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• 14. Damage or Destruction. <br /> If Apache Wells is damaged by Casualty, the damage (excluding damage to <br /> improvements paid for by Tenant or trade fixtures, equipment or personal <br /> property of Tenant) will be repaired by the City at its expense to a condition as <br /> near as reasonably possible to the condition prior to the Casualty, or the City may <br /> terminate this Lease as of the date of the Casualty by giving written notice to <br /> Tenant. If this Lease is terminated because of the Casualty, rents and other <br /> payments will be prorated as of the termination and will be proportionately <br /> refunded to Tenant or paid to the City, as the case may be. During any period in <br /> which the Leased Space or any portion of the Leased Space is made untenantable <br /> as a result of the Casualty, the Monthly Rent will be abated for the period of time <br /> untenantable. <br /> 15. Eminent Domain. <br /> If there is a Taking of any of the Leased Space, either party may terminate this <br /> Lease as of the date the public authority takes possession, by written notice to the <br /> other party, in which case any rents and other payments will be prorated as of the <br /> termination. All damages, awards and payments for the Taking will belong to the <br /> City irrespective of the basis upon which they were made or awarded, except that <br /> Tenant will be entitled to any amounts separately paid for Tenant's trade fixtures <br /> • or equipment or as a relocation payment or allowance. <br /> 16. Defaults. <br /> If (a) Tenant defaults in the payment of rent or other amounts under this Lease <br /> and the default continues for 10 days after written notice by the City to Tenant, <br /> (b) Tenant defaults in any other obligation under this Lease and the default <br /> continues for 30 days after written notice by the City to Tenant, (c) Tenant's <br /> license for lawful gambling expires or is terminated or revoked, (d) any proceeding <br /> is begun by or against Tenant to subject the assets of Tenant to any bankruptcy or <br /> insolvency law or for any appointment of a receiver of Tenant or for any of <br /> Tenant's assets, or (e) Tenant makes a general assignment of Tenant's assets for <br /> the benefit of creditors, then the City may, with or without terminating this Lease, <br /> cure the default and charge Tenant all costs and expenses of doing so, and the <br /> City also may re-enter the Leased Space, remove all persons and property, and <br /> regain possession of the Leased Space, without waiver or loss of any of the City's <br /> rights under this Lease, including the City's right to payment of Monthly rent. <br /> The City also may terminate this Lease as to all future rights of Tenant. <br /> • 4 <br />