Res 2010-062 - Laserfiche WebLink

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practical to substantially the same condition before such damage. However, if Lessor determines that the Leased Premises are completely destroyed or so badly damaged that repairs cannot be commenced within thirty (30) days after the casualty and completed within 180 days thereafter, then this Lease may be terminated as of the day of the occurrence of the damage or destruction by either Lessor or Lessee by serving written notice upon the other. If the Leased Premises are totally destroyed or so damaged by fire or other casualty that Lessee's Office space cannot reasonably be used by Lessee for the purposes allowed in this Lease and if this Lease is not terminated as above provided, there shall be a total abatement of rent until Lessee's office space is made usable. If the Leased Premises are partially destroyed or damaged by fire or other casualty so that Lessee's office space can be only partially used by Lessee for the purposes allowed in this Lease, there shall be a partial abatement in the rent corresponding to the time and extent to which such Premises are not and cannot reasonably be used by Lessee. If the Leased Premises are totally or partially damaged by fire or other casualty resulting from the fault or negligence of Lessee or Lessee's agents, employees, family, licensees, invitees or visitors, such damage shall be repaired by Lessor at the expense of Lessee and rent shall not be abated. 17.1. Condemnation. If the entire building is taken in condemnation, this Lease shall terminate one day prior to such taking. If only a portion of the office building's parking lot is taken in condemnation, Lessee's right to use such portion shall be reduced only to the extent that such partial taking reduces the fair market value of Lessee's office space. Lessee shall not participate in any of the condemnation award. All awards or compensation by reason of condemnation by any governmental agency (or private sale in lieu of such condemnation) of all or any portion of the Leased Premises shall belong entirely to Lessor; and Lessee hereby assigns its interest, if any, in such awards to Lessor. The term "Fair Market Value" as used above shall be as defined by Texas case law regarding condemnation proceedings. 18.1 Default by Lessor. Lessee shall have any or all of the rights and remedies set forth below in the event of default by Lessor. All notices regarding lease violations shall be in accordance with Paragraph 28. 1, unless otherwise specified below. Lessor shall be considered in default and Lessee shall be entitled to recover actual damages and/or terminate this Lease if (a) Lessor fails to pay any sums due and owing to Lessee within ten (10) days after written demand from Lessee, or (b) Lessor fails to make diligent efforts to restore interrupted utilities after written demand from Lessee, or (c) Lessor fails to perform any other lease obligation diligently after written demand from Lessee. Lessor shall not be in default under (c) above if Lessor diligently commences to cure such noncompliance and diligently proceeds to cure same after receiving a second written notice of such default. If any services furnished by Lessor are interrupted and continue to be interrupted despite Lessor's diligent' efforts of Lessor to remedy same, Lessor shall not be liable in any respect for damages to Lessee's person, property or business; and same shall not be construed as grounds for constructive eviction or abatement of rent. 19.1. Default by Lessee. Lessor shall have any or all of the rights and remedies set forth below in the event of default by Lessee. All notices regarding lease violations shall be in accordance with Paragraph 28.1 unless otherwise specified below. (a) The occurrence of any of the following shall constitute a default by Lessee: (1) failure to pay re any other sum due by Lessee under this Lease, if failure to pay continue or 10 days Lessor 9 Lessee: W.I.C. Lease