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8. Termination.
<br /> a. This Lease may be terminated by either Party on default of any material term
<br /> or condition by the other Party on written notice of default if the default is not cured within
<br /> one hundred twenty (120) days following receipt of the notice. The notice shall provide a
<br /> reasonably detailed description of the default. The Party providing the written notice of
<br /> default may state a longer period to cure the default in the notice.
<br /> b. The Lessee may terminate at any time by providing written notice of
<br /> termination to the Lessor. In such event, termination shall be effective ninety (90) days
<br /> following Lessor's receipt of the notice.
<br /> 9. Taxes. Lessee shall pay all personal property taxes, leasehold taxes, other taxes
<br /> and assessments, if any, assessed on, or any portion of, the Community Solar Project or
<br /> Lessee's use of the Premises. Lessor shall pay, when due, all real property taxes and all other
<br /> fees and assessments, if any, attributable to the Property.
<br /> 10. Utilities. Except for water, the Lessee shall furnish and pay for all charges for
<br /> electricity, telephone, garbage removal, and other utility services for the Premises. Annual rent
<br /> shall include consideration for Lessee to access and utilize water by a 3/4"or 1"service at a location
<br /> designated by Lessor from water sources owned, operated, and maintained by Lessor located on
<br /> the Property no more than four times a year(unless the Lessor otherwise approves)for the purpose
<br /> of cleaning the Community Solar Project and maintaining the Premises. Lessee shall also provide
<br /> for security services at its own expense.
<br /> 11. Insurance. Each Party shall maintain its own insurance and/or self-insurance for its
<br /> liabilities from damage to property and or injuries to persons arising out of its activities associated
<br /> with this Lease as it deems reasonably appropriate and prudent. The maintenance of, or lack
<br /> thereof of insurance and/or self-insurance shall not limit the liability of the indemnifying Party to
<br /> the indemnified Party.
<br /> 12. Indemnification and Hold Harmless.
<br /> a. Lessee's Indemnification of Lessor. The Lessee shall indemnify, defend and hold
<br /> harmless the Lessor, its officers, appointed and elected officials, employees and agents, from and
<br /> against all claims,actions,suits,liability,loss,expenses,fines,penalties,refunds,reimbursements,
<br /> damages and judgments of any nature whatsoever, including costs and reasonable attorneys' fees
<br /> in defense thereof, for injury, sickness, liability or death to persons or damage to property or
<br /> business,(collectively referred to as"Damages")to the extent caused by or arising out of negligent
<br /> or intentional acts, errors or omissions of the Lessee, its officers, officials, contractors, employees
<br /> or agents arising out of or relating to Lessee's occupancy or use of the Property or the Premises,
<br /> including without limitation Lessee's installation, operation, maintenance and/or repair of the
<br /> Community Solar Project; provided, that in the event of the concurrent negligence of the Parties,
<br /> the Lessee's obligations hereunder shall apply only to the percentage of fault attributable to the
<br /> Lessee, its officers, officials, contractors, employees and/or agents.
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