03/02/2020 BOARD OF SELECTMEN Agenda Packet

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months of the Term, Landlord orLandlord's agent may affix to any suitable part of the Premises a notice for letting or selling the Premises or property of which the Premises are a part and keep the same so affixed without hindrance or molestation. the Premises or any portion of the property shall be 5ection 9. Casualtv and Condemnation. if materially damaged or destroyed by fire or other casualty such that the Premises 'and/or the property is untenantable and the Landlord cannot be reasonably expected to repair such damage within one-hundred twenty (120) days, Landlord shall have the night to terminate this Lease upon notice to Tenant. if said right of termination is exercised, this Lease shall terminate as of the date of such damage or destruction. If the Premises are damaged by fire or other casualty and the Landlord cannot reasonably be expected to restore the pjemises within one hundred twenty (120) days of receipt of damage insurance proceeds therefor,Tenant shall have the right to terminate this,Agreement upon twenty(20)days'notice to Landlord.If neither Landlord nor Tenant terminates this Lease,pursuant to the foregoing terms, then Landlord shall restore or repair the Premises to the extent of insurance proceeds made available to Landlord and the rental. otherwise payable under this Lease will abate in whole or in part proportionate to the 'thin the Premises which is unusable by Tenant from the date of the casualty to the completion of the space wi 1 restoration or repairs,provided that the Tenant's,business is not open.In all cases of damage or destruction by fire or other casualty during the Term of this Lease, Tenant shall be liable and responsible for the removal. of any 6 " lieu thereof, In the event of a condemnation or deedin i remains of its property or other debris from the Premises, I of so much of the Premises as to render the Premises untenantable, this Lease shall automatically terminate. If such condemnation, or deed in lieu thereof' does not render the Premises untenantable, then this,Lease shall continue, but Rent shall be abated in proportion to the space within the Premises that was -rendered unusable., Landlord shall be entitled to the full. amount of any condemnation proceeds, except to the extent of any separate award that may be made to Tenant, provided that such separate award does not diminish the amount made to Landlord. For the purposes of Section 9, "untenantab�le" shall be defined to mean damage or destruction. of the Premises to an extent that such damage or destruction prevents Tenant fi*om conducting its business in the Premises or so substantially� impairs its ability to conduct its b�us,iness in the Premises that Tenant elects to Ry discontinue its business operation at the Premises. temporari 1 1 Notwith standing anything to the contrary contained in this Section 9, if the Premises are damaged as a result of Casualty to the extent that it is unreasonable to expect Tenant to continue to operate its business in the Premises, Tenant may temporarily close the Premises for business. If Tenant closes the Premises for business under these circumstances,all Rent shall abate until the earlier to occur of(a)the date Tenant reopens the Premises for business; or(b)twenty(20)days affer the Premises are repaired or rebuilt by Landlord to the extent required herein. Section 10. Event of Default lord's Remedies. Section 10.1. Tenant's-Event of Default, Any one of the following shall be deemed to be an. ithin five(5)business days,of the due date "Event of Default": (a)Tenant's failure to pay any monetary amount w i thereof;(b�)with respect to a non-monetary default under this Lease not otherwise addressed'in this Section,failure It 1 0 of Tenant to cure the same within fifteen(15)days of'Landlord's cletivery of notice of such default(or such longer 'ded Tenant shall have commenced the c,urm' g ecessary,provi period which,by the nature of such default,may be n of such default within ten days of delivery of such default notice and shall be diligently prosecuting the same to completion,but in no event shall the cure period,Including such extended cure period,exceed a total of forty five (45)days)- (c)the commencement of any bankruptcy,insolvency,receivership or similar type of proceeding with respect to either Tenant or Guarantor. Section 10.2. Landlord's Remedies. Upon the occurrence of any Event of Default, Landlord shall have the right to exercise any one or more or the following remedies-, (a) upon such advance written notice as may be required. by law, Landlord may terminate this Lease, effective at such time as may be specified by notice to Tenant and recover possession of the Premises from Tenant, but, notwithstanding such termination, 7