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22. DAMAGE AND DESTRUCTION. If the Premises or the Building in which the Premises are located are damaged by fire, earthquake, act of God, the elements or other casualty • Landlord shall promptly repair such damages, subject to the provisions of this Section 22, if, in Landlord's judgment, such repairs can be made within One Hundred and Eighty (180) Days under the laws and regulations of the state, federal, county and municipal authorities having jurisdiction. During the making of such repairs by Landlord, this Lease shall remain in full force and effect, except that if the damage is not the result of any act, neglect, default or omission of Tenant, its agents, employees or invitees, Tenant shall be entitled to a reduction of rent while such repair is being made in the proportion that the net rentable area of the Premises rendered untenantable by such damage bears to the total net rentable area of the Premises. If such repairs cannot be made within One Hundred and Eighty (180) Days, Landlord shall have the option to either (a) repair such damage, this Lease continuing in full force and effect but with the rent proportionately reduced upon the conditions and as hereinabove in this Section 22, provided, or (b) give notice to Tenant at any time within thirty (30) days after the occurrence of such damage terminating this Lease as of a date specified in such notice which date shall not be less than thirty (30) days nor more than sixty (60) days after the giving of such notice. If Landlord elects to terminate this Lease by giving such notice of termination to Tenant, this Lease and all interest of Tenant in the Premises shall terminate on the date specified in such notice, and the rent, proportionately reduced as hereinabove in this Section 22 provided, shall be paid up to the date of such termination, Landlord hereby agreeing to refund to Tenant any rent, theretofore paid for any period of time subsequent to such date. If Landlord elects or is required to repair the Premises or the Building in which the Premises are located under this Section 22, Landlord shall repair at its cost any injury or damage to the Building, and Tenant shall be responsible for and shall repair at its sole cost all fixtures, equipment, furniture or any other property of Tenant in the Premises. Landlord shall in no event be required to repair any • injury or damage or to make any repairs or replacements of any improvements installed in the Premises by Tenant at Tenant's sole cost and expense. Tenant hereby waives the provisions of any state or local law, to the extent said provisions may be waived, which are in conflict with this Section 22. Tenant shall not be entitled to any compensation or damages from Landlord for damage to any of Tenant's fixtures, personal property or equipment, for loss of use of the Premises or any part thereof, for any damage to Tenant's business or profits or for any disturbance to Tenant caused by any casualty or the restoration of the Premises following such casualty. A total destruction of the Building shall automatically terminate this Lease. 23. DEFAULT. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant. (a) The vacating or abandonment of the Premises by Tenant or the failure to maintain the Premises as an office for the Jefferson Area Drug Enforcement Task Force with approximately the same presence for which the Premises were originally designed. (b) The failure of Tenant to make any payment of rent or any other sum or payment required to be made by Tenant hereunder as and when due. (c) The failure by Tenant to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by Tenant, other than described in Section 23(b) above, where such failure shall continue for a period of fifteen (15) days after written notice • CAMyFiles\Council\Nov 4VADE leace.doc 10/22/2002 2:40 PM 10