|
<br />I
<br />
<br />I I
<br />
<br />~
<br />I
<br />
<br />'.
<br />
<br />.
<br />
<br />. I
<br />
<br />.
<br />
<br />\}3. Indemnity.
<br />
<br />A. Lessee shall indemnify Lessor and save it harmless from suits,
<br />actions, damages, liability and expense in connection with the
<br />loss of life, bodily or personal injury or property damage
<br />arising from or out of any occurrence in or upon the demised
<br />premises or from the occupancy or the use by Lessee of said
<br />premises or any part thereof, or occasioned wholly or in part
<br />by any act or omission of Lessee, its agents, contractors,
<br />employees, servants, invitees, licensees or concessionaires,
<br />in their use of the demised premises, the runways and taxi-
<br />ways and any other area within the San Marcos Municipal Airport,
<br />and,
<br />
<br />B. Lessee shall store its property in, and shall occupy the
<br />demised premises and all other portions of the San Marcos Muni-
<br />cipal Airport at its own risk, and releases Lessor, to the full
<br />extent permitted by law, from all claims of every kind resulting
<br />in loss of life, personal or bodily injury or property damage;
<br />and,
<br />
<br />c. Lessor shall not be responsible or liable at any time for any
<br />loss or damage of Lessee's merchandise, equipment, fixtures,
<br />machinery, airplanes, or airplane parts or any other personal
<br />property of Lessee or to Lessee's business on or upon the
<br />demised premises; and
<br />
<br />D. Lessor shall not be responsible or liable to Lessee or to those
<br />claiming by, through, or under Lessee for any loss or damage to
<br />either the person or property of Lessee that may be occasioned
<br />by or through the acts or omissions of persons occupying adja-
<br />cent, connecting, or adjoining premises; and
<br />
<br />E. Lessor shall not be responsible or liable for any defect, latent
<br />or otherwise, in any building in the airport area or of any of
<br />the equipment, machinery, utilities, appliances, or apparatus
<br />therein or thereupon, nor shall it be responsible or liable
<br />for any injury, loss or damage to any person or to any property
<br />of Lessee or any other person caused by or resulting from any
<br />bursting, breakage or by or from leadage, steam or snow or
<br />ice, running, backing up, seapage or the overflow of water or
<br />sewage in any part of said premises, or from any injury of
<br />damage caused by or resulting from any defects or negligence
<br />in the occupancy, construction, operation, use of any of said
<br />buildings, equipment, mandrinery, utilities, appliances or appar-
<br />atus by any person or by or from the acts or negligence of any
<br />occupant of the premises.
<br />
<br />F. Lessee shall give prompt notice to Lessor in case of fire or
<br />accident in the demised premises or of defects in the runways,
<br />taxi-ways, lighting systems or other airport operations of
<br />which Lessee may be aware.
<br />
<br />G. In case Lessor shall, without fault on his part, be made a
<br />party to any litigation commenced by or against Lessee, then
<br />Lessee shall protect and hold Lessor harmless and shall pay
<br />all cost, expenses and reasonable attorneys' fees.
<br />
<br />Condemnation.
<br />
<br />A. Total: If the whole of the demised premises shall be acquired
<br />or taken by eminent domain for any public or quasi-public use
<br />or purpose, then this lease and the term herein shall cease
<br />and terminate as of the date of title vesting in such proceeding.
<br />
<br />B. Partial: If any part of the demised premises or all or part
<br />of the San Marcos Municipal, Airport shall be taken as aforesaid,
<br />
<br />-5-
<br />
|