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7 <br />NE136-36-895631.v2 <br />to have such policies endorsed, if necessary, to prevent the invalidation of insurance coverage by <br />reason of such mutual waiver. <br /> <br /> ARTICLE VIII - DESTRUCTION AND RESTORATION <br /> <br />8. DAMAGE. If a significant portion of the Community Center or the Leased Space <br />is damaged or destroyed, Landlord shall have the option to rebuild the Community Center and the <br />Leased Space or to terminate this Lease. If the Community Center or the Leased Space cannot be <br />repaired and restored within 90 days from the date of the damage, then Landlord or Tenant shall <br />have the right to terminate this Lease from the date of such damage or destruction by giving a <br />notice to the other party. In such event, Tenant shall be entitled to a refund of any rent prepaid for <br />a period during which the Leased Space is untenantable. Furthermore, Tenant shall not be <br />responsible for any Additional Rent for services provided to the Community Center during this <br />period. <br /> <br /> ARTICLE IX - DEFAULT <br /> <br />9.1 EVENTS OF DEFAULT. The following events shall be deemed to be events of <br />default by Tenant under this Lease: <br /> <br />(a) Tenant fails to pay when due any installment of rent, Additional Rent, or <br />other charges provided herein, or any portion thereof and the same shall <br />remain unpaid for more than 30 days, or such longer period of time as may <br />be reasonably required, after Landlord, by written notice, has informed <br />Tenant of such noncompliance; or <br /> <br />(b) Tenant does or permits to be done anything that creates a lien upon the <br />Leased Space or the Community Center; and does not cause said lien as to <br />Landlord’s interest in the property to be released within 10 days after written <br />notice from Landlord; or <br /> <br />(c) Any material representation or warranty made in writing to Landlord in this <br />Lease or in connection with the making of this Lease, by Tenant has been <br />found by Landlord at any time to have been incorrect in any material respect <br />when made or becomes incorrect; or <br /> <br />(d) Tenant fails to comply with any other material provisions of this Lease and <br />does not cure any failure within 30 days, or such longer period of time as <br />may be reasonably required to cure such default, after Landlord, by written <br />notice, has informed Tenant of such noncompliance. <br /> <br />9.2 LANDLORD’S REMEDIES. Upon the occurrence of any of the above listed <br />events of default, Landlord may elect to either: (1) terminate this Lease; or (2) terminate Tenant’s <br />right to possession only without terminating this Lease, hereinafter referred to as re-entry; (3) <br />pursue any other remedy available at law or in equity. Landlord shall have all remedies provided <br />in the Lease and under governing law. All of the remedies given to Landlord in this Lease or by <br />law shall be cumulative, and the exercise of one right or remedy by Landlord shall not impair its <br />right to exercise any other right or remedy.