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i: successors in interest) to the extent that such transit operation is conducted in a manner reasonably
<br />consistent with usual and customary practices of transit system aperations; or
<br />(e) from any kind of injury that may arise from any other cause whatsoever on the
<br />~' Premises or in or on the Improvements,
<br />from any cause whatscever including, without limita.tion, from ~
<br />~ (i) fue, breakage, leakage, defect, or any condition of any part or portion of the
<br />`~ Premises or of the Improvements, or ~
<br />_ (ii) from steam, gas, electricity, water, rain, or snow that may leak into, issue, or flow
<br />( from any part of the Premises or the Improvements from the drains, pipes, or plumbing work of the
<br />~; same, or from the street, subsurface, or any place or quarter, or ~
<br />`~ (iii) due to the use, misuse, or abuse o f a ll or any o f t he I m provements.
<br />i 15.2 Lessee shall indemnify and hold Lessor harmless against and from all liabilities,
<br />~ obligations, damages, penalties; claims, costs, charges, and expenses, inclnding reasonable architect and
<br />attomey fees, that may be imposed on or incurred by or asserted against I.essor by reason of any of the
<br />following occurrences during the Term:
<br />~ ari art of the Premises or the ,
<br />(a) Any work or thmg done in, on, or about all or y p
<br />Improvements by Lessee or any party other than Lessor; -
<br />~.j (b) Any use, nonuse, possession, occupation, condition, operation,~maintenance,
<br />" or management of all or any part of the Premises or the Improvements or any adjacent alley, sidewalk,
<br />~r curb, vault, passageway, or space; • ~
<br />(-~ (c) Any ~negligence on the part of Lessee or any of its agents, contractors,
<br />servants, employees, sublessees, licensees, or invitees;
<br />~ (d) Any accident, injury, or damage to any persoa or property occiuring in, on,
<br />or about the Premises or the Improve~nts; or
<br />--,
<br />( e) Any failure on the part of Lessee to perform or comply with any of the
<br />~;' covenants, agreements, terms, provisions, conditions, or limitations contained in this Lease on its part to
<br />' be performed or complied with.
<br />~ 15.3 In case any action or proceeding is brought against Lessor by reason of any such
<br />~~~~ claim, Lessee upon written notice from Lessor shall, at Lessee's expense, resist or defend such action or
<br />- proceeding by counsel approved by Lessor in writing, which approval shall not be unreasonably
<br />withheld. Lessor shall not make any claim against Lessee with respect to any of such risks as to which
<br />' ..Lessee has fumished Lessor with insurance-policies or certificates of insurance evidencing coverage of
<br />1 ~,;
<br />such risks unless and until the insuter fails or refuses to defend and/or pay all or any part of a
<br />; a third-party claim.
<br />~ Section 16. Condemnation .
<br />16.1 If all the Premises and the Improvements are taken or condemned, by right of
<br />, eminent domain or by purchase in lieu of condemnation, or if such portion of the Premises or the
<br />~ Improvements shall be so taken or condcmned that the portion remaining ~s not sufficient and suitable,
<br />,~ m Lessee's sole judgment (subject, however, to any rights of any Permitted I,easehold Mortgagee), to
<br />permit the restoration of the Improve~nts following such taking or condemnation, then this Lease and
<br />~ the Term, at Lessee's option, shall cease and terminate as of the date on which the condemning authority
<br />~ takes possession (any taking or condemnation of the land described in this secrion being called a"Total
<br />'~~ Taking"), and the Minimum Rent and Additional Rent shall be apportioned and paid to the date of such
<br />total taking.
<br />~~: 16.2 If this Lease expires and terminates as a result of a Total Taking, the rights and
<br />interests of the parties shall be deternuned as follows:
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<br />~1,~ .
<br />North Pad Ground Lease Courthouse Square
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