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CCP 02-13-1995
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CCP 02-13-1995
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<br /> . <br /> I. 12. Condemnation. In the event the whole of the Property <br /> I is taken by eminent domain, the Lease shall terminate as of the <br /> date title to the Property vests in the condemning authority. In <br /> the event a portion of the Property is taken by eminent domain, <br /> I such that the Leased Premises are no longer usable as a <br /> communication site this Lease shall terminate as of the date of <br /> title transfer, unless Tenants equipment and improvements can be <br /> I relocated to another position on the Property acceptable to <br /> Tenant and Landlord. In the event of any taking under the power <br /> of eminent domain, Tenant shall not be entitled to any portion of <br /> I the award paid for the taking and Landlord shall receive the full <br /> amount of such award, Tenant hereby expressly waiving any right <br /> or claim to any portion thereof. Although all damages, whether <br /> I awarded as compensation for diminution in value of the leasehold <br /> or to the fee of the Property, shall belong to Landlord, Tenant <br /> I shall have the right to claim and recover from the condemning <br /> authority, but not from Landlord, such compensation as may be <br /> separately awarded or recoverable by Tenant on account of any and <br /> I all damage to Tenant's business by reason of the taking and for <br /> or on account of any cost or loss which Tenant might incur for <br /> removing or relocating its equipment, personal property, Antenna <br /> I- Facilities, and leasehold improvements. <br /> 13 . Indemnification. Each party shall indemnify, hold <br /> I harmless and defend the other party from any and all loss, <br /> damage, cost or expense (including attorney's fees) arising out <br /> of the breach of any covenant or warranty made under this Lease <br /> I and further, Tenant agrees to indemnify, defend, and hold <br /> harmless Landlord and its elected officials, officers, employees, <br /> agents, and representatives, from and against any and all claims, <br /> I costs, losses, expenses, demands, actions, or causes of action, <br /> including reasonable attorneys' fees and other costs and expenses <br /> I of litigation, which may be asserted against or incurred by the <br /> Landlord or for which the Landlord may be held liable, which <br /> arise from the negligence, willful misconduct of Tenant's agents <br /> . or employees in the, or performance of this Lease or ~rom the <br /> installation, operation, use, maintenance, repair, removal, or <br /> presence of Tenant's transmission facilities on the Property and <br /> I the Water Tower, and specifically including the representations <br /> and warranties of paragraph 15 of this Lease. <br /> I <br /> .- II <br /> I <br />
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