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<br />7.03. Indemnitv and Hold Harmless: <br /> <br />A The Lessee agrees to hold harmless, indemnify and defend the Lessor 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 Lessor, and its <br />officers, agents and employees from all claims, suits and actions by the Lessee for loss oflife, personal <br />injury or property damage occurring at the Airport or on the Leased Premises, including those <br />resulting from the sole negligence or other actionable conduct of the Lessor, its officers, agents or <br />employees, or from the acts or omissions of third parties. <br /> <br />C. The Lessee shall give prompt notice to the Lessor 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 Lessor 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 Lessor harmless from and pay all <br />costs and expenses of the Lessor 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 business 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 />business of the Lessee, then this Lease shall continue in effect, except that the fixed annual rental shall <br />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 Lessor shall make an equitable refund of <br />any rent paid by the Lessee in advance. <br /> <br />8.04 Division of Award: The Lessor and the Lessee shall each be entitled to receive and retain <br />separate awards, or portions oflump sum awards, as are allocated to their respective interests in the <br />condemnation proceeding. The termination of this Lease under this Paragraph shall not affect the <br />rights of the respective parties to such awards. <br /> <br />COSM form 1/99 <br /> <br />6 <br />