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City of San Marcos Airport <br />MANAGER, their officers, agents or employees, or from the acts or <br />omissions of third parties. <br />C. The LESSEE shall give prompt notice to the LESSOR of any accident <br />on the LEASED PREMISES, and of defects in the runways, taxiways, <br />lighting systems or other FACILITIES at the AIRPORT of which the <br />LESSEE is aware. <br />D. In case the LESSOR or AIRPORT MANAGER is made a party to <br />any litigation commenced by or against the LESSEE that is covered <br />by this paragraph, then the LESSEE shall hold the LESSOR and <br />AIRPORT MANAGER harmless from and pay all costs and expenses <br />of the LESSOR and AIRPORT MANAGER related to the litigation, <br />including the fees of attorneys and expert witnesses. <br />ARTICLE 8. CONDEMNATION <br />8.01. Total: If the whole of the LEASED PREMISES is taken by eminent domain, then <br />this LEASE shall terminate as of the date the title vests in the proceeding. <br />8.02. Partial: If a portion of the LEASED PREMISES is taken by eminent domain, and <br />the partial taking renders the remaining portion unsuitable for the business of the <br />LESSEE, then this LEASE shall terminate. If the partial taking is not extensive <br />enough to render the premises unsuitable for the business of the LESSEE, then <br />this LEASE shall continue in effect, except that the fixed annual rental shall be <br />reduced and adjusted in an appropriate manner. <br />8.03. If this LEASE is terminated as provided in this section, rent shall be paid up to the <br />date that possession is taken by the condemning authority, and the LESSOR shall <br />make an equitable refund of any rent paid by the LESSEE in advance. <br />8.04. Division of Award: The LESSOR and the LESSEE shall each be entitled to <br />receive and retain separate awards, or portions of lump sum awards, as are <br />allocated to their respective interests in the condemnation proceeding. Without <br />limiting the generality of the preceding sentence, the LESSOR has no interest in <br />any award made to LESSEE for LESSEE's moving and relocation expenses or for <br />the loss of LESSEE's leasehold interest, fixtures and other tangible personal <br />property if a separate award for such items is made to LESSEE. The termination <br />of this LEASE under this Paragraph shall not affect the rights of the respective <br />parties to such awards. <br />ARTICLE 9. DAMAGE BY CASUALTY <br />Initials: Lessor Lessee <br />