Laserfiche WebLink
by any person (including, without limitation, Lessor, Lessee, or any employee ofLessor^ or Lessee) <br />(i) for personal injury or property damage caused to any person while on or about the Premises, <br />or (ii) arising from or related to any use of the Premises by Lessee or any invitee or licensee of <br />Lessee, any act or omission of Lessee, its officers, agents, employees, licensees or invitees or any <br />breach of this Lease by Lessee. <br />B. The foregoing release and indemni0i shall apply regardless of any negligence, <br />misconduct or strict liabilio� of any Indemnified Party, except that the indemnity, only, shall not <br />apply to any Loss determined by final order of a court of competent jurisdiction to have been <br />caused by the sole active direct negligence of any Indemnified Party. <br />C Where applicable to the Loss, the liability provisions of any contract between <br />Lessor and Lessee covering the carriage of shipments or trackage serving the Premises shall <br />govern the Loss and shall supersede the provisions of this Section 17. <br />D. No provision of this Lease with respect to insurance shall limit the extent of the <br />release and indemnityprovisions of this Section 17. <br />SECTION 18. TERMINATION. <br />A. Lessor may terminate this Lease for Lessee's default by giving Lessee notice of <br />termination, if Lessee (i) defaults under any obligation of Lessee under this Lease and, after written <br />notice is given by Lessor to Lessee specifying the default, Lessee fails either to immediately <br />commence to cure the default, or to complete the cure expeditiously but in all events within thirty <br />(30) days after the default notice is given, or (ii) Lessee abandons the Premises for a period of one <br />hundred twenty (120) consecutive days, <br />B. Lessee acknowledge, that Lessor's possible future needs for the Premises in <br />connection with Lessor's utility, transportation, mobility or other public operations are paramount. <br />Accordingly, if at any -time Lessor, in its sole and absolute discretion, determines that the Premises <br />or any portion thereof are necessary or desirable for use in connection with Lessor's operations, <br />or that Lessee's use of the Premises should be terminated due to safety considerations associated <br />with Lessor's operations, Lessor may terminate this Lease upon thirty (30) days' notice to Lessee <br />or, in emergency situations, upon such shorter notice as is reasonable in.the circumstances. <br />C. After payment of the advance fixed rent to Lessor, Lessee may terminate this Lease <br />without cause upon thirty (3 0) days' notice to Lessor. <br />SECTION 19. LESSOR'S REMEDIES. <br />Lessor's remedies for Lessee's default are to (a) enter and take possession of the Premises, <br />without terminating this Lease, and relet the Premises on behalf of Lessee, collect and receive the <br />rent from reletting, and charge Lessee for the cost of reletting, and/or (b) terminate this Lease as <br />provided in Section 18 above and sue Lessee for damages, and/or (c) exercise such other remedies <br />as Lessor may have at law or in equity. Lessor may enter and take possession of the Premises by <br />self-help, by changing lochs, if necessary, and may lock out Lessee, all without being liable for <br />0 <br />