COM 1575.000 2006-2008 - Laserfiche WebLink

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the base rent, the additional rent, or for any other payments required hereunder. (e) Nonwaiver. The waiver by the County of any breach of any term, covenant or condition of this sublease shall not be deemed a waiver of such term, covenant or condition or of any subsequent breach of any term, covenantor condition. The subsequent acceptance of rent by the County shall not be deemed a waiver of any preceding breach by ARC of any term, covenant or condition of this sublease, other than the failure of ARC to pay the particular rent so accepted, regardless of the Count}~s knowledge of such preceding breach at the time of such acceptance. (f) Waiver of Jurv Trial and Venue. The parties each hereby waive trial by jury in any action, proceeding or counterclaim brought by either against the other on any matter whatsoever arising out of or in any way connected with this sublease or ARC's use or occupancy of the premises, including any claim of injury or damage, and any emergency and other statutory remedy with respect thereto. The parties also agree that the venue of any such action, proceeding , or counterclaim shall be in the South Hilo Division of the District or Circuit Court of the Third Circuit, as appropriate. I5. Damaee to or Destruction of Buildine. ARC shall, in the event of any damage or destniction affecting the premises, unless this sublease shall be terminated as provided in paragraph 14(b), promptly replace or fully repair all fiuniture, improvements, trade fixtures, equipment and other fixtures originally installed by ARC. The County shall have no interest in the proceeds of any inc~rrance carried by ARC on ARC's interest in this sublease, and ARC shall have no interest in the proceeds of any insurance carried by the County. 16. Condemnation (a) Automatic Tennination of Sublease. Except as may otherwise be required by any mortgage on the property, if the whole of the premises shall be taken by any public authority under the power of eminent domain, then the term of this sublease shall cease as of the day possession is taken by such public authority, and all rent shall be paid up to that date. If only a part of the premises shall be taken undei eminent domain, this sublease shall terminate as to the portion taken, and, unless this sublease shall be temvnated as hereinafter provided, it shall continue in full force and effect as to the remainder of the premises, and the base rent shall be reduced in the proportion the floor area taken bears to the total floor area subleased, and ARC at its own cost and expense, shall make all necessary,repairs and alterations to the premises required by such taking. (b) Option to Cancel. If the remainder of the premises cannot be made tenantable for the purposes for which ARC has been using the premises, ARC shall have the option, to be exercised within thirty days after the Sling of such eminent 22020014 -7-