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2021-195-resolution
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2023-04-04 10:00 AM - Commissioners' Agenda
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2021-195-resolution
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Last modified
3/30/2023 12:11:13 PM
Creation date
3/30/2023 12:10:20 PM
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Meeting
Date
4/4/2023
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Item
Request to Approve a Resolution Authorizing an Amendment of the Merrill Lease to Reflect the Correct Legal Description and Annual Lease Price of the Real Property Leased at the Bowers Field Airport
Order
18
Placement
Consent Agenda
Row ID
101486
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7.1 Cleanup Costso Default and Indemnification: <br />LESSEE shall be fully and completely liable to LESSOR and shall indemni$,, defend and <br />save LESSOR harmless from any and all cleanup costs, and any and all other charges, fees, <br />penalties (civil and criminal) irnposed by any governmental authority with respect to <br />LESSEE's unauthorized, negligent or illegal use, handling, disposal, transportation, <br />generation and/or disposal of HAZARDOUS SUBSTANCES, in or about the PREMISES. <br />Upon LESSEE's default under this Section 7, in addition to the rights and remedies set forth <br />elsewhere in this LEASE, LESSOR shall be entitled to the following rights and remedies: <br />A. At LESSOR's option, to exercise the remedies under the procedures set foth in <br />Section 12; and <br />B. To recover any and all damages associated with the default, including, but not <br />Iimited to cleanup costs and charges, civil and criminal penalties and fees, loss of <br />AIRPORT revenue by LESSOR" any and alldamages and claims asserted by <br />third parties and LESSOR's attomeys' and consultants' fees and costs. <br />7.2 Survival <br />The provisions of Section 7 shall survive the expiration or earlier termination of this <br />LEASE. <br />8. INDEMNITY AND INSURANCE: <br />8.1 Indemnity by LESSEE: <br />Subject to the provisions of Section 8.4 below, LESSEE will save and hold LESSOR, <br />and LESSOR's Associates harmless from and against all loss, damage, liability or <br />expense, including reasonable attorneys' fees, resulting from, claimed by or against or <br />incurred by LESSOR or arising from any injury to any person or loss of or damage to <br />any property caused by or resulting from any negligent act or omission or willful <br />misconduct of LESSEE or LESSEE's Associates in, on or about the PREMISES or <br />AIRPORT or arising from or incurred by reason of any breach or default in the <br />performance of any obligation on LESSEE's part to be performed under the terms of this <br />LEASE and from and against allcosts, reasonable attomeys' fees, expenses and <br />liabilities incurred in or about such claim or any action or proceeding brought thereon. <br />Neither LESSOR nor LESSOR's Associates shall be liable for any loss or damage to <br />persons or property sustained by LESSEE, or other persons, which may be caused by the <br />PREMISES, or any appurtenances thereto, being out of repair, or by theft or by any act <br />of neglect or omission of LESSEE or LESSEE's Associates, or of any other person, or <br />by any other cause of whatsoever nature, unless caused by the negligence of LESSOR or <br />LESSOR's Associates. <br />LEssEE d* <br />tMuvl, <br />l1 LESSOR R,^)
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