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<br />-b- <br /> <br />from any bursting, breakage or by or frof'l lcnkage, stL'ar.l or snow or ice, runninf~' <br /> <br />backing up, secpage or the overflow of wnter or ~;ewnge in ,iny part of said <br /> <br />premises, or from any injury or damage caused by or resulting from any defccts <br /> <br />or negligence in the occupancy, construction, operation, use of any of said <br /> <br />buildings, equipment, machinery, utilities, appliances or apparatus by any <br /> <br />person or by or from the acts or negligence of any occupant of the premises. <br /> <br />F. Hibbert shall give prompt notice to City in case of fire or accident <br /> <br />in the demised premises or of defects in the runways, taxiways, lighting <br /> <br />systems or other airport operations of which Hibbert may be aware. <br /> <br />G. In case city shall, ,.,it"hout fault on his part, be made a party <br /> <br />to any litigation commenced by or against Hibbert, then Hibbert shall protect <br /> <br />and hold City harmless and shall pay all cost, expenses and reasonable <br /> <br />attorney's fees. <br /> <br />XIII. <br /> <br />A. Total: If the whole of the demised premises shall be acquired or <br /> <br />taken by eminent domain for any public or quasi-public use or purpose, then <br /> <br />this lease and the term herein shall cease and terminate as of the date of <br /> <br />title vesting in such proceeding. <br /> <br />B. Partial: If any part of the demised premises or all or part of <br /> <br />said Airport shall be taken as aforesaid, and such partial taking shall <br /> <br />render that portion of the demised premises not so taken unsuitable for the <br /> <br />business of Hibbert then this lease and the term herein shall cease and <br /> <br />terminate as aforesaid. If such partial taking is not extensive enough to <br /> <br />render the premises unsuitable for the business of Hibbert, then this lease <br /> <br />shall continue in effect except that the minimum rental shall be reduced and <br /> <br />adjusted in an appropriate manner. <br /> <br />C. If this lease is terminated as provided in this paragraph, rent shall <br /> <br />be paid up to the date that possession is so taken by public authority, and <br /> <br />City shall make an equitable refund of any rent paid by Hibbert in advance. <br /> <br />D. Award: Hibbert shall not be entitled to and expressly waives all <br /> <br />claim to any condemnation award for any taking, whether whole or partial, <br />