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<br />I <br /> <br />I <br /> <br />I <br /> <br />.,' <br /> <br />E. Lessor shall not be responsible or liable for any <br />defect, latent or otherwise, in any building in the <br />airport area or of any of the equipment, machinery, <br />utilities, appliances, or apparatus therein or there- <br />upon, nor shall it be responsible or liable for any <br />injury, loss or damage to any person or to any property <br />of Lessee or any other person caused by or resulting <br />from any bursting, breakage or by or from leadage, steam <br />or snow or ice, running, backing up, seepage or the <br />overflow of water or sewage in any part of said premises, <br />or from any injury or damage caused by or resulting from <br />any defects or negligence in the occupancy, construction, <br />operation, use of any of said buildings, equipment, machinery, <br />utilities, appliances or apparatus by any person or by <br />or from the acts or negligence of any occupant of the <br />premises. <br /> <br />F. Lessee shall give prompt notice to Lessor in case of fire <br />or accident in the demised premises or of defects in the <br />runways, taxi-ways, lighting systems or other airport <br />operations of which Lessee may be aware. <br /> <br />G. In case Lessor shall, without fault on his part, be made <br />a party to any litigation commenced by or against Lessee, <br />then Lessee shall protect and hold Lessor harmless and <br />shall pay all cost, expenses and reasonable attorney's fees. <br /> <br />13. Condemnation. <br /> <br />A. Total: If the whole of the demised premises shall be <br />acquired or taken by eminent domain for any public or quasi- <br />public use or purpose, then this lease and the term herein <br />shall cease and terminate as of the date of title vesting <br />in such proceeding. <br /> <br />B. Partial: If any part of the demised premises or all or <br />part of the San Marcos Municipal Airport shall be taken <br />as aforesaid, and such partial taking shall render that <br />portion of the demised premises not so taken unsuitable <br />for the business of Lessee, then this lease and the term <br />herein shall cease and terminate as aforesaid. If such <br />partial taking is not extensive enough to render the premises <br />unsuitable for the business of Lessee, then this lease <br />shall continue in effect except that the minimum rental <br />shall be reduced and adjusted in an appropriate manner. <br /> <br />C. If this lease is terminated as provided in this paragraph, <br />rent shall be paid up to the date that possession is so <br />taken by public authority, and Lessor shall make an equitable <br />refund of any rent paid by Lessee in advance. <br /> <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 <br />the leasehold or to the fee although, Lessee shall have the <br />right, to the extent that the same shall not reduce Lessor's <br />award, to claim from the condemnor, but not from Lessor, such <br />compensation as may be recoverable by Lessee in its own <br />right for damage to Lessee's business and fixtures. <br /> <br />14. Default. <br /> <br />If Lessee fails to pay any rental or other payment due hereunder <br />or upon its failure to perform any other of the terms of this <br />lease to be observed or performed by Lessee on its part to be <br />observed or performed, or if Lessee shall become a bankrupt, <br />or insolvent, or file any debt or proceedings, or take or have <br />