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ARTICLE 13 - ASSIGNMENT AND SUBLETTING <br />A. Except as provided in Article 2 of this Lease, Tenant may not assign, sublet, license, <br />mortgage or encumber this Lease, the Leased Premises, or any part thereof, whether by voluntary <br />act, operation of law, or otherwise, without the written consent of Landlord. <br />B. Landlord's right to assign this Lease is and shall remain unqualified upon any sale <br />or transfer of the Leased Premises and, providing the purchaser succeeds to the interests of <br />Landlord under this Lease; Landlord shall thereupon be entirely freed of all obligations of <br />Landlord hereunder and shall not be subject to any liability resulting from any act or omission <br />or event occurring after such conveyance. <br />ARTICLE 14 - LOSS BY CASUALTY <br />If the Leased Premises or a majority portion thereof is damaged or destroyed by fire or other <br />casualty, Landlord shall have the right to terminate this Lease, provided it gives written notice thereof <br />to Tenant within ninety (90) days after such damage or destruction. If Landlord does not elect to <br />terminate this Lease, the Landlord shall, at its expense, restore the Leased Premises to as near the <br />condition which existed immediately prior to such damage or destruction, as reasonably possible, <br />and the rentals shall abate during such period of time as the Leased Premises are untenantable, in the <br />proportion that the untenantable portion of the Leased Premises bears to the entire Leased Premises. <br />ARTICLE 15 - WAIVER OF SUBROGATION <br />Landlord and Tenant hereby release the other from any and all liability or responsibility to <br />the other or anyone claiming through or under them by way of subrogation or otherwise for any loss <br />or damage to property caused by fire or any of the extended coverage or supplementary contract <br />casualties, even if such fire or other casualty shall have been caused by the fault or negligence of the <br />other party, or anyone for whom such party may be responsible; provided however, that this release <br />shall be applicable and in force and effect only with respect to loss or damage occurring during such <br />times as the releasing party's policies shall contain a clause or endorsement to the effect that any such <br />release would not adversely affect or impair said policies or prejudice the right of the releasing party <br />to recover thereunder. Landlord and Tenant agree that they will request their insurance carriers to <br />include in their policies such a clause or endorsement. If extra cost shall be charged therefor, each <br />party shall advise the other of the amount of the extra cost, and the other party, at its election, may <br />pay the same, but shall not be obligated to do so. <br />ARTICLE 16 - EMINENT DOMAIN <br />Landlord may not seek to take title to the Leased Premises, nor any portion thereof, by <br />eminent domain during the term of the Lease, regardless of whether Landlord remains a member of <br />the Tenant's joint powers entity. If the entire Leased Premises is taken by eminent domain by a <br />government entity other than Landlord, this Lease shall automatically terminate as of the date of <br />taking. If a portion of the Leased Premises is taken by eminent domain, the Landlord shall have the <br />7 <br />237419v9 <br />92 <br />