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<br />and subject to all other terms of this Article, restore the Waste Management Improvements constructed on the <br />Premises to substantially the same condition as existed prior to the casualty, except for modifications required <br />by zoning and building codes and other laws or by the holder of a mortgage on the Premises (or any portion <br />thereofl, provided that if the cost of such repair by exceeds the amount of insurance proceeds received by <br />Waste Management's insurance carrier, Waste Management shall have the right to immediately terminate this <br />Lease on notice to City without further damages arising to either party. Waste Management shall, prior to the <br />commencement of construction, submit to City, for City's review and approval, all plans, specifications and <br />working drawings relating thereto. City shall allow Waste Management a proportionate abatement of all rent <br />during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this <br />Lease, and not occupied by Waste Management as a result thereof. <br />12. EXPIRATION AND TERMINATION <br />12.1 Waste Management's Duty to Surrender. At the expiration or earlier termination of the term, Waste <br />Management shall surrender to City the possession of the Premises in accordance with the terms and <br />conditions of this Lease. Waste Management shall leave the surrendered Premises and any other property in <br />good condition reasonable wear and tear and damage due to casualty excepted. All property that Waste <br />Management is required to surrender shall become City's property at termination of the Lease. All property <br />that Waste Management is not required to surrender but that Waste Management does abandon shall, at City's <br />election, become City's property at termination. If Waste Management fails to surrender the Premises at the <br />expiration or sooner termination of this Lease, Waste Management shall be liable to City for such holding over <br />rental rates as set forth below. <br />12.2 Holdinq Over. Any holding-over by Waste Management after expiration shall be a month to month tenancy <br />and shall not constitute a renewal or extension or give Waste Management any rights in or to the Premises <br />except as expressly provided in this Lease. Notwithstanding the foregoing, no termination of this Lease shall <br />release Waste Management from any liability or obligation hereunder, whether of indemnity or otherwise, <br />resulting from any acts, omissions or events happening prior to the date of termination, or date of surrender if it <br />be later. <br />12.3 Quiet Enioyment. City covenants that Waste Management on keeping, observing and performing all the <br />other terms, covenants, conditions, provisions and agreements herein contained on the part of Waste <br />Management to be kept, observed and performed, shall, during the Lease term, peaceably and quietly have, <br />hold and enjoy the Premises subject to the terms, covenants, conditions, provisions and agreements hereof <br />without interference by any persons lawfully claiming by or through City. <br />13. GENERAL CONDITIONS, MISCELLANEOUS PROVISIONS <br />13.1 Notices. <br />13.1.1 Definition of Notice; Application of Provision. As used in this Lease, the term "notice" includes, <br />without limitation, the communication of notice, request, demand, approval, statement, report, <br />acceptance, consent, waiver and appointment, <br />622009-1 17 <br />