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has not been repaired and such repairs have not commenced within one hundred eighty (180) <br />days of the date thereof, either party may, as its exclusive remedy, terminate this Lease upon <br />•� thirty (30) days written notice to all other parties. <br />ARTICLE XII. CONDEMNATION/HIGHWAY CONSTRUCTION. <br />If the whole or any part of the Leased Premises shall be taken under the power of eminent <br />domain or otherwise for construction of a state highway or any public transportation purpose, <br />then this Lease shall terminate with no compensation due the tenant as to the part so taken on the <br />day when the Tenant is required to yield possession thereof. If the portion of the Leased <br />Premises so taken is such as to impair substantially the usefulness of the Leased Premises for the <br />purposes for which the same are hereby leased, then either party shall have the option to <br />terminate this Lease with no compensation due the tenant as of the date when the Tenant is <br />required to yield possession. <br />ARTICLE XIII. DEFAULT OF TENANT. <br />Section 13. L Insolvency or Bankruptcy. Corporate Dissolution Loss of Tax Exempt <br />Status. <br />The occurrence of any of the following shall constitute a material breach of this Lease by <br />the Tenant ("Material Breach"): <br />(a) The appointment of a receiver or trustee to take possession of all or <br />substantially all of the assets of the Tenant; or <br />(b) A general assignment by the "Tenant for the benefit of creditors; or <br />(c) Any action or proceeding commenced by or against the Tenant under any <br />insolvency or bankruptcy act, or under any other statute or regulation having as its purpose the <br />protection of creditors and not discharged within ninety (90) days after the date of <br />commencement; shall constitute a breach of this Lease by the Tenant. Upon the happening of <br />any such event, this Lease shall, at the County and City's option terminate ten (10) days after <br />written notice of termination from the County and City to the Tenant; or <br />(d) Dissolution of the Tenant's corporate status which continues for ninety <br />(90) days; or <br />(e) Loss of Internal Revenue Code Section 501 (c) (3) tax exempt status by <br />the Tenant which loss continues for ninety (90) days; or <br />(t) Discontinuation of the Tenant's presence on the Leased Premises for a <br />period exceeding 365 consecutive days, which period commences on or after July 1, 2008, <br />during which period an interpretive historical center opened to the public commemorating the <br />Lewis and Clark Expedition and/or George Rogers Clerk is not in operation. <br />• Section 13.2. Events of Default. Abandonment of the Leased Premises, a default of ten <br />(10) days in payment of rent, or breach of any of the covenants or conditions of this Lease <br />7 <br />