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B. 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 (loth) 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(loth) <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 />