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06/24/2013 <br /> 14.4 Waiver of Subrogation. Lessee and City each hereby waives any and all <br /> rights of recovery against the other, or against the officers, employees, agents and <br /> representatives of the other, for loss of or damage to such waiving party or its property or <br /> the property of others under its control, where such loss or damage is insured against <br /> under any insurance policy in force at the time of such loss or damage. Lessee and City <br /> shall, upon obtaining the policies of insurance required hereunder, give notice to the <br /> insurance carrier or carriers that the foregoing mutual waiver of subrogation is contained <br /> in this Lease. <br /> 15. Severability. If any provision of the Lease Agreement, or its application, is held <br /> invalid, it will not affect other provisions or application herein which can be given effect <br /> without the invalid provision or application. To this end all provisions of the Lease <br /> Agreement are severable. <br /> 16. City Repair of Lessee Damage. <br /> 16.1. Partial Destruction. If at any time during the term hereof the Premises <br /> are damaged, except by a negligent or willful act of Lessee (in which event Lessee shall <br /> make the repairs, at its expense) and such damage was caused by a casualty not covered <br /> under an insurance policy required to be maintained by City, City may at City's option <br /> either (i) repair such damage as soon as reasonably possible at City's expense, in which <br /> event this Lease shall continue in full force and effect, or (ii) give written notice to <br /> Lessee within (30) days after the date of the occurrence of such damage of City's <br /> intention to cancel and terminate this Lease as of the date of the occurrence of such <br /> damage, in which event the parties will meet and confer regarding any change in scope of <br /> work for the Fire Services Agreement in light of such Lease termination. In the event <br /> RESO. 15272 <br /> MUFF#304 <br />