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equal to that portion of the rent so paid in advance, payment of which is
<br /> suspended. It is expressly provided, however, that if, at any time after the
<br /> fifteenth (15th) year of the term of this lease, the demised premises shall be
<br /> damaged or destroyed to the extent of fifty percent (50%) or more, Landlord
<br /> and Tenant shall each have the right and option of _termintting this lease by
<br /> giving to the other written notice of its decision to terminate within twenty
<br /> (20) days after such damage or destruction occurs, and in the event either
<br /> party gives such notice, this lease shall thereupon immediately terminate and
<br /> end; if neither party gives such written notice within twenty (20) days after
<br /> suc13 amage or destruction occurs, Landlord shall immediately proceed to repair
<br /> and restore said premises as hereinbefore provided.
<br /> INSURANCE. That Landlord shall keep the building of which the demised
<br /> premises are a part or.the whole insured against loss or damage by fire to the
<br /> extent of the full insurable value thereof, including all improvements,
<br /> alterations, additions and changes made by the Landlord or Tenant, and it is
<br /> agreed that such insurance shall be carried for the mutual benefit of Landlord
<br /> and Tenant, and all moneys collected from such insurance shall be used toward
<br /> the full compliance with the obligation of the Landlord assumed under the
<br /> paragraph of this lease entitled "Damage Clause."
<br /> If Landlord carries plate glass insurance, it shall be
<br /> written in a manner to cover both Landlord and Tenant.
<br /> PAINTING AND REDECORATING. That, other than as set forth in the clauses
<br /> herein captioned "Repairs", "Escape of Gas, `Water, Steam, Electricity", and
<br /> "Damage Clause", Landlord shall not be required to paint, varnish or
<br /> otherwise redecorate the demised premises. However, Tenant shall have the
<br /> right to retain during each lease year of the term hereof all rentals on
<br /> Tenant's net retail sales between One Million Two Hundred Thousand Dollars
<br /> J. C. PENNE1f ($1,7,00,000) and One Million Two Hundred Forty Two Thousand Dollars /‘
<br /> COMPANY ($1,2;42,000) and to apply such funds towards painting, varnishing or '°
<br /> my a).1'4
<br /> otherwise redecorating the demised premises. If, upon the termination of this r
<br /> lease, any such unused funds shall be in Tenant's possession, they shall be
<br /> paid over to Landlord.
<br /> HEAT AND WATER. That Landlprd shall provide at all times an adequate
<br /> J. Y steam, vapor, a -hot water:neat�'ing plant of sufficient capacity to maintain a r
<br /> �P .;( temperature of 70° Fahrenheit throughout the demised premises under all
<br /> c
<br /> r.
<br /> onditions of outside temperature. Landlord shall be under no duty or
<br /> •`/ )7 obligation to operate said heating plant for the purpose of furnishing heat to
<br /> BY
<br /> the demised premises.
<br /> That Landlord shall provide and maintain adequate water
<br /> connections to the demised premises, and Tenant shall pay all charges for
<br /> water consumed on the demised premises.
<br /> RIGHT OF WAY. That Landlord guarantees that during the term hereof the
<br /> Tenant shall have the continuous right to use any rights of way which are in
<br /> use on the date of the execution of this lease leading to and from any rear,
<br /> front or side entrances to the demised premises, and the right to the use of
<br /> any right of way or alleyway either on or adjoining the premises of which the
<br /> herein demised premises are a part or the whole, the use of which the Landlord
<br /> has a right to grant to Tenant or which the Landlord owns or controls.
<br /> ACCESS. That the Landlord shall have free access to the premises herein
<br /> demised at reasonable times for the purpose of examining the same or to carry
<br /> out any obligation of this contract requiring access by the Landlord to such
<br /> premises.
<br /> LANDLORD TO PAY TAXES, ETC. That Landlord shall pay all taxes,
<br /> assessments and other charges which may be levied, assessed or charged against
<br /> the demised premises, and will make all payments required to be made under the
<br /> terms of any mortgage or deed of trust which is now a lien on the demised
<br /> premises. f
<br /> TENANT'S PERSONAL TAXES. That Tenant shall pay any personal taxes I
<br /> assessed by the State or any duly constituted authority on Tenant's personal
<br /> property situated in the demised premises.
<br /> RIGHT TO CONTEST. That in the event Landlord or Tenant, in good faith, ,
<br /> shall desire to contest any tax or assessment levied against Landlord or
<br /> Tenant, or any Federal, State, County or City laws or ordinances, or any
<br /> rules, regulations or orders of any duly constituted authority, insofar as
<br /> such laws, ordinances, rules or regulations shall affect the obligations of
<br />
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