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Be Termination of Lease Without Cause: Lessor may terminate this Lease upon three <br />hundred sixty (360) days written notice to Lessee. Following the lapse of the three hundred sixty <br />(360) days notice period, Lessor may re-enter and occupy the Site. <br />C. Damage or Destruction: Upon destruction, partial destruction or inability to use the <br />Site for its intended purpose, Lessor is under no obligation to reconstruct or repair said Site and <br />either Lessor or Lessee may terminate this Lease. <br />D. Lessee's Insolvency: Lessor may terminate this Lease upon Lessee's insolvency if <br />Lessee is the subject of an involuntary bankruptcy proceeding or commences a voluntary or <br />involuntary bankruptcy proceeding or makes an assignment for the benefit of creditors or if a <br />receiver or other liquidating officer is appointed for Lessee. <br />E. Lessee's Breach: <br />i. Lessor may terminate this Lease upon thirty (30) days' prior written notice to <br />Lessee of intent to terminate on the first or second or third occurrence of Lessee's failure to pay <br />rent or additional rent [including, but not limited to, Assignment and/or Sublease Premiums as <br />set forth in Section 9 (Assignment or Sublease) of these General Terms and Conditions] by the <br />tenth (10t') day of the month that it is due, provided, however, that if Lessee cures the non- <br />payment within that thirty (30) day period after receipt of notice, then Lessor's notice of intent to <br />terminate is voided and the Lease and Lease term shall continue. Lessor may, without any <br />Lessee right to cure, terminate this Lease upon thirty (30) days' prior written notice to Lessee of <br />intent to terminate on any occurrence after the third occurrence of Lessee's failure to pay rent or <br />additional rent [including, but not limited to, Assignment and/or Sublease Premiums as set forth <br />in Section 9 (Assignment or Sublease) of these General Terms and Conditions] by the tenth (l0a') <br />day of the month that it is due. <br />ii. Lessor may terminate this Lease if Lessee breaches or fails to perform or observe <br />any of the terms and/or conditions of this Lease, other than payment of rent, and fails to cure such <br />breach or default within thirty (30) days after written notice from Lessor or such longer period, up <br />to sixty (60) days, as may be reasonably required, within Lessor's reasonable discretion, to <br />diligently complete a cure commenced within that thirty (30) day period and being diligently and <br />continuously pursued by Lessee. <br />F. Termination Process: Unless otherwise specified in this Lease, prior written notice <br />of termination shall be delivered by certified mail, return receipt requested, and shall be effective <br />upon receipt of such notice, as evidenced by the return receipt. Upon such termination, Lessee shall <br />be entitled to the reimbursement of any rent prepaid by Lessee for any period after termination. <br />G. Nonexclusive Remedy: Termination under this Section shall be in addition to and <br />not in limitation of any other remedy of Lessor at law or in equity. Termination shall not release <br />Lessee from any liability or obligation with respect to any matter occurring prior to such <br />termination. <br />Page 12 of 22 <br />