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12. RECONSTRUCTION In the event that the Premises is damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to forthwith repair the same; and this Lease shall remain in full force and effect. The Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. 13. DEFAULT, REMEDIES. A. Default. The occurrence of any one or more of the following events shall constitute a default under this Lease by Tenant: 1. Non-curable defaults: a) The vacating or abandonment of the Premises by Tenant. b) Any attempted or involuntary transfer of Tenant's interest in this Lease without Landlord's prior consent. c) If Tenant makes, or has made, or furnishes any warranty, representation or statement to Landlord in connection with the Lease which is or was false or misleading in any material respect when made or furnished. z. Curable defaults: a) The failure by Tenant to make any payment of rent or any other payment required to be made by Tenant hereunder, as and when due, where such failure shall continue for a period of three (3) days after written notice thereof by Landlord to Tenant, this Lease shall be terminable at Landlord's option. b) The failure by Tenant to observe or perform any of the covenants, conditions, or provisions of this Lease to be observed or performed by the Tenant, where such failure shall continue for a period of ten (10) days after written notice thereof by Landlord to Tenant. B. Remedies. In the event of any non-curable default or breach by Tenant, Landlord shall have the right to terminate this Lease and Tenant's right to possession of the Premises, and Tenant shall immediately surrender possession of the Premises to Landlord. If Landlord terminates this Lease and Tenant's right to possession for the Premises, Landlord may recover the following from Tenant: a) The worth at the time of award of the unpaid rent which was due, owing and unpaid by Tenant to Owner at the time of termination; b) Pursuing any other remedies now or hereafter available to Landlord under the laws or any judicial decision of the state in which the Premises are located. 14. GENERAL PROVISIONS Waiver. The waiver by Landlord of any term, covenant or condition herein contained shall 3