03/22/2010 Council Packet - Laserfiche WebLink

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7. INDEMNITY: Lessee agrees to indemnify, defend and hold Lessor harmless from and against any and all claims, actions, liability, and damages of every kind and nature, and from and against all costs and expenses, including reasonable attorneys fees, arising out of any occurrence on or about the Premises, or occasioned wholly or in part by the use and occupancy of the Premises, or from any breach or default by Lessee under this Lease, or from any act or omission or negligence of Lessee, its agents, employees, licensees, or invitees, in or about the Premises. In the event of any action or proceeding brought against Lessor, by reason of any such claim, upon notice from Lessor, Lessee covenants to defend such action or proceeding by counsel satisfactory to Lessor. 8. NON - LIABILITY OF LESSOR: Except in the event of negligence of Lessor, its agents, employees, or contractors, Lessor shall not be liable for any loss or damage resulting from or caused by any failure to furnish heat, electricity, water, gas, air conditioning or sprinkler system, nor for any consequential damage arising from interruption of any utility or services, nor shall Lessor be liable for personal injury, death, or any damage from any cause about the Premises or the Building. 9. ASSIGNMENT: Lessee shall not assign or transfer any of its rights under this Lease or sublease any part of the Premises. 10. DEFAULT: a. Should any voluntary or involuntary petition in bankruptcy be filed by or against Lessee, Lessor may, by written notice to Lessee, immediately terminate this Lease and terminate Lessee's right to possession of the Premises. If Lessee does not voluntarily quit the Premises upon receipt of notice of termination, Lessor may, in its discretion, recover sole possession of the Premises in an eviction (unlawful detainer) proceeding, and recover from Lessee all attorney fees, costs, and expenses relating to such proceeding. In addition, Lessor shall be entitled to recover all damages and other claims arising prior to the date of termination, including without limitation, all rent due through the end of the month of termination, damages, and attorney fees. b. If Lessee defaults in the payment of Rent or Utilities and Services, and such default continues for 20 days after Lessor's written notice thereof to Lessee, or Lessee defaults in the prompt and full performance of any other provision of this Lease and such default • •