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<br /> -7- <br />occurrence of such damage or destruction to the date of final <br />completion of the reconstruction or repair in proportion to LESSEEls <br />deprivation of use of the leased premises for the purpose stated in <br />this contract. In the event that LESSOR and LESSEE cannot agree on the <br />issue of whether or not the damage or destruction of the leased <br />premi ses is twenty-five percent (25%) or more and/or on the amount of <br />the percentage of damage or destruction of the leased premises for the <br />purpose of calculating the proportionate reduction of the monthly <br />rentals payable to LESSOR should LESSEE decide not to terminate the <br />contract upon the occurrence of such damage or destruction, either <br />party hereto may, upon ten ( 10) days' prior written notice to the <br />other, terminate this contract. If the reconstruction or repair of <br />the leased premises is not finally complete within one hundred <br />twenty (120) days from the date of the occurrence of the damage or <br />destruction, LESSEE may, upon ten (10) daysl prior written notice to <br />LESSOR, terminate this contract. <br /> VIII. MISCELLANEOUS <br /> Failure of either party to insist upon strict performance of any <br />covenant or condition of this lease agreement in any one or more <br />instances shall not be construed as a waiver for the future of any such <br />covenant or condition, but the same shall be and remain in full force <br />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 between <br />the parties hereto. It is understood and agreed that neither the <br />method of computation of rent, nor any other provision contained <br />herein, nor any acts of the parties hereto, creates a relationship <br />other than the relationship of LESSOR and LESSEE. <br /> Any notice required or desired to be given to either party shall <br />be in writing and mailed by certified mail, postage prepaid. Any such <br />notice to the LESSOR shall be addressed to it at 173 S. Seguin Street, <br />New Braunfels, Texas, 78130. Any such notice to the LESSEE shall be <br />addressed to City Manager, 630 East Hopkins, San Marcos, Texas 78666. <br />The address of either party may be changed by written notice thereof <br />to the other party. <br />