Agmt11 City of San Carlos Fire and Emergency Services

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EXHIBIT D City elects to give such notice of City's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to the City of Lessee's intention to repair such damage at Lessee's expense, without reimbursement from City, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such ten (10) day period this Lease shall be canceled and terminated as of the date of the occurrence of such damage. 16.2 Total Destruction. If at any time during the term hereof the Premises are totally destroyed from any cause whether or not covered by the insurance required to be maintained by City (including any total destruction required by any authorized public authority) this Lease shall automatically terminate as of the date of such total destruction, in which event the parties will meet and confer regarding any change in scope of work for the Fire Services Agreement in light of such Lease termination. 17. Default; Remedies. If either party defaults with regard to any of the provisions of this Lease Agreement, the non-defaulting party shall serve written notice of such default upon the defaulting party. If the default is not cured by the defaulting party within thirty (30) days after service of the notice of default, the defaulting party shall be liable to the other party for damages caused by such default, and the non-defaulting party shall have the right to give a written termination notice to the defaulting party. In the event of any Lease termination, the parties will meet and confer regarding any change in scope of work for the Fire Services Agreement. Each right and remedy provided for herein or now or hereafter existing at Law or equity, by statute or otherwise, shall be cumulative and shall not preclude either party from exercising any other rights or ATTY/AGR/2013.065/SAN CARLOS FIRE STATION LEASE—STATIONS 13& 16(EXHIBIT D) REV:05-02-13 VR Page 9 of 11