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07-28-14 Council Agenda & Packet
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07-28-14 Council Agenda & Packet
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City Council - City Clerk
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Agendas
City Counci - Date
7/28/2014
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through the Term; and (b) indemnify and hold Lessor harmless from any liability resulting from <br />any nonpayment for any such services <br />ARTICLE VI <br />INSURANCE AND INDEMNITY <br />6.1 General Warranty. Lessee, from the commencement of its occupancy, <br />agrees to indemnify and hold Lessor harmless from any loss, cost, claim, liability or damage <br />arising out of, or connected with, Lessee's use and occupancy of the Premises arising out of any <br />breach or default of Lessee in performance of its obligations under this Lease unless arising from <br />Lessor's. gross negligence or intentional misconduct. In case any action or proceeding be brought <br />against Lessor by reason of any such claim, Lessee agrees to (a) resist or defend such action or <br />proceeding and (b) promptly pay and discharge any final judgment rendered against Lessor <br />therein, reserving the right to appeal such judgment prior to payment thereof as may be permitted <br />by law. The obligation of Lessee under this Section to indemnify and hold harmless Lessor shall <br />survive the expiration of the Premises or the termination of this Lease. <br />6.2 Waiver. Lessor shall be responsible for infrastructure failure or damage, <br />which failure or damage is not caused by any negligence of Lessee. <br />6.3 Lessor's Indemnity. Lessor shall indemnify and hold Lessee harmless <br />from any third -party claim or any loss cost, claim, liability or damage resulting therefrom arising <br />out of or connected with Lessor's negligence or willful and intentionally tortious acts, or <br />Lessor's default under this Lease. <br />ARTICLE VII <br />DESTRUCTION OF PREMISES <br />7.1 Repair or Restoration. In the event of damage to, or destruction of, the <br />Premises by fire or other casualty covered by insurance, Lessor at its sole expense, shall <br />promptly restore the Premises (other than improvements to the Premises made by Lessee) as <br />nearly as possible to its condition prior to such damage or destruction; provided that, if the <br />Premises is so extensively damaged or destroyed that the cost of restoration would exceed thirty <br />percent (30 %) of the amount it would cost at the time to replace the Building in its entirety, then, <br />and in such case, Lessor, or, during the final year of the Lease, Lessee, at its option at any time <br />within thirty (30) days after such damage or destruction, may terminate this Lease upon written <br />notice to Lessee, or, if during the during the final year of the Lease, to Lessor, and thereupon <br />(a) Lessee shall surrender possession of the Premises to Lessor, (b) Lessor and Lessee shall be <br />discharged from any and all liabilities and obligations arising under this Lease subsequent to the <br />date of such damage or destruction, and (c) this Lease shall be null and void. Pending Lessor's <br />restoration of the Premises, Lessee's Base Rent hereunder shall abate proportionately to the area <br />rendered unusable, to the extent of the proceeds of Lessor's rent interruption insurance, if any. <br />Lessor's obligations to reconstruct the Premises are conditioned on its receipt of insurance <br />proceeds in such an amount as to cover the cost of such restoration. <br />0 <br />US.54381 124.05 <br />
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