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EXHIBIT "E" ARTICLE XXVIII. TERMINATION 28.1 This Lease may be terminated by either party upon default by the other party of any of the covenants or conditions contained in this Lease, other than a default resulting in the creation of conditions described in Article XIV. In the event of a default by a party, the other party will give the defaulting party written notice of the default, and if the defaulting party does not cure the default within 30 days after receipt of notice, this Lease will terminate immediately without further notice to the defaulting party. 28.2 Upon any termination of this Lease, Lessee will remove its property and equipment, other than permanent improvements, from the Leased Premises within 10 days after the date of termination. Lessee will have no further claim, right, title or interest in or to any property or equipment remaining on the Leased Premises after that time. 28.3 The 5 year term of this Lease is eontingem Mpon eontiooed fundiRg by the State Department of Health, Bæ-eau ofClinieal aFld NatritiønalServiees at a funding reimbæ-semeat level of ORe htmdred pereent of Lessee's WIC ProgFaII1 iR Segl:lin, Te1cas. If the DepartmeRt of Health eaneels Lessee's WIC Program fuaàing prior to the eKpiration oftlle Lease term, the Lease term 'Nill be adjusted to eKpire eone1:lITemly 'Nith the ead of program funding. Caneellatioa of fuRàing by the State and the soosequeRt early terminatioR øf the Lease by Lessee does ROt eonstimte defaWt by Lessee aad the peaalties for defal:llt matliaed ia this Lease are Flot applieable. Lessee agrees to give Landlørd notiee of funding eaaeellatioR v.itlliFl 10 àays of notifieation by the State. It is understood and agreed that, after the expiration of the first lease year, if funding for Tenant's operation in the Demised Premises currently provided by the State Department of Health, Bureau of Clinical and Nutritional Services is canceled or reduced below its current level, Tenant shall have the right, after the expiration.ofthe first lease year, to terminate the Lease by providing the Landlord with sixty (60) days prior written notice. Accompanying such notice should be payment of a termination penalty in an amount equal to $333.33 multiplied by the number of months remaining on the primary lease term after the expiration of the above referenced sixty (60) day notification. INITIAL ~ ~