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200905358
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Last modified
7/1/2009 4:39:34 PM
Creation date
7/1/2009 4:34:50 PM
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DEEDS
Inst Number
200905358
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200905358 <br />Section 6.5. Lessee's Negligence. Lessee assumes all risks and liabilities, <br />whether or not covered by insurance, for loss or damage to the Project and for injury to or death <br />of any person or damage to any property, whether such injury or death be with respect to agents <br />or employees of Lessee or of third parties, and whether such property damage be to Lessee's <br />property or the property of others, which is proximately caused by the negligent conduct of <br />Lessee, its officers, employees and agents. Lessee hereby assumes responsibility for and agrees <br />to reimburse Lessor for all liabilities, obligations, losses, damages, penalties, claims, actions, <br />costs and expenses (including reasonable attorney's fees, to the extent permitted by law) of <br />whatsoever kind and nature, imposed on, incurred by or asserted against Lessor that in any way <br />relate to or arise out of a claim, suit or proceeding based in whole or in part upon the negligent <br />conduct of Lessee, its officers, employees and agents, to the maximum extent permitted by law. <br />Section 6.6. Damage to or Destruction of Project. If all or any part of the Project <br />is lost, stolen, destroyed or damaged beyond repair, Lessee shall as soon as practicable aRer such <br />event replace the same at Lessee's sole cost and expense with property of equal or greater value <br />to the Project immediately prior to the time of the loss occurrence, such replacement to be <br />subject to Lessor's reasonable approval, whereupon such replacement shall be substituted in this <br />Lease by appropriate endorsement. The Net Proceeds of all insurance payable with respect to the <br />Project shall be available to Lessee and shall be used to discharge Lessee's obligation under this <br />Section. Until all obligations of the Lessee to make Rental Payments under this Lease have been <br />satisfied in full, the Lessee shall make restoration and repair of the Project in such manner as will <br />prevent any termination of the Ground Lease. <br />1.3 <br />
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