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In the event of failure by the Owner to furnish any of the above utilities in a satisfactory manner, <br />the Occupant may furnish the same at its own cost; and, in addition to any other remedy the <br />Occupant may have, may deduct the amount thereof, Including Occupant's administrative costs, <br />from the rent that may then be, or thereafter become due hereunder. In addition, Owner shall <br />provide a list of all utilities, including contact information, used to operate the Premises contracted <br />out to third parties. Owner shall agree to make available an on -call facilities person to assist <br />Occupant during the Term of this Occupancy Agreement. <br />Repalr and 8. During the term of this Occupancy Agreement, the Occupant shall maintain the occupied <br />Maintenance Premises in good repair, general wear and tear excepted. <br />Assignment 9. The Occupant shall have the ability to assign this Occupancy Agreement upon notice to <br />and the Owner. <br />Subletting <br />Quiet 10. The Owner agrees that the Occupant, while keeping and performing the covenants herein <br />Possession contained, shall at all times during the existence of this Occupancy Agreement, peaceably and <br />quietly have, hold, and enjoy the occupied Premises without suit, trouble, or hindrance from the <br />Owner or any person claiming under Owner. <br />Destruction 11. If the occupied Premises are totally destroyed by fire or other casualty, this Occupancy <br />Agreement shall terminate. If such casualty shall render ten percent (10%) or less of the floor <br />space of the occupied Premises unusable forthe purpose intended, Owner shall effect restoration <br />of the Premises as quickly as is reasonably possible, but in any event within thirty (30) days. <br />In the event such casualty shall render more than ten percent (10%) of such floor space <br />unusable but not constitute total destruction, Owner shall forthwith give notice to Occupant of the <br />specific number of days required to repair the same. If Owner under such circumstances shall <br />not give such notice within fifteen (15) calendar days after such destruction, or if such notice shall <br />specify that such repairs will require more than ninety (90) days to complete from date such notice <br />is given, Occupant, in either such event, at its option may terminate this Occupancy Agreement <br />or, upon notice to Owner, may maintain occupancy and elect to undertake the repairs Itself, <br />deducting the cost thereof from the rental due or to become due under this Occupancy Agreement <br />and any other Occupancy Agreement between Owner and Occupant. <br />In the event of any such destruction other than total, where the Occupant has not terminated <br />the Occupancy Agreement as herein provided, or pursuant to the terms hereof has not elected to <br />make the repairs itself, Owner shall diligently prosecute the repair of said Premises and, in any <br />event, If said repairs are not completed within the period of thirty (30) days for destruction <br />aggregating ten percent (10%) or less of the floor space, or within the period specified in Owner's <br />notice in connection with partial destruction aggregating more than ten percent (10%), the <br />Occupant shall have the option to terminate this Occupancy Agreement or complete the repairs <br />Itself, deducting the cost thereof from the rental due or to become due under this Occupancy <br />Agreement and any other Occupancy Agreement between Owner and Occupant. <br />In the event the Occupant remains in possession of said Premises though partially damaged, <br />the rental as herein provided shall be reduced by the same ratio as the net square feet the <br />Occupant is thus precluded from occupying bears to the total not square feet in the occupied <br />Premises. "Net square feet" shall mean actual inside dimensions and shall not include public <br />corridors, stairwells, elevators, and restrooms. <br />It is understood and agreed that the Occupant or its agent has the right to enter its destroyed <br />or partially destroyed occupied facilities no matter what the condition. At the Occupant's request, <br />the Owner shall Immediately Identify an appropriate route through the building to access the <br />Occupant occupied space. If the Owner cannot identify an appropriate access route, it is agreed <br />Page - 4 <br />