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<br />VOL 211PAc[ 194 <br /> <br />7.03. Indemnitv and Hold Harmless: <br /> <br />A. The Lessee agrees to hold harmless, indemnify and defend the Lessor and its <br />officers, agents and employees from and against all claims, suits and actions by third <br />parties for loss of life, personal injury or property damage arising in connection with the <br />use of the Leased Premises and other areas of the Airport by the Lessee, its agents, <br />contractors, employees, servants, invitees or licensees. <br /> <br />B. The Lessee shall use the Airport and use, occupy and store property on the <br />Leased Premises at its own risk, and the Lessee agrees to hold harmless and release the <br />Lessor, and its officers, agents and employees from all claims, suits and actions by the <br />Lessee for loss of life, personal injury or property damage occurring at the Airport or on <br />the Leased Premises, including those resulting from the sole negligence or other <br />actionable conduct of the Lessor, its officers, agents or employees, or from the acts or <br />omissions of third parties. <br /> <br />C. The Lessee shall give prompt notice to the Lessor of any accident on the Leased <br />Premises, and of defects in the runways, taxi-ways, lighting systems or other facilities at <br />the Airport of which the Lessee is aware. <br /> <br />D. In case the Lessor is made a party to any litigation commenced by or against the <br />Lessee that is covered by this paragraph, then the Lessee shall hold the Lessor harmless <br />from and pay all costs and expenses of the Lessor related to the litigation, including the <br />fees of attorneys and expert 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 <br />Lease shall 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 <br />partial taking renders the remaining portion unsuitable for the purposes ofthe Lessee, then <br />this Lease shall terminate. If the partial taking is not extensive enough to render the <br />premises unsuitable for the purposes of the Lessee, then this Lease shall continue in <br />effect, except that the fixed annual rental shall be reduced and adjusted in an appropriate <br />manner. <br /> <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 make an <br />equitable refund of any rent paid by the Lessee in advance. <br /> <br />COSM Form 1/99 <br />