Res 1998-040 - Laserfiche WebLink

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7.03. Indemnitv and Hold Harmless: A. The Lessee agrees to hold harmless, indemnify and defend the Lessor and its officers, agents and employees from and against all claims, suits and actions by third parties for loss of life, personal injury or property damage arising in connection with the use of the Leased Premises and other areas of the Airport by the Lessee, its agents, contractors, employees, servants, invitees or licensees. B. The Lessee shall use the Airport and use, occupy and store property on the Leased Premises at its own risk, and the Lessee agrees to hold harmless and release the Lessor, and its officers, agents and employees from all claims, suits and actions by the Lessee for loss of life, personal injury or property damage occurring at the Airport or on the Leased Premises, including those resulting from the sole negligence or other actionable conduct of the Lessor, its officers, agents or employees, or from the acts or omissions of third parties. C. The Lessee shall give prompt n.otice to the Lessor of any accident on the Leased Premises, and of defects in the runways, taxi-ways, lighting systems or other facilities at the Airport of which the Lessee is aware. D. In case the Lessor is made a party to any litigation commenced by or against the Lessee that is covered by this paragraph, then the Lessee shall hold the Lessor harmless from and pay all costs and expenses of the Lessor related to the litigation, including the fees of attorneys and expert witnesses. Article 8. Condemnation 8.01. Total: If the whole of the Leased Premises is taken by eminent domain, then this Lease shall terminate as of the date the title vests in the proceeding. 8.02 Partial: If a portion of the Leased Premises is taken by eminent domain, and the partial taking renders the remaining portion unsuitable for the business of the Lessee, then this Lease shall terminate. If the partial taking is not extensive enough to render the premises unsuitable for the business of the Lessee, then this Lease shall continue in effect, except that the fixed annual rental shall be reduced and adjusted in an appropriate manner. 8.03 If this Lease is terminated as provided in this section, rent shall be paid up to the date that possession is taken by the condemning authority, and the Lessor shall make an equitable refund of any rent paid by the Lessee in advance. 8.04 Division of Award: The Lessor and the Lessee shall each be entitled to receive and retain separate awards, or portions of lump sum awards, as are allocated to their respective interests in the condemnation proceeding. The termination of this Lease under this Paragraph shall not affect the rights of the respective parties to such awards.