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550 N Hwy 123 Bypass <br />Commercial Lease concerning: Seguin, TX 78155 <br />B. Within 30 days after receipt of a written request from Landlord, Tenant will provide to Landlord Tenant's <br />current financial information (balance sheet and income statement). Landlord may request the financial <br />information no more frequently than once every 12 months. <br />28. CASUALTY LOSS: <br />A. Tenant must immediately notify Landlord of any casualty loss in the leased premises. Within 20 days <br />after receipt of Tenant's notice of a casualty loss, Landlord will notify Tenant if the leased premises are <br />less than or more than 50% unusable, on a per square foot basis, and if Landlord can substantially <br />restore the leased premises within 120 days after Tenant notifies Landlord of the casualty loss. <br />B. If the leased premises are less than 50% unusable and Landlord can substantially restore the leased <br />premises within 120 days after Tenant notifies Landlord of the casualty, Landlord will restore the leased <br />premises to substantially the same condition as before the casualty. If Landlord fails to substantially <br />restore within the time required, Tenant may terminate this lease. <br />C. If the leased premises are more than 50% unusable and Landlord can substantially restore the leased <br />premises within 120 days after Tenant notifies Landlord of the casualty, Landlord may: (1) terminate <br />this lease; or (2) restore the leased premises to substantially the same condition as before the <br />casualty. If Landlord chooses to restore and does not substantially restore the leased premises within <br />the time required, Tenant may terminate this lease. <br />D. If Landlord notifies Tenant that Landlord cannot substantially restore the leased premises within 120 <br />days after Tenant notifies Landlord of the casualty loss, Landlord may: (1) choose not to restore and <br />terminate this lease; or (2) choose to restore, notify Tenant of the estimated time to restore, and give <br />Tenant the option to terminate this lease by notifying Landlord within 10 days. <br />E. If this lease does not terminate because of a casualty loss, rent will be reduced from the date Tenant <br />notifies Landlord of the casualty loss to the date the leased premises are substantially restored by an <br />amount proportionate to the extent the leased premises are unusable. <br />29. CONDEMNATION: If after a condemnation or purchase in lieu of condemnation the leased premises are <br />totally unusable for the purposes stated in this lease, this lease will terminate. If after a condemnation or <br />purchase in lieu of condemnation the leased premises or Property are partially unusable for the purposes <br />of this lease, this lease will continue and rent will be reduced in an amount proportionate to the extent the <br />leased premises are unusable. Any condemnation award or proceeds in lieu of condemnation are the <br />property of Landlord and Tenant has no claim to such proceeds or award. Tenant may seek compensation <br />from the condemning authority for its moving expenses and damages to Tenant's personal property. <br />30. ATTORNEY'S FEES: Any person who is a prevailing party in any legal proceeding brought under or <br />related to the transaction described in this lease is entitled to recover prejudgment interest, reasonable <br />attorney's fees, and all other costs of litigation from the nonprevailing party. <br />31. REPRESENTATIONS: <br />A. Tenant's statements in this lease and any application for rental are material representations relied upon <br />by Landlord. Each party signing this lease represents that he or she is of legal age to enter into a <br />binding contract and is authorized to sign the lease. If Tenant makes any misrepresentation in this <br />lease or in any application for rental, Tenant is in default. <br />B. Landlord is not aware of any material defect on the Property that would affect the health and safety of <br />an ordinary person or any environmental hazard on or affecting the Property that would affect the <br />(TAR-2101) 4 -1 -14 Initialed for Identification by Landlord: , and Tenant: Page 12 of 15 <br />Produced with zipForm® fry zipLogbr 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLooix.com WIC- Seguin Court <br />