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9. SUBLETTING AND ASSIGNMENT. Lessee shall not sublet the whole or any part <br /> of said Premises, nor assign this lease, or any part thereof, without the written consent of Lessor <br /> which consent shall not be unreasonably withheld. If consent is once given by Lessor to the <br /> assignment of this lease, or any interest therein, Lessor shall not be barred from afterward <br /> refusing to consent any further assignment. This lease shall not be assignable by operation of <br /> law. <br /> Any assignment made by Lessee shall not become effective until the assignee, in writing, <br /> shall assume this lease and agree to perform and be bound by all of the obligations of Lessee <br /> accruing under this lease from and after the date of such assignment. In the event of such an <br /> assignment and assumption, Lessor shall remain bound by all of the obligations of Lessor <br /> accruing under this lease and,regardless of Lessor's consent,no subletting or assignment shall <br /> release Lessee of Lessee's obligation or alter the primary liability of Lessee to pay the rent and to <br /> perform all other obligations to be performed by Lessee hereunder. Acceptance of rent by <br /> Lessor from any other person shall not be deemed to be a waiver by Lessor of any provision <br /> hereof. Consent to one assignment or subletting shall not be deemed consent to any subsequent <br /> assignment or subletting. <br /> In the event of a permitted assignment of this Lease, Lessor,without having advice from <br /> the Lessee to the contrary, shall at such time credit all unearned rental hereunder to the assignee. <br /> Any other disposition of unearned rental will be made by Lessor only upon the joint written <br /> request of both Lessee and Lessor's Assignee at the time of submitting said assignment to Lessor <br /> for its consent. <br /> 10. CASUALTY REBUILDING CONDEMNATION. In the event the any portion of <br /> the Premises are destroyed or damaged by fire or other causes to such an extent that the Lessor <br /> shall decide to discontinue the operation of the Premises, which decision shall be communicated <br /> to Lessee within thirty(30) days after such damage or destruction,then this lease shall be <br /> terminated as of the date of such damage or destruction. In the event of damage to the Premises <br /> by fire or other causes, other than under the circumstances described in the preceding sentence, <br /> Lessor shall repair the Premises within a reasonable time and as quickly as circumstances will <br /> permit upon the same plan as immediately before the damage or destruction. Until the Premises <br /> are repaired and put in a good and tenantable order, the rents herein provided for, or a fair and <br /> just proportion thereof according to the nature and extent of the damage sustained, shall be <br /> abated until the Premises shall have been restored to the same condition as they were before such <br /> damage or destruction. <br /> In the event that the Premises are not usable as contemplated in this agreement for over <br /> 180 days due to the damage, Lessee shall have the right to terminate the lease. <br /> If the property or any part thereof wherein the Premises are located shall be taken by <br /> public or quasi-public authority under any power of eminent domain or condemnation, this lease, <br /> at the option of the Lessor shall forthwith terminate and Lessee shall have no claim or interest in <br /> or to any award of damages for such taking. <br /> 11. NOTICES. All notices to be given by the parties hereto shall be in writing and may <br /> either be served personally or may be deposited in the United States mail,postage prepaid,by <br /> either registered or certified mail, and if to be given Lessor, may be addressed to Lessor at: <br /> Facilities/Real Property Director City Clerk <br /> City of Everett City of Everett <br /> 3 <br />