05-08-07 Redevelopment Commission Minutes

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air by the Lessee from or upon the Premises- Lessee also agrees that It will reimburse NSRC for and hold NSRC harmless from any and all costs, expenses, and attorneys# fees and from all penalties or eivi j udgments incurred, entered, assessed, or levied against NSRC as a result of Lessee's use of the Premiss or as a result of any release of any mature onto the ground or into the water or air by the Lessee from or upon the Premises. Such reimbursement or indemnification shall include but not be limited to any and all Judgments or penalties to recover the cost of cleanup of any such release by Lessee from or upon the l remises and all expense inc .rred by NSRC as a result of such civil action including but not limited to attorneys` fees, (c) The provisions of this Article 1 shall apply regardless of acquiescence or negligence or allegations thereof on the part of either party. t The foregoing provisions of ths rticle 1 shall apply notwi.tbsta.ndin any other provision of this Lease to the contrary. ARTICLE 13. The liabIlity of the parties to this Lease, as between Lhe sel es, for death, personal Injury, and property loss and damage which occurs by reason of, or a ses out of, or is incidental to, the use or occupancy by Lessee of the Premises covered by this Lease, shall be determined in accordance with the following provisions regardless of considerations of fault or negligence: (a) Lessee shall be solely responsible for, and shall bear all cost, expense, and liability resulting from., loss of or damage to property by fire; (b) Lessee shall be solely responsible for, and shall bear all cost, expense, and liability resulting from, death, personal injury, and loss and damage to property relating to Lessee's use and occupancy of the Premises or caused by the acts or omissions of Lessee, or of the agents or employees ofLessee, or by the violation by Lessee or its agents or employees of any of the terms of this Lease, or by the acts or omissions of Lessee concurring with the negligence of a third party; c Except as provided in subparagraph (a) above, NSRC shall be solely responsible for, and shall bear all cost, expense, and liability resulting from death, personal injury, and property loss and damage caused solely by the acts or omissions of NSRC, or of the agents or employees of NSRC, or by the acts or omissions of NSRC eoncum'ng with the negligence of third ply; (d) Lessee hereby agrees to i dem.tffy and sage harmless NSRC, its officers, agents and employees, from all of the liabilities and expenses, as med and undertaken by Lessee in this Article 13. Likewise, NSRC hereby agrees to inden fy and save hannle s Lessee, its officers, agents and employees, from all oft the liabilities and expenses assumed and undertaken by NSRC in this article 1 ; - e Knowledge on the part of NSRC of continuing violation oft the terms off s i Lease by Lessee shall constitute neither an omission nor acquiescence on the part ofNSR , and shall in no event relieve Lessee of any of the responsibilities unposed upon Lessee hereunder.