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Res 2011-075
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Res 2011-075
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Last modified
6/24/2011 11:44:30 AM
Creation date
6/24/2011 8:21:11 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2011-75
Date
6/21/2011
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the losses are covered by insurance. The Lessor's acceptance of insurance certificates that do not <br />comply with these requirements will not release the Lessee from compliance with these <br />provisions. <br />7.04. Indemnity and Hold Harmless: <br />A. The Lessee agrees to hold harmless, indemnify and defend the Lessor and <br />its officers, agents and employees from and against all claims, suits and actions by <br />third parties for loss of life, personal injury or property damage arising in connection <br />with the use of the Leased Premises by the Lessee, its agents, contractors, employees, <br />servants, invitees or licensees. <br />B. The Lessee shall use the Leased Premises and use, occupy and store <br />property on the Leased Premises at its own risk, and the Lessee agrees to hold harmless <br />and release the Lessor, and its officers, agents and employees from all claims, suits and <br />actions by the Lessee for loss of life, personal injury or property damage resulting <br />therefrom. <br />C. In case the Lessor is made a party to any litigation commenced by or <br />against the Lessee that is covered by this paragraph, then the Lessee shall hold the <br />Lessor harmless from and pay all costs and expenses of the Lessor related to the <br />litigation, including the fees of attorneys and expert witnesses. <br />Article 8. Hotel Occupancy Data <br />Lessee agrees to record at the point of tube rental, in a method and on a form approved by <br />the City Manager of the Lessor: a) the number of tube renters staying in San Marcos hotels, <br />motels, tourist homes, tourist houses, tourist courts, lodging houses, inns, rooming houses, or bed <br />and breakfasts (collectively, "Hotels "); and b) the number of room nights such tube renters are <br />staying in such Hotels. <br />Article 9. River Clean Up <br />The Lessee shall assist in the cleanup of the San Marcos River in and around the area of <br />the City recreation building during City of San Marcos designated river cleanup events. <br />Article 10. Condemnation <br />10.01. Total: If the whole of the Leased Premises is taken by eminent domain, then this <br />Lease shall terminate as of the date the title vests in the proceeding. <br />10.02 Partial: If a portion of the Leased Premises is taken by eminent domain, and the <br />partial taking renders the remaining portion unsuitable for the business of the Lessee, then this <br />Lease shall terminate. If the partial taking is not extensive enough to render the premises <br />unsuitable for the business of the Lessee, then this Lease shall continue in effect, except that the <br />
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