|
expense. Upon termination of this Lease, if Lessor elects to not retain Lessee's alterations and
<br /> improvements, Lessee shall remove such improvements installed by Lessee and restore the
<br /> Premises to its original condition not later than the termination date, at Lessee's sole cost and
<br /> expense. Any such improvements not so removed shall be removed at Lessee's expense
<br /> including the cost to repair any damage caused by such removal. All alterations and
<br /> improvements made to the Premises by either the Lessor or Lessee shall become part of the
<br /> building and shall remain on the Premises at the option of the Lessor without compensation to
<br /> the Lessee.
<br /> 6. LIENS. In the event the Premises shall at any time during the term of this lease
<br /> become subject to any suit brought to enforce a lien or any statement or claim of lien filed to
<br /> enforce a lien resulting from the furnishing of materials or labor to Lessee on the Premises,
<br /> Lessee may contest such lien by legal proceedings but shall, in any event, cause such lien, at its
<br /> sole cost, to be discharged within thirty(30) days after notice thereof by the substitution
<br /> therefore of a mechanic's lien release bond,by posting of adequate security for the payment
<br /> thereof(including all expenses incident thereto), or by such other method as shall be reasonably
<br /> satisfactory to Lessor.
<br /> 7. HOLD HARMLESS CLAUSE. Lessee agrees to and does hereby indemnify and
<br /> hold Lessor and the property of Lessor free and harmless from and against any and all claims,
<br /> actions, demands, suits, losses or liability resulting at any time from injury to or death of any
<br /> person or persons, and/or damage to any and all property occurring from the negligence or other
<br /> fault or omission of Lessee, its agents, servants, employees, subcontractors or sublicensees, in or
<br /> about the leased site, or resulting from any non-compliance with any law, ordinance or regulation
<br /> respecting the condition,use or occupation of the leased site or any part thereof, or arising or
<br /> resulting from the exercise by Lessee of any of its rights under the terms of this Lease. Without
<br /> limiting the generality of the foregoing, the within indemnification by Lessee of Lessor shall
<br /> include indemnification from any claim, action, demand, cause of action, suit or proceeding and
<br /> said indemnification shall in all events include any and all attorney's fees, court costs and other
<br /> legal expenses, and shall include the obligation of Lessee to appear in and defend any and all
<br /> such claims, actions or other legal proceedings whether judicial, quasi-judicial, administrative or
<br /> otherwise, against or affecting Lessor arising out of or pertaining to the performance or non-
<br /> performance of any duty by Lessee under the terms and provisions of the within Lease.
<br /> This paragraph does not purport to indemnify the Lessor against liability for damages
<br /> arising out of bodily injury to persons or damages caused by or resulting from the sole
<br /> negligence of the Lessor, its officers, employees and agents; provided,that if the claims or
<br /> damages are caused by or result from the concurrent negligence of(a) the Lessor, its officers,
<br /> employees or agents, and(b) Lessee, its agents, servants, employees, officers, subcontractors,
<br /> sublicensees, sublessees, successors or assigns, this indemnity provision shall be valid and
<br /> enforceable to the extent permitted by law. The Lessee specifically and expressly waives any
<br /> immunity under Industrial Insurance, Title 51 R.C.W., and acknowledges that this waiver has
<br /> been mutually negotiated by the parties.
<br /> 2
<br />
|