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5 <br /> advance written notice to the Lessor, and (3) that the City of Everett and the EPFD, their <br /> officers, employees and agents are named as an additional named insured. <br /> 12. SUBLETTING AND ASSIGNMENT. Lessee shall not sublet the whole or <br /> any part of said Premises, nor assign this lease, or any part thereof, without the written <br /> consent of Lessor which consent shall not be unreasonably withheld. If consent is once <br /> given by Lessor to the assignment of this lease, or any interest therein, Lessor shall not be <br /> barred from afterward refusing to consent any further assignment. This Lease shall not <br /> be assignable by operation of law. <br /> Any assignment made by Lessee shall not become effective until the assignee, in <br /> writing, shall assume this Lease and agree to perform and be bound by all of the <br /> obligations of Lessee accruing under this lease from and after the date of such <br /> assignment. In the event of such an assignment and assumption, Lessor shall remain <br /> bound by all of the obligations of Lessor accruing under this Lease and, regardless of <br /> Lessor's consent, no subletting or assignment shall release Lessee of Lessee's obligation <br /> or alter the primary liability of Lessee to pay the rent and to perform all other obligations <br /> to be performed by Lessee hereunder. Acceptance of rent by Lessor from any other <br /> person shall not be deemed to be a waiver by Lessor of any provision hereof. Consent to <br /> one assignment or subletting shall not be deemed consent to any subsequent assignment <br /> or subletting. <br /> In the event of a permitted assignment of this Lease, Lessor, without having <br /> advice from the Lessee to the contrary, shall at such time credit all unearned rental <br /> hereunder to the assignee. Any other disposition of unearned rent will be made by Lessor <br /> only upon the joint written request of both Lessee and Lessor's Assignee at the time of <br /> submitting said assignment to Lessor for its consent. <br /> • <br /> In approving any subletting or assignment by the Lessee, the Lessor may require <br /> that any payment by the sub-tenant or assignee which is greater than the rent due the <br /> Lessor inn a gross amount or on a square foot basis from the Lessee be paid to the Lessor <br /> as additional rent. <br /> 13. CASUALTY REBUILDING CONDEMNATION. In the event the <br /> building of which the Premises are a part shall be destroyed or damaged by fire or other <br /> causes (and regardless of the extent of the damage to the Premises) to such an extent that <br /> the Lessor shall decide to discontinue the operation of the building, which decision shall <br /> be communicated to Lessee within thirty (30) days after such damage or destruction, then <br /> this Lease shall be terminated as of the date of such damage or destruction. In the event <br /> of damage to the Premises by fire or other causes, other than under the circumstances <br /> described in the preceding sentence, Lessor shall repair the Premises within a reasonable <br /> time and as quickly as circumstances will permit upon the same plan as immediately <br /> before the damage or destruction. Until the Premises are repaired and put in a good and <br /> tenantable order, the rents herein provided for, or a fair and just proportion thereof <br /> according to the nature and extent of the damage sustained, shall be abated until the <br /> Premises shall have been restored to the same condition as they were before such damage <br /> or destruction. <br /> In the event that the Premises are not usable as contemplated in this Lease for <br /> over 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 • <br /> by public or quasi-public authority under any power of eminent domain or condemnation, <br /> 34 <br />