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LA515\1\1013142.v2 6 <br />(5) The City may initiate legal proceedings to enforce the provisions of this <br />Lease. <br /> <br />No remedy provided for herein or elsewhere in this Lease or otherwise available to the City <br />by law, statute, or equity, shall be exclusive of any other remedy, but all such remedies <br />shall be cumulative and may be exercised from time to time and as often as the occasion <br />may arise. <br /> <br />16. Loss and Damage. The Tenant assumes and bears the risk of all loss and damage to the <br />Leased Premises from any and every cause whatsoever, whether or not insured, except in <br />the case of gross negligence or intentional misconduct on the part of the City, its officials, <br />employees, agents, or contractors. No loss or damage to the Leased Premises or any part <br />thereof shall impair any obligation of the Tenant under this Lease and the Lease shall <br />continue in full force and effect unless the Tenant is unable to use the Leased Premises for <br />the purposes intended under this Lease. <br /> <br />17. Eminent Domain. If an eminent domain or condemnation proceeding is commenced with <br />respect to the Leased Premises during the term of this Lease, the following provisions shall <br />apply: <br /> <br />A. If a public or private body with the power of eminent domain or condemnation <br />(“Condemning Authority”) acquires all of the Leased Premises through the exercise <br />of its power of eminent domain or condemnation or as a result of a sale in lieu <br />thereof, this Lease shall cease and terminate as of the date the Condemning <br />Authority acquires possession. <br /> <br />B. If a Condemning Authority acquires only a part of the Leased Premises, and such <br />acquisition materially affects the Leased Premises so as to render the Leased <br />Premises unsuitable for the Tenant, in the absolute discretion of the Tenant, then <br />this Lease shall cease and terminate as of the date the Condemning Authority <br />acquires possession. <br /> <br />C. If a Condemning Authority acquires only a part of the Leased Premises and such <br />acquisition does not render the Leased Premises unsuitable for the Tenant in the <br />absolute discretion of the Tenant, this Lease shall continue in full force and effect. <br /> <br />D. The City shall be entitled to the award paid in any condemnation acquisition under <br />power of eminent domain or the proceeds of a sale in lieu thereof, and the Tenant <br />shall not receive any portion of such award. <br /> <br />E. Although all damages in the event of any condemnation shall belong to the City <br />whether such damages are awarded as compensation for diminution in value of the <br />leasehold or to the fee of the Leased Premises, the Tenant shall have the right to <br />claim and recover from the Condemning Authority, but not from the City, such <br />compensation as may be separately awarded or recoverable by the Tenant, in the