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Res 1999-180
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Res 1999-180
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9/6/2006 11:42:00 AM
Creation date
9/6/2006 11:41:24 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
1999-180
Date
9/27/1999
Volume Book
138
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<br />B. The Lessees shall use the Airport and use, occupy and store property on the <br />Leased Premises at their own risk, and the Lessees agree to hold harmless and release <br />the Lessor, and its officers, agents and employees from all claims, suits and actions by the <br />Lessees 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 Lessees shall give prompt notice to the Lessor of any accident on the <br />Leased Premises, and of defects in the runways, taxi-ways, lighting systems or other <br />facilities at the Airport of which the Lessees is aware. <br /> <br />D. In case the Lessor is made a party to any litigation commenced by or against the <br />Lessees that is covered by this paragraph, then the Lessees shall hold the Lessor <br />harmless from and pay all costs and expenses of the Lessor related to the litigation, <br />including the 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 of the Lessees, <br />then this Lease shall terminate. If the partial taking is not extensive enough to render the <br />premises unsuitable for the purposes of the Lessees, 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 i'n 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 Lessees in advance. <br /> <br />8.04 Division of Award: The Lessor and the Lessees shall each be entitled to receive and <br />retain separate awards, or portions of lump sum awards, as are allocated to their <br />respective interests in the condemnation proceeding. The termination of this Lease under <br />this Paragraph shall not affect the rights of the respective parties to such awards. <br /> <br />Article 9. Damage by Casualty <br /> <br />9.01. The Lessees shall give immediate verbal notice and prompt written notice to the <br />Lessor of any damage caused to the Leased Premises by fire or other casualty. <br /> <br />COSM Form 1/99 <br /> <br />6 <br />
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