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Res 1998-147
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Res 1998-147
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4/23/2007 5:05:26 PM
Creation date
4/16/2007 4:23:44 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
1998-147
Date
7/27/1998
Volume Book
133
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<br /> VOL 195 PAGE 677 <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 /> 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 are aware. <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 /> Article 8. Condemnation <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 /> 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 /> 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 Lessees in advance. <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 /> Article 9. Damage by Casualty <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 /> 9.02. In the event that any improvements on the Leased Premises are damaged or <br /> destroyed by fire or other casualty covered under insurance, and the Lessees do not elect <br /> to terminate the Lease, the Lessees shall proceed at their sole cost and expense to <br /> 6 <br />
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