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<br /> -7- <br /> apparatus therein or thereupon, nor shall it be responsible or <br /> liable for any injury , loss or damage to any person or to any <br /> property of Lessee or any other person caused by or resulting <br /> from any bursting, breakage or by or from leadage, steam or <br /> snow or ice, running, backing up, seepage or the overflow of <br /> water or sewage in any part of said premises, or from any <br /> injury or damage caused by or resulting from any defects or <br /> negligence in the occupancy, construction, operation, use of <br /> any of said buildings, equipment, machinery, utilities, <br /> appliances or apparatus by any person or by or from the acts or <br /> negligence of any occupant of the premises. <br /> F. Lessee shall give prompt notice to Lessor in case of fire or <br /> accident in the demised premises or of defects in the runways, <br /> taxi-ways, 1 ighting systems or other airport operations of <br /> which Lessee may be aware. <br /> G. In case Lessor shall, without fault on his part, be made a <br /> party to any litigation commenced by or against Lessee, then <br /> Lessee shall protect and hold Lessor harmless and shall pay all <br /> costs, expenses and reasonable attorney's fee s. <br /> 3. Condemnation. <br /> A. Total: If the whole of the demised premises shall be acquired <br /> or taken by eminent domain for any public or quasi-public use <br /> or purpose, then this lease and the term herein shall cease and <br /> terminate as of the date of title vesting in such proceeding. <br /> B. Partial: If any part of the demised premises or all or part of <br /> the San Marcos Municipal Airport shall be taken as aforesaid, <br /> and such partial taking shall render that portion of the <br /> demised premlses not so taken unsuitable for the business of <br /> Lessee, then this lease and the term herein shall cease and <br /> terminate as aforesaid. If such partial taking is not <br /> extensive enough to render the premises unsuitable for the <br /> business of Lessee, then this lease shall continue in effect <br /> except that the minimum rental shall be reduced and adjusted in <br /> an appropriate manner. <br /> C. I f this lease is terminated as provided in this paragraph, rent <br /> shall be paid up to the date that possession is so taken by <br /> public authority, and Lessor shall make an equitable refund of <br /> any rent paid by Lessee in advance. Lessee shall be entitled to <br /> receive from Lessor the depreciated value of the permanent <br /> improvements ex is ting on the leasehold at the time of <br /> condemnation. Said depreciated value shall be the total of one <br /> twentieth (1/20) of the cost of the said improvements for each <br /> year remaining in the primary twenty (20) year term from the <br /> time of condemnation. <br /> D. Award: Lessee shall not be entitled to and expressly waives <br /> all claim to any condemnation award for any taking, whether <br /> whole or partial, and whether for diminution in value of the <br /> leasehold or to the fee although Lessee shall have the <br /> right, to the extent that the same shall not reduce Lessor I s <br />