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<br />Section 8.04. Offset. The City may deduct from any Grant Payments, as an offset, <br />any delinquent and unpaid fees, sums of money or other fees, charges or taxes assessed and <br />owed to or for the benefit of the City by Company or Tenant. <br /> Section 8.05. Force Majeure. An event of force majeure means an event beyond <br />the reasonable control of a Party obligated to perform an act or take some action under this <br />Agreement including, but not limited to, acts of God, earthquake, fire, explosion, war, civil <br />insurrection, acts of the public enemy, act of civil or military authority, sabotage, terrorism, <br />floods, lightning, hurricanes, tornadoes, severe snow storms or utility disruption, strikes, <br />lockouts, pandemic, major equipment failure or the failure of any major supplier to perform <br />its obligations. If a force majeure event occurs and such event prevents a Party from <br />fulfilling its obligations hereunder, the applicable time period for performing such <br />obligations shall be extended by the period of delay resulting from the force majeure. <br />Section 8.06. Indemnification. The City shall not be obligated to pay any <br />indebtedness or obligations of Company. Company hereby agrees to indemnify and <br />against (i) any indebtedness or obligations of Company; (ii) any other loss, claim, <br />demand, lawsuit, liability or damages arising from the negligence or intentional <br />misconduct of Company in the performance of its obligations under this Agreement, <br />or (iii) breach of any representation, warranty, covenant or agreement of Company <br />contained in this Agreement, without regard to any notice or cure provisions. <br />reasonable attorneys' fees, costs and expenses with respect thereto. <br /> <br /> <br /> <br /> <br />