Res 1989-047 - Laserfiche WebLink

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operations of which Lessee may be aware. G. In case Lessor shall, without fault on his part, be made a party to any litigation commenced by or against Lessee, then Lessee shall protect and hold Lessor harmless and shall pay all cost, expenses and reasonable attorney's fees. 12. Condemnation. A. Total: If the whole of the demised premises shall be acquired or taken by eminent domain for any public or quasi-public use or purpose, then this lease and the term herein shall cease and terminate as of the date of title vesting in such proceeding. B. Partial: If any part of the demised premises or all or part of the San Marcos Municipal Airport shall be taken as aforesaid, and such partial taking shall render that portion of the demised premises not so taken unsuitable for the business of Lessee, then this lease and the term herein shall cease and terminate as aforesaid. If such partial taking is not extensive enough to render the premises unsuitable for the business of Lessee, then this lease shall continue in effect except that the minimum rental shall be reduced and adjusted in an appropriate manner. C. If this lease is terminated as provided in this paragraph, rent shall be paid up to the date that possession is so taken by public authority, and Lessor shall make an equitable refund of any rent paid by Lessee in advance. D. Award: Lessee shall not be entitled to and expressly waives all claim to any condemnation award for any taking, whether whole or partial, and whether for diminution in value of the leasehold or to the fee although Lessee shall have the right, to the extent that the same shall not reduce Lessor's award, to claim from the condemnor, but not from Lessor, such compensation as may be recoverable by Lessee in its own right for damage to Lessee's business and fixtures. 13. Default. If Lessee fails to pay any rental or other payment due -9-