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<br />200804872 <br /> <br />Tenant and the agents and employees of the Tenant from all liability which may arise <br />by reason of damage to the property or any other area adjacent to the property, <br />which damage is of a type covered by a standard policy of fire and extended <br />coverage insurance; and the Landlords and the Tenant agree that all rights of <br />subrogation of their respective fire and extended coverage insurance carriers shall be <br />subject to the provisions of this Agreement. <br /> <br />XVI. <br /> <br />CONDEMNATION: If the entirety or substantial portion of the property shall be <br />taken or condemned by any competent authority for any public use or purpose, the <br />rent shall be prorated to the date of such condemnation and this lease shall be <br />automatically terminated, without apportionment of the award for such taking or <br />condemnation, which shall belong exclusively to the Landlords. <br /> <br />XVII. <br /> <br />FIRE AND CASUALTY ADJUSTMENT: In the event that the property shall be <br />destroyed or damaged by fire or other casualty so as to render the property <br />unsuitable for occupancy this lease shall be null and void. <br /> <br />XVIII. <br /> <br />MATERIAL BREACH: In the event of a material default by the Landlords, the <br />Tenant may at the election of the Tenant, either terminate this Agreement or bring an <br />action of damages sustained. <br /> <br />XIX. <br /> <br />WAIVERS: No waiver by the Landlords of a default by the Tenant shall be <br />implied and no express waiver shall extend to any default other than that specified <br />therein and then only for a period and to the extent specifically stated. The invalidity <br />and enforceability of any provision of this Agreement shall not invalidate or impair any <br />other provision herein. <br /> <br />The Tenant, wherever used in this Agreement, shall be construed to mean <br />Tenants in all cases where more than one Tenant shall have executed this Agreement <br />and the obligations of each of such Tenants for the payment of the rent and the <br />performance of the agreements herein contained shall be joint and several. <br /> <br />7 <br />