CCP 04-13-1998 - Laserfiche WebLink

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ll111 . 12. Condemnation. In the event the whole of the Pro[Jerty is taken by eminent domain, the Lease shall terminate as of the date title to the Pro[Jerty vests in the condemning authority. In the event a [Jorl:ion of the Pro[Jerty is taken by eminenl: domain, such that the Leased Premises are no longer usable as a communication site I:his Lease shall I:erminate as of the date of title transfer, unless Tenants equi[Jment and im[Jrovements can be relocated to another [Josition on the Pro[Jerty acce[Jtable to Tenant and Landlord. In the event of any taking under the [Jower of eminent domain, Tenant shall not be entitled to any portion of the award [Jaid for the taking and Landlord shall receive the full amount of such award, Tenant hereby expressly waiving any right or claim to any portion thereof. Although all damages, whether awarded as com[Jensation for diminution in value of the leasehold or to the fee of the Pro[Jerty, shall belong to Landlord, Tenant shall have the right to claim and recover from the condemning aUl:hority, but not from Landlord, such com[Jensation as may be se[Jarately awarded or recoverable by Tenant on account of any and all damage to Tenant's business by reason of the taking and for or on account of any cost or loss which Tenant might incur for removing or relocating its equi[Jment, personal property, Antenna . Facilities, and leasehold improvements. 13 . Indemnification. Each party shall indemni fy, hold harmless and defend the other party from any and all loss, damage, cost or expense (including attorney's fees) arising out of the breach of any covenant or warranty made under this Lease and further, Tenant agrees to indemnify, defend, and hold harmless Landlord and its elected officials, officers, em[Jloyees, agents, and re[Jresentatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation, which may be asserted against or incurred by the Landlord or for which the Landlord may be held liable, which arise from the negligence, willful misconduct of Tenant's agents or employees in the, or performance of this Lease or from the installation, operation, use, maintenance, repair; removal, or presence of Tenant's transmission facilities on the Property and the Hater Tower, and specifically including the representations and warranties of paragraph 15 of this Lease. . 11 .