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200302817
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Last modified
10/15/2011 5:53:25 PM
Creation date
10/21/2005 4:23:29 PM
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DEEDS
Inst Number
200302817
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200302817 <br />(b) any breach or default on the part of Lessee in the performance of any of its <br />obligations under this Lease - Purchase Agreement; <br />(e) any act or negligence of Lessee or of its officers, agents, contractors, servants, <br />employees or licensees or <br />(d) any accident, injury or death of any person or damage to any property occurring in <br />or as a result of any condition of the Project. <br />Lessee shall indemnify and save Lessor or any of its officers and directors and the Trustee harmless from and <br />against all costs and expenses incurred in or in connection with any such claim arising as aforesaid; or in <br />connection with any action or proceeding brought thereon, and upon notice from Lessor or any of its officers <br />and directors or the Trustee, Lessee shall defend the Lessor or any of its officers and directors or the Trustee <br />in any such action or proceeding. <br />In addition to the foregoing and notwithstanding anything contained in this Lease - Purchase <br />Agreement which might be construed to the contrary, Lessee covenants and agrees, to the fullest extent <br />permitted by law, to indemnify and save Lessor or any of its officers and directors and the Trustee h8OnleaS <br />with respect to any pecuniary liability (other than Lessor's obligation to make payment for costs of the <br />Project from the Construction and Acquisition Fund) to which it or they might become subject as a <br />consequence of the performance by Lessor or the Trustee or the lessee of any act in compliance with the <br />terms and provisions herein contained. <br />ARTICLE XII <br />LESSOR'S PERFORMANCE OF LESSEE'S OBLIGATIONS <br />If Lessee shall fail to keep or perfonn any of its obligations as provided in this Lease - <br />Purchase Agreement, then Lessor or the Trustee may (but shall not be obligated to do so) upon the <br />continuance of such failure on Lessee's part for thirty (30) days after written notice to Lessee, and without <br />waiving or releasing Lessee from any obligation, as an additional but not exclusive remedy, make any <br />payment or perform any obligation, and all sums paid by Lessor or the Trustee in performing such obligation <br />shall be deemed additional rent and shall be paid to Lessor or the Trustee, as the case may be, on demand or, <br />at the option of Lessor or the Trustee, as the case may be, may be added to any installment of basic rent <br />thereafter falling due, and if not so paid by Lessee, Lessor and the Trustee shall have the same rights and <br />remedies as in the case of default by Lessee in the payment of basic rent. <br />ARTICLE XIII <br />DAMAGE OR DESTRUCTION <br />Section 13.1. If the Project shall be damaged from any cause whatsoever, Lessee shall, at <br />Lessee's expense, promptly and with reasonable diligence proceed to repair, replace or reconstruct the Project <br />to the extent required so that, in thejudgment of the Lessee, the Project shall be suitable for use for Lessee's <br />purposes and as required by Lessee. Insurance money may be used for such repair, replacement or <br />reconstruction as provided in Article VIII hereof. <br />10 <br />
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