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<br />Premises. <br /> <br />7.03. Indemnitvand Hold Harmless: <br /> <br />A. The Lessee agrees to hold harmless, indemnify and defend the City and its officers, <br />agents and employees from and against all claims, suits and actions by third parties for loss of life, <br />personal injury or property damage arising in connection with the use of the Leased Premises and <br />other areas of the Airport by the Lessee, its agents, contractors, employees, servants, invitees or <br />licensees. <br /> <br />B. The Lessee shall use the Airport and use, occupy and store property on the Leased <br />Premises at its own risk, and the Lessee agrees to hold harmless and release the City, and its <br />officers, agents and employees from all claims, suits and actions by the Lessee for loss of life, <br />personal injury or property damage occurring at the Airport or on the Leased Premises, including <br />those resulting from the sole negligence or other actionable conduct of the City, its officers, agents <br />or employees, or from the acts or omissions of third parties. <br /> <br />C. The Lessee shall give prompt notice to the City of any accident on the Leased Premises, <br />and of defects in the runways, taxi-ways, lighting systems or other facilities at the Airport of which <br />the Lessee is aware. <br /> <br />D. In case the City is made a party to any litigation commenced by or against the Lessee <br />that is covered by this paragraph, then the Lessee shall hold the City harmless from and pay all <br />costs and expenses of the City related to the litigation, including the fees of attorneys and expert <br />witnesses. <br /> <br />Article 8. Condemnation <br /> <br />8.01. 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 proceeding. <br /> <br />8.02. Partial: If a portion of the Leased Premises is taken by eminent domain, and the partial taking <br />renders the remaining portion unsuitable for the purposes of the Lessee, then this Lease shall <br />terminate. If the partial taking is not extensive enough to render the premises unsuitable for the <br />purposes of the Lessee, then this Lease shall continue in effect, except that the fixed annual rental <br />shall be reduced and adjusted in an appropriate manner. <br /> <br />8.03 If this Lease is terminated as provided in this section, rent shall be paid up to the date that <br />possession is taken by the condemning authority, and the City shall make an equitable refund of any <br />rent paid by the Lessee in advance. <br /> <br />8.04 Division of Award: The City and the Lessee shall each be entitled to receive and retain <br />separate awards, or portions of lump sum awards, as are allocated to their respective interests in <br />the condemnation proceeding. The termination of this Lease under this Paragraph shall not affect <br />the rights of the respective parties to such awards. <br /> <br />COSM Form 1/99 <br /> <br />5 <br />