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11. Insurance.
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<br />Lessee shall maintain at its own cost and expense public liability insurance
<br />on an occurrence basis with minimum limits of liability in an amount of
<br />$100,000 for bodily injury, personal injury or death to any one person; up
<br />to $300,000 for each occurrence, and $100,000 for damage to property; and such
<br />insurance policy shall contain the endorsement that such insurance may not be
<br />cancelled or amended with respect to Lessee without (10) days written notice
<br />by registered mail to Lessor by the insurance company; and that Lessor shall not
<br />be required to pay any premiums for ~nsurance. Any insurance policy herein
<br />required or procured by Lessee shall contain an express waiver of any rights of
<br />subrogation by the insurance company against the Lessor. The original policy o~
<br />all such insurance shall be delivered by Lessee to Lessor within ten (10) days
<br />of the inception of such policy by the insurance company. The minimum limits of
<br />any insurance coverage required herein shall not limit Lessee's liability under
<br />the following paragraph.
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<br />12. Indemnity.
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<br />Lessee shall indemnify Lessor and sav~ it harmless from suits, actions,
<br />damages, liability and expense in connection with the loss of life, bodily
<br />or personal injury or property damage arising from or out of any occurrence
<br />in or upon the demised premises or from the occupancy or the use by Lessee
<br />of said premises or any part thereof, or occasioned wholly or in part by any
<br />act or omission of Lessee, its agents, contractors, employees, servants,
<br />invitees, licensees or concessionairs, in their use of the demised premises,
<br />the runways and taxi-ways and any other area within the San Marcos Municipal
<br />Airport; and
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<br />Be
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<br />Lessee shall store its property in, and shall occupy the demised premises and
<br />all other portions of the San Marcos Municipal Airport at its own risk, and
<br />releases Lessor, to the full extent permitted by law, from all claims of every
<br />kind resulting in loss of life, personal or bodily injury or property damage;
<br />and
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<br />Lessor shall not be responsible or liable at any time for any loss or damage
<br />of Lessee's fixtures, machinery, airplane or other personal property of Lessee;
<br />and,
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<br />Lessor shall not be responsible or liable to Lessee or to those claiming by,
<br />through, or under Lessee for any loss or damage to either the person or
<br />property of Lessee that may be occasioned by or through the acts or omissions
<br />of persons occupying adjacent, connecting, or adjoining premises; and
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<br />Lessor shall not be responsible or liable for any defect, latent or otherwise,
<br />in any building in the airport area or of any of the equipment, machinery,
<br />utilities, appliances, or apparatus therein or thereupon, nor shall it be
<br />responsible or liable for any injury, loss or damage to any person or to any
<br />p=operty of Lessee or any other person caused by or resulting from any
<br />bursting, breakage or by or from leadage, steam or snow or ice, running, backing
<br />up, seepage or the overflow of water or sewage in any part of said premises,
<br />or from any injury or damage caused by or resulting from any defects or
<br />negligence in the occupancy, construction, operation, use of any of said
<br />buildings, equipment, machinery, utilities, appliances or apparatus by any
<br />person or by or from the acts or negligence of any occupant of the premises.
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<br />Lessee shall give prompt notice to Lessor in case of fire or accident in the
<br />demised premises or of defects in the runways, taxi-ways, lighting systems or
<br />other airport operations of which Lessee may be aware.
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<br />In,~case Lessor shall, without fault on his part, be made a party to any
<br />litigation commenced by or against Lessee, then Lessee shall protect and hold
<br />Lessor harmless and shall pay all cost, expenses and reasonable attorney's fees.
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<br />13. Condemnation.
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<br />Total: If the who.le of the demised premises shall be acquired or taken by
<br />eminent domain for any public or quasi-public use or purpose, then this
<br />lease and the term herein shall cease and terminate as of the date of title
<br />vesting in such proceeding.
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