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PART OF LESSEE WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF <br /> LESSEE. <br /> C. Limitation of Liability. The foregoing and any other indemnity herein shall not be <br /> interpreted as requiring either Party to indemnify any of the Indemnified Parties from any <br /> liability arising solely out of willful misconduct, gross negligence,breach of this Lease or <br /> breach of any strict liability obligations by such Indemnified Parties. <br /> d. Waiver of Consequential Damages. EACH PARTY HEREBY WAIVES ANY AND ALL <br /> RIGHTS TO RECOVER ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, <br /> EXEMPLARY OR PUNITIVE DAMAGES FROM THE OTHER PARTY,INCLUDING <br /> CLAIMS OF PERSONS AND ENTITIES CLAIMING BY OR THROUGH ANY OF <br /> THEM AND OTHER SIMILAR CLAIMS OR DAMAGES. <br /> e. Claims Against Lessee. If any claim, demand, suit or other action is made or brought by <br /> any person or entity against Lessee arising out of or concerning this Lease, Lessee shall <br /> give written notice thereof, to Lessor and Airport Management within ten (10) days after <br /> receipt of such claim, demand, suit or action. <br /> f. Notice. Lessee shall promptly(and in all events within three Business Days)notify Lessor <br /> and Airport if it is involved in any material or significant accident on the Leased Premises <br /> or Airport. To the extent Lessee's officers are aware of any material or significant defects <br /> in Airport runways,taxiways,landing areas,lighting systems or other facilities which may <br /> require immediate attention,Lessee shall promptly notify Airport Management of the same <br /> (Lessor acknowledging that inspection and reporting is not Lessee's obligation, and that <br /> such notice is provided as a courtesy to Lessor). <br /> g. Security. Lessor does not guarantee police protection or security to Lessee or its property <br /> and, (i)Lessor and Airport Management shall not be responsible for injury to any person <br /> on the Leased Premises or for harm to any property which belongs to Lessee or those <br /> claiming by or through Lessee, or which may be stolen, destroyed or damaged directly <br /> attributable to a third party not subject to Lessor's control; and (ii) LESSEE SHALL <br /> DEFEND, INDEMNIFY AND HOLD HARMLESS LESSOR AND AIRPORT <br /> MANAGEMENT AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS <br /> AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL SUCH CLAIMS. <br /> ARTICLE 12: CONDEMNATION <br /> 12.01 Total: If the whole of the Leased Premises is taken by eminent domain, then this Lease shall <br /> terminate as of the date the title vests in the condemning authority. <br /> 12.02 Partial: If a portion of the Leased Premises is taken by eminent domain, and the partial taking <br /> renders the Hangar unsuitable for the business of Lessee, then this Lease shall terminate. If the <br /> partial taking is not extensive enough to render the Hangar unsuitable for the business of Lessee, <br /> then this Lease shall continue in effect with respect to the remainder of the Leased Premises,except <br /> that the fixed annual rental shall be reduced and adjusted in an appropriate manner. <br /> 12.03 Rent. If this Lease is terminated as provided in this section,rent shall be paid up to the earlier of: <br /> (a) the date that title vests in the condemning authority, or (b)the date Lessee is unable to utilize <br /> the Leased Premises as contemplated by this Lease, and Lessor shall make an equitable refund of <br /> any rent paid by Lessee in advance. <br /> -12- <br />