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7, INDEMNITY,
<br />7,1 indemnity, Tenant shall indemnify, hold harmless and defend City, its elected
<br />officials, officers and employees, from and against any and all actions, claims, damages, disabilities or
<br />expenses including, without limitation, attorneys' fees (including fees for use of in-house counsel by a
<br />Party), witness costs and court costs that may be asserted by any person or entity, including Tenant,
<br />arising out of or in connection with any of the following circumstances
<br />7.1,1 Use of Premises. Use of the Premises or Airport in any manner by Tenant, its
<br />agents, employees, invitees, subtenants, licenses and contractors, and the agents, employees,
<br />patrons, contractors and invitees of Tenants and subtenants, including any use of the Premises
<br />or the Airport not allowed under this Agreement,
<br />7 1.2 Breach by Tenant. Any breach by Tenant of the terms, Covenants or conditions
<br />herein contained,
<br />7.1.3 Other Activities, Any other activities of Tenant, its agents, employees and.
<br />subtenants whether or not there is concurrent negligence on the part of City, but excluding
<br />liability due to the sole active negligence or sole willful misconduct of City. This
<br />indemnification obligation is not limited in any way by any limitation on the amount or type
<br />of damages or compensation payable by or for Tenant or its agents under workers'
<br />compensation acts, disability benefit acts .or other employee benefit acts.
<br />8. TERMINATION -AND :EXPIRATION.
<br />8,1. Termination for Tenant's Default, If Tenant fails to pay rent or any other sums to be
<br />paid by Tenant hereunder, Tenant shall have thirty (30) days after written notice is given Tenant to
<br />cure the default. If any default by Tenant shall continue uncured following notice of default as required
<br />by this Agreement, City shall have the right to immediately terminate this Agreement in addition to all
<br />other rights and remedies provided by law or equity to which City may resort cumulatively or in the
<br />alternative,
<br />8,2 Tenant's Duty to Surrender, At the expiration or earlier termination of the term of
<br />The Agreement, Tenant shall surrender to City in as good condition and repair as of the Effective Date,
<br />the possession of the Premises. If Tenant fails to surrender the Premises at the expiration or sooner
<br />termination of this Agreement, Tenant shall defend and indemnify City from all liability and expense
<br />resulting from the delay or failure to surrender, including, without limitation, claims made by any
<br />succeeding tenant or Tenant or resulting from Tenant's failure to surrender.
<br />8.3 Holding Over. If Tenant shall continue to occupy or possess the Premises after the
<br />termination of this Agreement without the consent of City, then unless City and Tenant have otherwise
<br />agreed in writing, Tenant shall be a tenant on a month -to -month basis, All the terms, provision and
<br />conditions of this Agreement shall apply to this month -to -month tenancy except those terms, provisions
<br />and conditions pertaining to the term, and except that the monthly rent shall be immediately adjusted
<br />upward upon the expiration or termination of this Agreement to equal three hundred percent (300%)
<br />of the monthly rent for the Premises in effect under this Agreement during the month which includes
<br />the day immediately prior to the date of the expiration or termination of this Agreement. This month -
<br />to -month tenancy inay be terminated by City or Tenant upon thirty (30) days' prior notice to the non-
<br />terminating Party. In the event Tenant fails to surrender the Premises upon such termination or
<br />Stephen Moor and Joshua Lindsey i-langar 25 6
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