy, execution or other enforcement procedures as a result of such judgment. <br />19.1 Default by Lessee. <br />If Lessee defaults, Lessor shall have any or all remedies set forth below. <br />(a) Definition of'default. The occurrence of any of the following shall constitute a default by Lessee: (i) failure <br />to pay rent or any other sum due by Lessee under this lease within 30 days after written demand therefor by <br />Lessor; (ii) failure to vacate on or before the last day of the lease term, renewal term, or extension period; <br />(iii) failure to pay rent in advance on a daily basis in the event of unlawful holdover by Lessee; (iv) <br />unauthorized early move -out or notice of same as set forth below; (v) acquisition of Lessee's interest in the <br />lease by a third party by judicial or non judicial process; or (vi) failure to comply with any other provision <br />of the lease (including rules) if such failure to comply is not cured as soon as possible after delivery of <br />written notice by Lessor to Lessee. However, Lessee shall not be in default under subclause (vi) above if <br />Lessee promptly commences to cure such noncompliance and diligently proceeds in good faith to cure <br />same after receiving written notice of such default. <br />Building name: Hays County Govemment Center Lessor initials: / <br />Lessor's Name: Hays County, Texas Lessee initials: <br />Lessee's name: The City of San Marcos <br />