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Packet 20230918
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5G Consent
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3/21/2024 5:55:01 PM
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9/19/2023 5:43:02 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
9/18/2023
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Form51.16 (Rev. 10/14) <br />Page 24 of 37 <br />now or hereafter located thereon, free and harmless from any liability, loss, or Damages <br />resulting from any taxes, assessments, or other charges required by this Lease to be <br />paid by Lessee and from all interest, penalties, and other sums imposed thereon and <br />from any sales or other proceedings to enforce collection of any such taxes, <br />assessments, or other charges. <br /> <br />8. INDEMNITY <br />(a) Lessee’s use of the Lease Premises and any Improvements thereon is at Lessee’s sole <br />and exclusive risk. <br />(b) In addition to any other obligation to indemnify Lessor as otherwise provided in this <br />Lease, except to the extent caused by the sole negligence and/or willful misconduct of <br />the Lessor, Lessee shall indemnify, hold harmless, and, at the option of Lessor, defend <br />Lessor, its officers, agents, and employees from any and all Damages resulting from <br />Lessee’s occupation and use of the Lease Premises. Lessee shall reimburse Lessor in full for <br />all reasonable costs and attorneys’ fees, specifically including, without limitation, any <br />Damages arising by reason of: (1) The issuance, enjoyment, interpretation, Breach, or <br />Default of this Lease; (2) The challenge to or defense of any environmental review upon <br />which the issuance of this Lease is based; (3) The death or injury of any person, or damage <br />to or destruction of any property from any cause whatever in any way connected with the <br />Lease Premises, or with any of the Improvements or personal property on the Lease <br />Premises; (4) The condition of the Lease Premises, or Improvements on the Lease Premises; <br />(5) An act or omission on the Lease Premises by Lessee or any person in, on, or about the <br />Lease Premises; (6) Any work performed on the Lease Premises or material furnished to the <br />Lease Premises; (7) Lessee’s failure to comply with any material legal or other requirement <br />validly imposed on Lessee or the Lease Premises by a Regulatory Agency. <br />(c) The reimbursement provisions of this Paragraph 8 shall not apply to any claims, litigation, <br />or other actions which may be brought by either Lessee or Lessor against each other. <br />(d) Nothing in this paragraph shall be construed as requiring that Lessor defend itself <br />against all or any aspect of any challenge to this Lease or any associated environmental <br />review. However, Lessee may take whatever legal action is available to it to defend this <br />Lease or any associated environmental review against any challenge by a third party, <br />whether or not Lessor chooses to raise a defense against such a challenge. <br /> <br />(e) Lessee shall notify Lessor immediately in case of any accident, injury, or casualty on the <br />Lease Premises. <br /> <br />9. INSURANCE <br />(a) Lessee shall obtain and maintain in full force and effect during the term of this Lease <br />comprehensive general liability insurance, automobile liability, pollution liability, and
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