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41 <br />expressly provided. All of the terms and conditions set forth in this Lease shall apply throughout the Term unless <br />otherwise expressly set forth herein. <br />32. TIME IS OF THE ESSENCE: Time is of the essence with respect to each and every provision of this Lease including <br />delivery of the leased Premises. <br />33. ENFORCEABILITY: If any provisions of this Lease shall be declared unenforceable in any respect, such <br />unenforceability shall not affect any other provision of this Lease, and each such provision shall be deemed to be <br />modified, if possible, in such a manner as to render it enforceable and to preserve to the extent possible the intent of <br />the Parties as set forth herein. This Lease shall be construed and enforced in 'accordance with the laws of the state in <br />which the Property is located. <br />34. FORCE MAJEURE: Neither Party to this Lease shall be liable for non-performance of any obligation under this Lease <br />if such non-performance is caused by a Force Majeure event. "Force Majeure" means an unforeseeable cause beyond <br />the control of and without the negligence of the party claiming Force Majeure, including, but not limited to, fire, flood, <br />acts of God, labor strikes, <br />other severe weather, interruption of utility services, war, acts of terrorism, and other <br />unforeseeable accidents. -If the Building in which the Leased Premises are located is totally destroyed or damaged fire, flood, natural disaster, or other casualty, this Lease shall immediately terminate. If the Building in which the <br />Premises are located or the Common Areas providing access to the Leased Premises are only partially destroyed or <br />damaged, as to <br />Leased Premises sintended <br />es for the purpose, thes e unsafe, e Landord shall have he op# on to elect to <br />l use and. <br />of repair and <br />enjoyment of the L <br />restore the Leased Premises and Property or terminate the Lease. The Landlord shall be permitted a reasonab e <br />amount of time, not to exceed sixty (60) days from the event of destruction or damage, to repair or restore the Leased <br />Premises and Property, provided that the Landlord submits to the Tenant and the United States Senate Sergeant at <br />Arms a reasonable schedule for repair of the Leased Premises and Property within' thirty (30) days of the event of <br />destruction or damage. If the Landlord fails to time) elec to terminate ihle Leaseule for effective asleting the work, the Tenant <br />of the date of the event of <br />or the United States Senate Sergeant at Arms may <br />destruction or damage. If the Landlord elects to repair or restore the Leased Premises and Property, but fails to repair <br />or restore the Leased Premises and Property within sixty (60) days from the event of destruction or damage, or fails to <br />diligently pursue such <br />Sergeant <br />repairs <br />at Arms may terminate the Lease leffectiveeas of the dateon ofthe impracticablethe , <br />damage• <br />or the United States9 <br />During the time that the Leased Premises are unoccupied by Tenant, rent shall be abated. <br />35. COMMON AREA: Landlord grants to Tenant, for the benefit of Tenant and its employees, suppliers, shippers, <br />contractors, customers, and invitees, during the term of this Lease, the non-exclusive right to use, in common with <br />others entitled to such use, the Common Areas of the Building as they exist from time to time, subject to any rights, <br />powers, and privileges reserved by Landlord under the terms hereof or under the terms of any rules and regulations or <br />restrictions governing the use of the Building. Tenant shall not be responsible for any costs associated with the use, <br />maintenance, or improvements of the Common Areas. <br />nts <br />during <br />36. CHANGED CIRCUMSTANCES: In the event thatthe <br />access policies, Landlord s security enhancementor encounters s building ng u pg ades, or <br />the term of <br />this Lease, such as, but not -limited to, budding hours, <br />infrastructure improvements, that result in or require an increased cost or "pass through" will not be charged to the <br />Tenant. <br />facsimile copy, each of <br />37. COUNTERPARTS: This bean Attachment ori9 inbut all of which together shall be deemed to be onemay be executed in any number of counterparts and nd the <br />which shall be deemed to same instrument. <br />38. SECTION HEADINGS: The captions and section headings in this Lease are for convenience only and do not in any <br />way define, limit, describe or amplify the terms of this Lease. <br />Page 9of14 <br />