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200510853 Lessee shall indemnify and save Lessor or any of its officers and directors and the Trustee harmless from and against all costs and expenses incurred in or in connection with any such claim arising as aforesaid; or in connection with any action or proceeding brought thereon, and upon notice from Lessor or any of its officers and directors or the Trustee, Lessee shall defend the Lessor or any of its officers and directors or the Trustee in any such action or proceeding. In addition to the foregoing and notwithstanding anything contained in this Agreement which might be construed to the contrary, Lessee covenants and agrees, to the fullest extent permitted by law, to indemnify and save Lessor or any of its officers and directors and the Trustee harmless with respect to any pecuniary liability (other than Lessor's obligation to make payment for costs of the Project from the Construction Fund) to which it or they might become subject as a consequence of the performance by Lessor or the Trustee or the Lessee of any act in compliance with the terms and provisions herein contained. ARTICLE XII LESSOR'S PERFORMANCE OF LESSEE'S OBLIGATIONS If Lessee shall fail to keep or perform any of its obligations as provided in this Agreement, then Lessor or the Trustee may (but shall not be obligated to do so) upon the continuance of such failure on Lessee's part for thirty (30) days after written notice to Lessee, and without waiving or releasing Lessee from any obligation, as an additional but not exclusive remedy, make any payment or perform any obligation, and all sums paid by Lessor or the Trustee in performing such obligation shall be deemed additional rent and shall be paid to Lessor or the Trustee, as the case may be, on demand or, at the option of Lessor or the Trustee, as the case may be, may be added to any installment of the Payments thereafter falling due, and if not so paid by Lessee, Lessor and the Trustee shall have the same rights and remedies as in the case of default by Lessee in the making ofthe Payments as herein provided. ARTICLE XIII DAMAGE OR DESTRUCTION Section 13.01. Ifthe Project shall be damaged from any cause whatsoever, Lessee shall, at Lessee's expense, promptly and with reasonable diligence proceed to repair, replace or reconstruct the Project to the extent required so that, in the judgment of the Lessee, the Project shall be suitable for use for Lessee's purposes and as required by Lessee. Insurance money may be used for such repair, replacement or reconstruction as provided in Article VITI hereof. Section 13.02. No damage to or destruction of the Project or any part thereof from any cause whatsoever shall reduce or affect Lessee's obligation to make the Payments and pay additional rental as provided in this Agreement. ARTICLE XIV CONDEMNATION Section 14.01. If during the term hereof, the title to, or the right to temporary use, of any part of the Project shall be taken by the exercise of the right of eminent domain and if in the opinion of Lessee, the utilization of the Project by Lessee is not impaired by such taking, neither the terms nor any ofthe obligations of either party under this Agreement shall be reduced or affected in 12