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<br /> 9 <br /> should LESSEE decide not to terminate the contract upon the <br /> occurrence of such damage or destruction, either party hereto may, <br /> upon ten (10) days' prior written notice to the other, terminate <br /> this contract. If the reconstruction or repair of the leased <br /> premises is not finally completed within one hundred twenty ( 120 ) <br /> days from the date of the occurrence of the damage or destruction, <br /> LESSEE may, upon ten (10) days' prior written notice to LESSOR, <br /> terminate this contract. <br /> VIII. MISCELLANEOUS <br /> Failure of either party to insist upon strict performance of <br /> any covenant or condition of this lease agreement in anyone or <br /> more instances shall not be construed as a waiver for the future <br /> for any such covenant or condition, but the same shall be and <br /> remain in full force and effect. <br /> Nothing contained herein shall be deemed or construed by the <br /> parties hereto, or by any third party, as creating the relationship <br /> of principal and agent or of partnership or of joint venture <br /> between the parties hereto. It is understood and agreed that <br /> neither the method of computation of rent, nor any other provision <br /> contained herein, nor any acts of the parties hereto, creates a <br /> relationship other than the relationship of LESSOR and LESSEE. <br /> Any notice required or desired to be given to either party <br /> shall be in writing and mailed by certified mail, postage prepaid. <br /> Any such notice to the LESSOR shall be addressed to it at 173 S. <br /> Seguin Street, New Braunfels, Texas, 78130. Any such notice to the <br /> LESSEE shall be addressed to City Manager, 630 East Hopkins, San <br />