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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 />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 sendce voluntarily given or <br />perfonned by either party shall give the other any contractual right by custom, <br />estoppel or otherwise. <br />11. EXPIRATION AND TERMINATION <br />11.I 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 />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 />