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Y"a <br /> of recovering possession of the Premises;expenses of reletting,including necessary renovation and <br /> alteration of the Premises; reasonable Attorney's fees;the worth at the time of award by the court <br /> having jurisdiction thereof of the amount by which the unpaid rent and other charges and <br /> Adjustments called for herein for the balance of the term after the time of such award exceeds the <br /> amount of such loss for the same period that Tenant proves could be reasonably avoided; and that <br /> portion of any leasing commission paid by Landlord and applicable to the unexpired term of this <br /> Lease;or <br /> 23B. Maintain Tenant's right to possession, in which case this Lease shall continue in <br /> effect whether or not Tenant shall have abandoned the Premises. In such event,Landlord shall be <br /> entitled to enforce all of Landlord's rights and remedies under this Lease, including the right to <br /> recover the rent and any other charges and Adjustments as may become due hereunder;or <br /> 23C. Pursue any other remedy now or hereafter available to Landlord under the laws or <br /> judicial decisions of the State in which the Premises are located. <br /> 24. DEFAULT BY LANDLORD. Landlord shall not be in default unless Landlord fails to <br /> perform obligations required of Landlord within a reasonable time, but in no event later than thirty (30) <br /> days after written notice by Tenant to Landlord specifying wherein Landlord has failed to perform such <br /> obligation; provided, however,that if the nature of Landlord's obligation is such that more than thirty(30) <br /> days are required for performance then Landlord shall not be in default if Landlord commences <br /> performance within such thirty(30)day period and thereafter diligently prosecutes the same to completion. <br /> 25. RECONSTRUCTION. In the event the Premises are damaged by fire or other perils covered <br /> by extended coverage insurance,and if Landlord is required or elects(by written notice as set forth below) <br /> to forthwith repair same, then this Lease shall remain in full force and effect, except that Tenant shall be <br /> entitled to a proportionate reduction of all rents from the date of damage and while such repairs are being <br /> made, such proportionate reduction to be based upon the extent to which the damage and making of such <br /> repairs shall reasonably interfere with the business carried on by the Tenant in the Premises. If the damage <br /> is due to the fault or neglect of Tenant, its agents, servants, employees or invitees, there shall be no <br /> abatement of rent. In the event the Premises(a)are damaged as a result of any cause other than the perils <br /> covered by fire and extended coverage insurance,or(b)are substantially damaged and Landlord determines <br /> that repairs are economically unwarranted,then Landlord shall have the option:(1)to repair or restore such <br /> damage,this Lease continuing in full force and effect;or(2)give notice to Tenant at any time within sixty <br /> (60) days after such damage terminating this Lease as of the date specified in such notice,which date shall <br /> be no more than thirty (30) days after the giving of such notice. In the event of giving such notice, this <br /> Lease shall expire and all interest of the Tenant in the Premises shall terminate on the date so specified in <br /> such notice and the Minimum Rent shall be paid up to date of said termination;provided,however,Tenant <br /> shall be entitled to abatement of rent during any period of time that any portion of the Premises cannot be <br /> used by Tenant for the Use contemplated under this Lease in Section 3. Notwithstanding anything to the <br /> contrary contained in this Article, Landlord shall not have any obligation whatsoever to repair, reconstruct <br /> or restore the Premises when the damage resulting from any casualty covered under this Article occurs <br /> during the last twenty-four(24)months of the term of this lease or any extension thereof. Landlord shall <br /> not be required to repair any injury or damage by fire or other cause,or to make any repairs or replacements <br /> of any leasehold improvements,fixtures,or other personal property of Tenant. <br /> 26. EMINENT DOMAIN. If all or a substantial portion of the Premises shall be taken or <br /> appropriated by any public or quasi-public authority under the power of eminent domain or agreement in <br /> lieu of condemnation,either party hereto shall have the right, at its option,within sixty(60) days after said <br /> taking,to terminate this Lease upon thirty(30)days written notice. If neither party exercises its termination <br /> right,the rental thereafter to be paid by Tenant shall be adjusted on a fair and equitable basis to reflect the <br /> remaining square footage of the Premises. If any part of the Everett School District No 2 Property other <br /> than the Premises may be so taken or appropriated, Landlord, shall within sixty (60) days of said taking <br /> have the right at its option to terminate this Lease upon written notice to Tenant. In the event of any taking <br /> or appropriation whatsoever,Landlord shall be entitled to any and all award and/or settlements which may <br /> 99999-6028/LEGAL13867066.1 1 l� <br />