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Res 1998-173
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Res 1998-173
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4/24/2007 1:21:48 PM
Creation date
4/23/2007 4:37:36 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
1998-173
Date
9/14/1998
Volume Book
134
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<br /> VOL 2nD PkGE 7G8 <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 /> 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 /> 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 /> 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 /> 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 business of the Lessee, then <br /> this Lease shall terminate. If the partial taking is not extensive enough to render the <br /> premises unsuitable for the business 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 /> 8.03 If this Lease is terminated as provided in this section, rent shall be paid up to the date <br /> 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 /> 8.04 Division of Award: The Lessor and the Lessee 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 Lessee 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 />
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