Res 2005-046 - Laserfiche WebLink

Home Browse Search

resulting from the sole negligence or other actionable conduct of the Lessor, its officers, agents or employees, or from the acts or omissions of third parties. c. The Lessee shall give prompt notice to the Lessor of any accident on the Leased Premises, and of defects in the runways, taxi-ways, lighting systems or other facilities at the Airport of which the Lessee is aware. D. In case the Lessor is made a party to any litigation commenced by or against the Lessee that is covered by this paragraph, then the Lessee shall hold the Lessor harmless from and pay all costs and expenses of the Lessor related to the litigatio~ including the fees of attorneys and expert witnesses. Article 8. Condemnation 8.01. Total: If the whole of the Leased Premises is taken by eminent domain, then this Lease shall terminate as of the date the title vests in the proceeding. 8.02 Partial: If a portion of the Leased Premises is taken by eminent domain, and the partial taking renders the remaining portion unsuitable for the business of the Lessee, then this Lease shall terminate. If the partial taking is not extensive enough to render the premises unsuitable for the business of the Lessee, then this Lease shall continue in effect, except that the fixed annual rental shall be reduced and adjusted in an appropriate manner. 8.03 If this Lease is terminated as provided in tbis section, rent shall be paid up to the date that possession is taken by the condemning authority, and the Lessor shall make an equitable refund of any rent paid by the Lessee in advance. 8.04 Division of Award: The Lessor and the Lessee shall each be entitled to receive and retain separate awards, or portions oflump sum awards, as are allocated to their respective interests in the condemnation proceeding. The termination of this Lease under this Paragraph shall not affect the rights of the respective parties to such awards. Article 9. Damage by Casualty 9.01. The Lessee shall give immediate verbal notice, and prompt written notice to the Lessor of any damage caused to the Leased Premises by fire or other casualty. 9.02. In the event that any improvements on the Leased Premises are damaged or destroyed by tire or other casualty covered under insurance, and the Lessee does not elect to tenninate the Lease, the Lessee shall proceed at its sole cost and expense to promptly and diligently rebuild and repair the improvements. If the Facilities are damaged or destroyed by fire or other casualty that renders more than 500.10 of the floor area of the Facilities unusable, then the Lessee may elect either to terminate this Lease or to proceed to rebuild and repair the Facilities. The Lessee shall give written notice to the COSM form 1/99