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2021-195-resolution
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04. April
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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
Metadata
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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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8.2 Indemnity by LESSOR: <br />Subject to the provisions of Section 8.4 below, LESSOR will save and hold LESSEE, <br />and LESSEE,'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 LESSEE or arising from any injury to any person or loss of or damage to <br />any propefty caused by or resulting from any negligent act or omission or willful <br />misconduct of LESSOR or of LESSOR's Associates in 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 LESSOR's part to be performed under the terms of <br />this LEASE and from and against all costs, reasonable attorneys' fees, expenses and <br />liabilities incurred in or about such claim or any action or proceeding brought thereon. <br />Neither LESSEE nor LESSEE's Associates shall be liable for any loss or damage to <br />persons or property sustained by LESSOR, or other persons, which may be caused by <br />the AIRPORT, or any appurtenances thereto, being out of repair, or by theft or by any <br />act of neglect oromission of LESSOR or LESSOR's Associates, or of any other person, <br />or by any other cause of whatsoever nature, unless caused by the negligence of LESSEE <br />or LESSEE's Associates. <br />8.3 LESSEE'S Use: <br />LESSEE shall indemniff and hold harmless LESSOR and LESSOR's Associates <br />against and from any and all claims, liability, obligation, cost or expense, including <br />attorneys' fees, incurred or arising from or by reason of the use of the PREMISES by <br />LESSEE or LESSEE's Associates from any activity, work, or thing done, permitted or <br />suffered by the LESSEE or LESSEE's Associates in or about the PREMISES, and shall <br />further indemnify and hold harmless LESSOR and LESSOR's Associates against and <br />from any and all claims, liabilities, costs, obligations and expenses, including attorneys' <br />fees, arising from or incuned by reason of any breach or default in the performance of <br />any obligation on LESSEE's part to be performed under the terms ofthis LEASE and <br />from and against all costs, attorneys' fees, expenses and liabilities incurred in or about <br />such claim or any action or proceeding brought thereon. <br />8.4 Concurrent Negligence: <br />Notwithstanding the provisions of Sections 8.1 or 8.2 above, in the event of the <br />concurrent negligence ofthe LESSEE and LESSEE's Associates on the one hand and <br />that of LESSOR and LESSOR's Associates on the other hand, which concunent <br />negligence results in injury or damage to persons or property and relates to the use, <br />occupation, construction, alteration, repair, addition to, subtraction from, improvement <br />to or maintenance ofthe PREMISES. then: <br />LESSEB nW <br />A^M <br />t2 LESSOR
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