ent001485-012

9. ARTICLE IX - DAMAGE OR DESTRUCTION OF THE PREMISES A. If the premises and advertising displays installed therein or some part or parts thereof are partially damaged by fire, explosion, the elements, the public enemy or other casualty but are not thereby rendered unusable, the same shall be repaired with due diligence by the Contractor at his own cost and expense, and property insurance thereon shall be applied to the cost of such repair. B. If damage to the premises and advertising displays installed therein shall be so extensive as to render such premises unusable and such damage can be repaired in thirty days the same shall be repaired with due diligence by the Contractor at his own cost and expense and the proceeds of property insurance shall be applied to the cost of such repair. C. In the event the premises and advertising displays installed therein are completely destroyed by fire, explosion, the elements, the public enemy or other casualty, or are so damaged that they will remain unusable for more than thirty days, the Contractor shall be under no obligation to repair and reconstruct the premises and Contractor's obligation to pay rent shall cease from the date of such damage until the premises are fully restored, or, if the Contractor elects not to restore the premises, the Agreement between Commission and Contractor shall cease and ter- minate as of the date of such damage. If Contractor elects to repair the damage, proceeds of property insurance on the displays shall be applied to the cost of the repairs, but if Contractor elects not to repair the demised premises the proceeds of insurance shall be paid over to the Commission and to Contractor as their interest appears. The Contractor having elected to repair the premises and ad- vertising displays installed therein, if within twelve months after the time of such damage or destruction of said premises shall not have been repaired or re- constructed, Commission may give the Contractor written notice of its intention to cancel the agreement in its entirety as of the date of such damage or de- struction. ARTICLE X - CANCELLATION BY CONTRACTOR This agreement shall be subject to cancellation by the Contractor in the event of any one or more of the following events: If The permanent abandonment of the Airport as an air terminal. 2. The lawful assumption by the United States Government, or any authorized agency thereof, of the operation, control or use of the Airport, or any substantial part or parts thereof, in such a manner as substantially to restrict Contractor for a period of at least ninety (90) days from performing the contract. 3. Issuance of any court of competent jurisdiction of an injunction in any way preventing or restraining the use of the Airport, and the remaining in force of such injunction for a period of at least ninety (90) days. 4. The default of the Commission in the performance of any covenant or agreement herein required to be performed by the Commission and the failure of the Commission to remedy such default for a period of sixty (60) days after receipt from Contractor of written notice to remedy the same.