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Agenda - 1-3-17 Reg. Meeting
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Agenda - 1-3-17 Reg. Meeting
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Vii <br />13. Indemnification of Landlord: Tenant shall defend. indemnify, and save Landlord <br />harmless from and against liability or claim thereof, whether for injury to persons, including <br />death or damage to property: (a) occurring on the Premises during the term. if caused by any <br />negligent or intentional act of Tenant, its agents, employees, licensees. or contractors; or (b) <br />occurring on the Premises as a result of a negligent or intentional act of Tenant. <br />14. Indemnification of Tenant: Landlord shall defend, indemnity, and save Tenant harmless <br />from and against liability or claim thereof, whether for injury to persons, including death or <br />damage to property: (a) occurring on the Premises during the Lease Term. if caused by any <br />negligent or intentional act of Landlord, its agents, employees, licensees, or contractors; or (b) <br />occurring on the Prenuses as a result of a negligent or intentional act of Landlord. <br />15. Insurance: Landlord, at its expense. shall maintain property and casualty insurance on the <br />Premises for the full replacement cost thereof. and shall submit a paid invoice for the amount <br />of the insurance to 'Tenant for full reimbursement. Tenant, at its expense, shall maintain public <br />liability insurance of at least $1.000.000, including bodily injury and property damage, <br />insuring'Tenauit and Landlord. Tenant shall provide Landlord with a Certificate of Insurance <br />showing Landlord as additional insured. The Certificate shall provide for a ten-day written <br />notice to Landlord in the event of cancellation or material change of coverage. To the <br />maximum extent permitted by insurance policies that may be owned by Landlord or Tenant. <br />Tenant and Landlord, for the benefit of each other. waive any and all rights of subrogation. <br />which might otherwise exist. <br />16. Eminent Domain: If the Premises or any part thereof or any estate therein, or any other <br />part of the building materially affecting Tenant's use of the Premises, shall be taken by <br />eminent domain, this lease. at the option of either party. shall terminate on the date when title <br />vests pursuant to such taking. If either party decides to terminate this lease, then the rent, and <br />any additional rent, shall be apportioned as of the termination date, and any rent paid for any <br />period beyond that date shall be repaid to Tenant. Tenant shall not be entitled to any part of <br />the award for such taking or any payment in lieu thereof, but 'Tenant may file a claim for any <br />taking of fixtures and improvements owned by Tenant. and for moving expenses. <br />17. Destruction of Premises: In the event of a partial destruction of the Premises during the <br />term hereof. from any cause. Landlord shall forthwith repair the same, provided that such <br />repairs can be made within sixty (60) days under existing governmental laws and regulations. <br />but such partial destruction shall not terminate this lease, except that Tenant shall be entitled <br />to a proportionate reduction of rent while such repairs are being made. based upon the extent <br />to which the making of such repairs shall interfere with the business of Tenant on the <br />Premises. If such repairs cannot be made within said sixty (60) days. Landlord. at its option. <br />may make the repairs within a reasonable time, this lease continuing in effect with the rent <br />proportionately abated until Landlord makes all necessary repairs, and in the event that <br />Landlord shall not elect to make such repairs which cannot be made within sixty (60) days, <br />this lease may be terminated at the option of either party. In the event that the building in <br />which the demised Premises may be situated is destroyed to an extent of not less than one- <br />third of the replacement costs thereof. Landlord or Tenant may elect to terminate this lease <br />whether the demised Premises be injured or not. A total destruction of the building in which <br />the Premises may be situated shall terminate this lease. <br />
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