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11.02
<br />Casualty Coverage: Lessee shall procure and maintain at all times during the Term and any
<br />renewal thereof, in full force and effect, a policy or policies of fire and extended coverage for all
<br />contents, goods, stock and any personal property which is or may be situated upon the Leased
<br />Premises, to the extent the same are insurable by Lessee. Such insurance shall be written so that
<br />Lessor must be notified in writing at least thirty (30) days in advance of cancellation or non-
<br />renewal, and Lessee shall not amend such insurance in any manner which fails to comply with
<br />this section and the Minimum Standards. To the extent not already in Lessor’s possession, Lessee
<br />shall provide certificates of insurance which satisfy the foregoing within three (3) Business Days
<br />of the Effective Date and, thereafter, at least once per calendar year during the Term. All required
<br />insurance shall be primary over any other insurance coverage Lessor may have, and shall name
<br />the City and Airport Management as additional insureds (as applicable, to the extent of their
<br />interests therein).
<br />11.03
<br />Indemnity and Hold Harmless.
<br />a.Indemnity. LESSEE SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS
<br />LESSOR AND ITS OFFICERS, EMPLOYEES, AGENTS (INCLUSIVE OF AIRPORT
<br />MANAGEMENT) AND REPRESENTATIVES (COLLECTIVELY, THE
<br />“INDEMNIFIED PARTIES”), FROM AND AGAINST ALL COSTS, EXPENSES
<br />(INCLUDING REASONABLE ATTORNEYS’ FEES, EXPENSES AND COURT
<br />COSTS), LIABILITIES, DAMAGES (EXCLUSIVE OF CONSEQUENTIAL,
<br />INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES), CLAIMS,
<br />SUITS, ACTIONS AND CAUSES OF ACTIONS. (“CLAIMS”), TO THE EXTENT
<br />ARISING DIRECTLY OR INDIRECTLY, OUT OF (i) ANY BREACH OF THIS
<br />LEASE BY LESSEE AND ITS AGENTS, CONTRACTORS, EMPLOYEES,
<br />LICENSEES AND INVITEES, (COLLECTIVELY THE “LESSEE PARTIES”), (ii)
<br />ANY FALSE REPRESENTATION OR WARRANTY MADE BY LESSEE HEREIN,
<br />AND (iii) ANY NEGLIGENT ACT OR OMISSION, GROSS NEGLIGENCE OR
<br />WILLFUL MISCONDUCT OF THE LESSEE PARTIES IN CONNECTION WITH
<br />THIS LEASE, THE CONSTRUCTION, DEVELOPMENT, OPERATION AND USE
<br />OF THE LEASED PREMISES AND USE OF AIRPORT IMPROVEMENTS. LESSEE
<br />IS NOT EXCUSED OR RELIEVED OF ITS OBLIGATIONS UNDER THIS SECTION
<br />IF A CLAIM ARISES OUT OF, OR IS CAUSED BY, THE NEGLIGENCE OR
<br />WILLFUL MISCONDUCT OF THE LESSEE PARTIES CONCURRENT WITH THAT
<br />OF THE INDEMNIFIED PARTIES. LESSEE SHALL ASSUME ON BEHALF OF THE
<br />INDEMNIFIED PARTIES AND CONDUCT WITH DUE DILIGENCE AND IN GOOD
<br />FAITH THE DEFENSE OF ALL CLAIMS AGAINST ANY OF THE INDEMNIFIED
<br />PARTIES. LESSEE MAYCONTEST THE VALIDITY OF ANY CLAIMS, IN THE
<br />NAME OF THE INDEMNIFIED PARTIES OR LESSEE, AS LESSEE MAY IN GOOD
<br />FAITH DEEM APPROPRIATE, PROVIDED THE EXPENSES THEREOF SHALL BE
<br />PAID BY LESSEE. IN NO EVENT MAY LESSEE ADMIT LIABILITY ON THE
<br />PART OF LESSOR OR AIRPORT MANAGEMENT WITHOUT THE EXPRESS
<br />PRIOR WRITTEN CONSENT OF LESSOR’S CITY ATTORNEY.
<br />b.Limitation of Liability. The foregoing and any other indemnity of Lessee herein shall not
<br />be interpreted as requiring Lessee to indemnify any of the Indemnified Partiesfrom any
<br />liability arising solely out of willful misconduct, gross negligence, breach of this Lease or
<br />breach of any strict liability obligations.
<br />c.Waiver of Consequential Damages. EACH PARTY HEREBY WAIVES ANY AND
<br />ALL RIGHTS TO RECOVER ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL,
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