|
<br />
<br />BOWERS FIELD KITTITAS COUNTY AIRPORT
<br />
<br />
<br />
<br />LESSEE INITIAL__________ LESSOR INIT IAL__________
<br />
<br /> PAGE 9
<br />agents, and representatives from and against any and all claims of third parties
<br />arising from LESSEE’s use and occupation of the Premises, or from the conduct of
<br />LESSEE’s business, or from any activity, work, or things done, permitted, or suffered
<br />by LESSEE, or LESSEE’S directors, officials, officers, employees, agents, clients,
<br />invitees, guests and representatives in or about the Premises; and, further, subject
<br />to the provisions of Section 9.2 above, LESSEE will indemnify, defend, and hold
<br />harmless LESSOR and LESSOR’s elected and appointed officials, employees,
<br />agents, and representatives from and against any and all other injuries, deaths,
<br />claims, losses, damages, and/or other liabilities on or about the Premises caused by
<br />the negligent act or omission or intentional misconduct of LESSEE or LESSEE’s
<br />directors, officials, officers, agent(s), employee(s), invitees, clients, guests, or
<br />representative(s). The liability of LESSEE, and any indemnities provided by LESSEE
<br />under this paragraph, will not extend to hazardous materials that were not placed in,
<br />on, or about the Premises by LESSEE, or by any of LESSEE’s officials, officers,
<br />agents, employees, representatives, or invitees.
<br />
<br />9.4 INDEMNIFICATION BY LANDLORD.
<br />
<br />Except when caused by the negligent act or omission or intentional misconduct of
<br />LESSEE or LESSEE’s directors, officials, officers, agent(s), employee(s), guests,
<br />invitees, clients, or representative(s), but subject to the provisions of Section 9.2
<br />above, LESSOR will be responsible for and indemnify, defend, and hold harmless
<br />LESSEE and LESSEE’s directors, officials, officers, employees, agents, guests,
<br />invitees, clients, and representatives from and against any and all claims arising from
<br />any breach of or default in the performance of any obligation of LESSOR’s part to be
<br />performed under the terms of this Lease; and, further, subject to the provisions of
<br />Section 9.2 above, LESSOR will be responsible for and will indemnify, defend, and
<br />hold harmless LESSEE and LESSEE’s directors, officials, officers, employees,
<br />agents, clients, guests, invitees, and representatives from and against any all other
<br />injuries, deaths, claims, losses, damages, and/or other liabilities on or about the
<br />Premises caused by the negligent act or omission or intentional misconduct of
<br />LESSOR or LESSOR’s directors, officials, officers, agent(s), employee(s), invitees,
<br />clients, guests, or representative(s). The liability of LESSOR, and any indemnities
<br />provided by LESSOR under this paragraph, will not extend to hazardous materials
<br />that were not placed in, on, or about the Premises by LESSOR, or by any of
<br />LESSOR’s elected or appointed officials, agents, employees, representatives, or
<br />invitees.
<br />
<br />9.5 ADDITIONAL INDEMNIFICATION PROVISIONS.
<br />
<br />Each party to this Lease (“Indemnifying Party”) shall indemnify, defend, and hold
<br />harmless the other party to this Lease (the “Indemnified Party”) from and against all
<br />claims asserted by persons not parties to this Lease arising from or relating to the
<br />Indemnifying Party’s breach of this Lease, negligence, intentional misconduct, or
<br />violation of law.
<br />
|