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• <br /> and fixtures without compensation and without liability for use and damage, or store <br /> them for the account of and at the cost of Tenant. The election of one remedy for <br /> any one item shall not foreclose an election of any other remedy for another item or <br /> for the same item at a later time. <br /> 10.5 Notice of Landlord's Default. Landlord shall not be considered to be in <br /> default under this Lease unless: (a) Tenant has given notice specifying the default; <br /> and (b) Landlord has failed for sixty (60) days to cure the default, if it is curable and <br /> institute and diligently pursue reasonable corrective or ameliorative acts for <br /> non - curable defaults. <br /> 10.6 Provisions Applicable to Both Parties. <br /> 10.6.1 Unavoidable Default or Delay. Any prevention, delay, <br /> non- performance or stoppage due to any of the following causes shall excuse <br /> non - performance for a period equal to any such prevention, delay, non - performance <br /> or stoppage, except the obligations imposed by this Lease for the payment of taxes, <br /> insurance. The causes referred to above are strikes, lock -outs, labor disputes, acts of <br /> public enemies of this state or of the United States, riots, insurrections, civil <br /> commotion, inability to obtain labor or materials or reasonable substitutes therefore, <br /> governmental restrictions or regulations or controls (expect those reasonably <br /> foreseeable in connection with the uses contemplated by this Lease). <br /> • <br /> 10.6.2 Waiver, Voluntary Acts. No waiver of any default shall <br /> constitute a waiver of any other breach or default, whether of the same or any other <br /> covenant or condition. No waiver, benefit, privilege or service voluntarily given or <br /> performed by either party shall give the other any contractual right by custom, <br /> estoppel or otherwise. <br /> 1 1. EXPIRATION AND TERMINATION <br /> 11.1 Tenant's Duty to Surrender. At the expiration or earlier termination of <br /> the term, Tenant shall surrender to Landlord the possession of the Premises, unless <br /> the parties have agreed in writing to an additional lease or renewal. Surrender or <br /> removal of improvements shall be as directed in provisions of this Lease on ownership <br /> • <br /> of improvements at termination. Tenant shall leave the surrendered Premises and <br /> any other property in good condition. All property that Tenant is required to <br /> surrender shall become Landlord's property at termination of the Lease. All property <br /> that Tenant is not required to surrender but that Tenant does abandon shall, at <br /> Automall Read Board Sign - Ground Lease <br /> Final 5/07/97 Page 18 of 22 <br />