|
C. If Tenant breaches the obligations stated in subparagraph (b) of this Section 4.4, or
<br />if the presence of Hazardous Materials on the Premises results in contamination of the Premises
<br />or the Airport, or if Hazardous Materials are otherwise discharged or released from the Premises,
<br />then Tenantshall indemnify, defend and hold City harmless from and against any and all claims,
<br />judgments, damages, penalties, fines, costs, liabilities and losses (including, without limitation,
<br />diminution in value of the Airport, damages for the loss or restriction on use of rentable or usable
<br />space or of any amenity of the Airport, damages arising from any adverse impact on marketing of
<br />space in the Airport, and sums paid in settlement of claims, attorneys' fees, consultant fees and
<br />expert fees) which arise during or after the term of this Agreement as a result of such breach,
<br />contamination, discharge or release. This indemnification of City by Tenant ineludes, without
<br />limitation, costs incurred in connection with any investigation of site conditions or any cleanup,
<br />remedial, removal or restoration work required by any federal, state or local governmental agency
<br />or political subdivision because of Hazardous Materials present in, on or ruder the Premises.
<br />Without limiting the foregoing, if the presence of any Hazardous Materials on the Premises
<br />results in any contamination of the Airport, or otherwise results in the release or discharge on,
<br />under or from the Premises of Hazardous Materials, Tenant shall promptly take all actions at its
<br />sole expense as are necessary to return the Airport to the condition existing prior to the
<br />introduction of any such Hazardous Materials to the Airport or to otherwise remove and/or abate
<br />the release or discharged Hazardous Materials; provided that City's approval of such actions shall
<br />first be obtained, which approval shall not be unreasonablywithheld so long as such actions
<br />would not potentially have any material adverse long-term or short-term effect on the Airport,
<br />will not unreasonably interfere with the use and enjoyment of other portions of the Airport, and
<br />will be performed in accordance with all Hazardous Materials Laws. Upon the termination of this
<br />Agreement, Tenant shall surrender the Premises to City free of any and all Hazardous Materials
<br />and in compliance with all Hazardous Materials Laws. This indemnification shall sun'ive the
<br />termination or expiration of this Agreement.
<br />4.5 Billboards and Signs. Tenant shall not construct, install, maintain, nor allow upon
<br />the Premises any billboards,signs, banners or like displays which may be placed in or upon any building
<br />or structure in such manner as to be visible from the outside thereof, except with the prior written consent
<br />of City.
<br />4.6 Waste: Nuisance. Tenant shall not use the Premises in any manner that will
<br />constitute waste, nuisance or unreasonable annoyance to owners or occupants of adjacent properties.
<br />Tenant shall not use the Premises for sleeping, washing clothes, cooking or the preparation of food,
<br />manufacture or mixing of anything that might emit any odor or objectionable noises or lights onto
<br />adjacent properties. Tenant shall not do anything on the Premises that will cause damage to the Premises.
<br />4_7 Access: Locks: Keys: Combinations: Tenant shall comply with all reasonable
<br />regulations and directives of City regarding access to the Premises. City may enter the Premises without
<br />permission of, or supervision by, Tenant for inspection or emergency purposes (i.e. lire, burglary,
<br />flooding, criminal activity, or other catastrophe) determined reasonably necessary by City or required by
<br />law, including but not limited to five-year tire sprinkler inspections, maintenance work that requires
<br />entrance by City, or any other reason to lawfully enter the Premises. City shall subsequently notify Tenant
<br />of any entry for emergency purposes and the reason for the catty if the Tenant was unable to supervise
<br />such entry. City reserves the right to limit Tenant's access to the Airport or the Premises, or both, due to
<br />any terrorist threat, civil unrest, any unsafe condition, or for the safety and protection of persons and
<br />property. City shall not be responsible for Tenant's inability to access the Airport or the Premises due to
<br />events or acts beyond the control of City. Tenant shall utilize City furnished set of locks for securing the
<br />Premises if available. If unavailable, Tenant shall furnish City's Airport Manager with a duplicate set of
<br />keys or lock combination for the locks securing the Premises. City shall secure keys and lock
<br />combinations from access or exposure by unauthorized individuals and will notify Tenant immediately in
<br />the event of any compromise of keys and lock combinations. If utilizing City provided locks, the Tenant
<br />shall notify the City immediately in the event of any compromise of keys and lock combinations. The
<br />City shall only be liable to Tenant for damage resulting from gross negligence in accessing Premises.
<br />448 Requests from Department. Tenant shall cooperate with any reasonable request
<br />from the City's Facilities & Community Services Department Director; or their designee, regarding use or
<br />operations at the Airport.
<br />5. MAINTENANCE AtiIERATIONS.
<br />5_1 As -Is Condition. Tenant hereby acknowledges that neither City nor anyone acting
<br />
|