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payment of damages and Tenant adequately remedies the breach within 21 days or such longer <br />period of time as Landlord may allow, the Lease shall not terminate. On the other hand, if the <br />breach is not remedial, Landlord's written notice to Tenant may state the acts and omissions <br />constituting the breach and state that the lease will terminate upon a specific date, which date <br />may not be less than 30 days after Tenant receives the notice. <br />23. BREACH BY LANDLORD. If Landlord (a) commits a material breach of this Lease, or (b) <br />fails to a substantial extent to comply with any laws with which Landlord must comply and <br />which materially affect Tenant's health and safety, Tenant may give written notice to Landlord <br />identifying the acts and conditions on the Premises concerning Landlord's breach and stating that <br />this lease will terminate upon a specific date (which must be 30 days or more from the date <br />Landlord receives the notice) unless Landlord remedies the breach within 21 days. If Landlord <br />remedies the breach within that 21 day period, this Lease will not be subject to termination by <br />Tenant in that instance. Tenant will not have the right to terminate this Lease because of <br />conditions caused by the intentional or negligent acts of Tenant or persons on the Premises with <br />Tenant's consent. <br />24. RENT WITHHOLDING. Tenant may not withhold rent because of conditions on the <br />Premises which Landlord is required to repair unless Tenant has given Landlord written notice of <br />the condition and landlord has failed to successfully repair the condition within a reasonable <br />period of time. If Tenant withholds rent because Landlord has breached the Lease, Tenant must <br />immediately give Landlord a second written notice of the breach and of any conditions of the <br />Premises which Landlord is required to remedy or repair and must state that rent is being <br />withheld for such reasons. If Landlord then sues Tenant for possession of the Premises or for <br />withheld rent, Tenant must promptly pay the rent to the court, which will hold the rent until it <br />decides what portion, if any, should be paid to Landlord. If conditions exist which Landlord is <br />required to remedy and which creates a fire hazard or serious threat to the health or safety of <br />• Tenant, Tenant may file an action in a court of competent jurisdiction to terminate the Lease, to <br />require Landlord to repair the Premises, or to obtain other relief. In such an action, Tenant may <br />pay rent to the court to be held until Tenant's action is decided. If Tenant withholds rent or pays <br />rent into court under this section and the court finds (a) that Tenant has acted in bad faith, (b) that <br />Tenant, Tenant's family or guests have caused the conditions or have refused unreasonably to <br />allow Landlord or Landlord's written notice of the condition, Tenant will be liable for Landlord's <br />reasonable costs, including costs for time spent court costs, any repair costs due to Tenant's <br />violation of the Lease, and attorneys fees. <br />25. NOTICES. All notices in writing required or permitted by this Lease may be delivered in <br />person, or sent by mail (postage prepaid) to Landlord to the attention of the Director of Finance, <br />City of Charlottesville, P. O. Box 911, Charlottesville, Virginia 22902, and to Tenant at such <br />party's address as set forth above or at such other address as a party may designate from time to <br />time. <br />26. HEADINGS. The headings of the sections of this Lease are inserted for convenience only <br />and do not alter or amend the provisions that follow such headings. <br />27. GOVERNING LAW. This Lease is entered into and shall be construed under the laws of <br />the State of Virginia. <br />28. SEVERABILITY. Any provision of this Lease which is prohibited by, or unlawful or <br />unenforceable under, Virginia law shall be ineffective only to the extent of such prohibition <br />without invalidating the remaining provisions of this Lease. <br />. Page 6 of 7 <br />