Laserfiche WebLink
LA515\1\1061613.v2 6 <br />a writ of restitution in such proceeding, upon the City’s reentry upon and <br />repossession of the Leased Premises, the City may remove the Tenant and <br />all other persons from the Leased Premises (subject to the Tenant’s right <br />and responsibility to remove the Tenant’s personal property pursuant to <br />paragraph 12 of this Lease). In the event the City reenters the Leased <br />Premises pursuant to this paragraph and the Tenant fails to remove the <br />Tenant’s personal property within the time period provided in paragraph 12, <br />all items of personal property not removed by the Tenant within said period <br />shall be deemed abandoned, and title thereto shall transfer to the City at the <br />expiration of such period or, upon the Tenant’s vacation of the Leased <br />Premises. These items may be disposed of by the City. The Tenant shall <br />be responsible for any disposal costs. <br /> <br />(4) In addition to all other remedies of the City, the City shall be entitled to <br />reimbursement upon demand of all reasonable attorneys’ fees which it <br />incurs in connection with any Event of Default. <br /> <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