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or proceeding nor the entering of judgment therein, shall bar the County from bringing a subsequent suit or proceeding for 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 lease shall not be deemed a waiver of such term, covenant or condition or of any subsequent breach of any term, covenant or condition. The subsequent acceptance of rent by the County shall not be deemed a waiver of any preceding breach by HCI of any term, covenant or condition ofthis lease, other than the failure ofHCI to pay the particular rent so accepted, regardless ofthe County's knowledge of such preceding breach at the time of such acceptance. (t) Waiver of Jury 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 lease or HCI'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. 15. Damage to or Destruction of Building. HCI shall, in the event of any damage or destruction affecting the Premises, unless this lease shall be terminated as provided in paragraph 14(b), promptly replace or fully repair all furniture, improvements, trade fixtures, equipment and other fixtures originally installed by HCI. The County shall have no interest in the proceeds of any insurance carried by HCI on HCI's interest in this lease, and HCI shall have no interest in the proceeds of any insurance carried by the County. 16. Condemnation. (a) Automatic Termination of Lease. 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 lease shall cease as ofthe 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 under eminent domain, this lease shall terminate as to the portion taken, and, unless this lease shall be tenninated 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 leased, and HCI 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 HCI has been using the Premises, HCI shall have the option, to be exercised within thirty days after the filing of such eminent domain action, of canceling this lease effective as of the date the condemning authority shall tal(e possession; provided, however, that if more than fifty percent of the floor area of the Premises shall be taken under power of eminent domain, either party, by written -7-