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10 <br /> (a) If in the opinion of the Landlord the damage or destruction renders <br /> the Premises unfit for occupancy and impractical to repair or rebuild using <br /> reasonable diligence within one hundred twenty (120) clear days from the <br /> happening of such damage or destruction, then at Landlords option the <br /> Term of this Lease may be terminated and Tenant shall immediately <br /> surrender the remainder of the Term and give possession of the Premises <br /> to the Landlord. <br /> (b) If in the opinion of the Landlord the Premises can with reasonable <br /> diligence be repaired and rendered fit for occupancy within one hundred <br /> twenty (120) days from the happening of the damage or destruction, but <br /> the damage renders the Premises wholly unfit for occupancy, then <br /> Landlord shall have the option to make repairs or terminate the Term of <br /> this Lease and Tenant shall immediately surrender the remainder of the <br /> Term and give possession of the Premises to the Landlord. <br /> (c) If in the opinion of the Landlord the leased Premises can be repaired <br /> within one hundred twenty(120) days as aforesaid, but the damage is such <br /> that the leased Premises are capable of being partially used,then until such <br /> damage has been repaired, the Landlord shall have the option to allow the <br /> Tenant to continue in possession or terminate the Term of this Lease and <br /> Tenant shall immediately surrender the remainder of the Term and give <br /> possession of the Premises to the Landlord. <br /> (2) Any question as to the degree of damage or destruction or the period of time required to <br /> repair or rebuild shall be determined solely by the landlord or an architect or engineer <br /> retained by the landlord. <br /> (3) Apart from the provisions of Section 9 (1)there shall be no abatement from or reduction <br /> of the Rent payable by the Tenant, nor shall the Tenant be entitled to claim against the <br /> Landlord for any damages, general or special, caused by fire, water, sprinkler systems, <br /> partial or temporary failure or stoppage of services or utilities which the Landlord is <br /> obligated to provide according to this Lease, from any cause whatsoever. <br /> 10. ACTS OF DEFAULT AND LANDLORD'S REMEDIES <br /> (1) An Act of Default has occurred when: <br /> (a) the Tenant has failed to pay Rent regardless of whether demand for <br /> payment had been made or not; <br /> (b) the Tenant has breached his/her/its covenants or failed to perform any of <br /> his/her/its obligations under this Lease; and <br />