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. ARTICLE VIII. - QUIET ENJOYMENT <br /> 8.01 Landlord covenants that Tenant, on paying the Rents herein provided and keeping, <br /> performing and observing the covenants, agreements and conditions herein required of Tenant, <br /> shall peaceably and quietly hold and enjoy the Premises for the term aforesaid, subject, however, <br /> to the terms of this Lease. <br /> ARTICLE VIII. - SUBLETTING <br /> 9.01 Landlord acknowledges that Tenant will operate a "business incubator" in the Premises and <br /> will sublet portions of the Premises to other businesses. Notwithstanding any sublease, Tenant <br /> shall remain liable hereunder and shall not be released without the express written agreement of <br /> Landlord to such release. Tenant shall retain all rents payable to Tenant arising out of such <br /> subleases. <br /> ARTICLE IX. - DAMAGE OR DESTRUCTION <br /> 10.01 If the Premises or the Building or any part thereof is so damaged by fire or other <br /> casualty, cause or condition whatsoever as to be substantially untenantable and the Landlord shall <br /> determine not to restore same, Landlord may, by written notice to Tenant given within sixty (60) <br /> days after such damage, terminate this Lease as of the date of the damage. If this Lease is not <br /> • terminated as above provided and if the Premises are made partially or wholly untenantable as <br /> aforesaid, Landlord, at its expense, shall restore the same with reasonable promptness to the <br /> condition in which Landlord furnished the Premises to Tenant at the commencement of the term <br /> of this Lease as to those items that were provided at Landlord's expense without any <br /> reimbursement by Tenant. Landlord shall be under no obligation to restore any alterations, <br /> improvements or additions to the Premises made by Tenant or paid for by Tenant, including, but <br /> not limited to, any of the initial finish done or paid for by Tenant or any subsequent changes, <br /> alterations or additions made by Tenant. <br /> 10.02 If, as a result of fire or other casualty, cause or condition whatsoever the Premises are <br /> made partially or wholly untenantable and, if Landlord has not given the termination notice <br /> within sixty (60) days as above provided for and fails within one hundred twenty (120) days after <br /> such damage occurs to eliminate substantial interference with Tenant's use of the Premises or <br /> substantially to restore same, Tenant may terminate this Lease as of the end of said one hundred <br /> twenty (120) days by notice to Landlord given not later than five (5) days after expiration of said <br /> one hundred twenty (120) day period. If the Premises are rendered totally untenantable but this <br /> Lease is not terminated, all rent shall abate from the date of the fire or other relevant cause or <br /> condition un:il the Premises are ready for occupancy and reasonably accessible to Tenant. If a <br /> portion of the Premises is untenantable, rent shall be prorated on a per diem basis and <br /> apportioned in accordance with the portion of the Premises which is usable by the Tenant until <br /> the damaged part is ready for the Tenant's occupancy. In all cases, due allowance shall be made <br /> • for reasonable delay caused by adjustment of insurance loss, strikes, labor difficulties or any <br /> cause beyond Landlord's reasonable control. For the purposes of this Lease, the Premises shall <br /> be considered tenantable so long as and to the extent that the Premises are occupied. In any <br /> 5 <br />