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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 <br />or expenses including, without limitation, attorneys' fees (including fees for use of in-house counsel <br />by a Party), witness costs and court costs that may be asserted by any person or entity, including <br />Tenant, 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 <br />Premises or the Airport not allowed under this Agreement. <br />7.1.2 Breach by Tenant. Any breach by Tenant of the terms, covenants or <br />conditions 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 <br />required by this Agreement, City shall have the right to immediately terminate this Agreement in <br />addition to all other rights and remedies provided by law or equity to which City may resort <br />cumulatively or in the 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 <br />Date, the possession of the Premises. If Tenant fails to surrender the Premises at the expiration or <br />sooner termination of this Agreement, Tenant shall defend and indemnify City from all liability and <br />expense resulting from the delay or failure to surrender, including, without limitation, claims made <br />by any 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 <br />otherwise agreed in writing, Tenant shall be a tenant on a month -to -month basis. All the terms, <br />provision and conditions of this Agreement shall apply to this month -to -month tenancy except those <br />terms, provisions and conditions pertaining to the term, and except that the monthly rent shall be <br />immediately adjusted upward upon the expiration or termination of this Agreement to equal three <br />hundred percent (300%) of the monthly rent for the Premises in effect under this Agreement during <br />the month which includes the day immediately prior to the date of the expiration or termination of <br />this Agreement. This month -to -month tenancy may be terminated by City or Tenant upon thirty (30) <br />days' prior notice to the non -terminating Party. In the event Tenant fails to surrender the Premises <br />Redlands Flying Club Hangar # l3 6 <br />