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have accrued prior to such termination, together with all damages suffered by <br />LANDLORD because of TENANT's breach of any covenant contained in this Lease. <br />(c) Exercise any and all rights, remedies, and privileges that LANDLORD <br />may have under applicable law or in equity, or under this Lease. <br />9.3 DEFAULT OF LANDLORD. Except as otherwise provided in this Lease, <br />LANDLORD shall be in default under this Lease if LANDLORD fails to perform any of its <br />obligations hereunder and said failure continues for a period of thirty (30) days after written <br />notice from TENANT to LANDLORD (unless such failure cannot reasonably be cured within <br />thirty (30) days and in that event LANDLORD shall commence to cure said failure within the <br />thirty (30) day period and thereafter diligently continue to cure the failure). TENANT shall have <br />no right of setoff against rent. TENANT'S may pursue as a remedy damages, recoupment, or <br />counterclaims for any damages that TENANT may have sustained by reason of LANDLORD's <br />failure to perform any of the terms, covenants or conditions contained in this Lease. <br />ARTICLE 10 - ACCESS BY LANDLORD <br />LANDLORD or LANDLORD'S agents shall have the right to enter the Premises upon <br />reasonable notice to examine and inspect the same, to show the Premises to prospective <br />purchasers, to determine compliance with the terms of this Lease, to make alterations, repairs, <br />improvements or additions as LANDLORD may deem necessary or desirable, or to conduct such <br />other inspections and activities of LANDLORD, provided the same do not unreasonably <br />interfere with TENANT's use and enjoyment of the Premises. Nothing herein contained shall be <br />deemed or construed to impose upon LANDLORD any obligation, responsibility or liability <br />whatsoever for the care, maintenance or repair of the Premises, nor any part thereof or any <br />improvements, fixtures or property located thereon, except as otherwise specifically provided <br />herein. <br />ARTICLE 11- TENANT'S PROPERTY <br />11.1 TAXES ON TENANTS PROPERTY. TENANT shall be responsible for and <br />shall pay before delinquency all municipal, county, state and federal taxes assessed during the <br />term of this Lease against personal property of any kind owned by or placed in, upon or about <br />the Premises by the TENANT. <br />11.2 LOSS OR DAMAGE. Except as provided herein, LANDLORD shall not be <br />liable for any loss or damage to property of TENANT or of others located on the Premises, by <br />theft or otherwise. LANDLORD shall not be liable for any claims arising from damage to <br />property located in or on the Premises resulting from fire, explosion, gas or electrical <br />malfunction, water damage or leakage; nor shall LANDLORD be liable for any damages caused <br />by other persons in the Premises, or by public or quasi -public work on adjacent property, <br />excepting only liability to the extent resulting from gross negligence or willful and wanton acts <br />or omissions of LANDLORD. It is acknowledged and understood by TENANT that the safety <br />and security of any property of TENANT is the sole responsibility and risk of TENANT. <br />10 <br />