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• 9. Utilities and Services. <br /> The City will supply heat and air conditioning appropriate to the season during <br /> Normal Business Hours. The City will not be liable for any loss or damage <br /> resulting from any temporary interruption of these services. <br /> 10. Relocation. <br /> The City may, at its expense, relocate Tenant in substitute space in Apache Wells <br /> upon 10 days' written notice to Tenant specifying the effective date of the <br /> relocation. <br /> 11. Assumption of Risks. <br /> Tenant assumes all risk of loss or damage of Tenant's property within the Leased <br /> Space, including any loss or damage caused by water leakage, fire, windstorm, <br /> explosion, theft, or other cause. The City will not be liable to Tenant, or those <br /> claiming through Tenant, for injury, death or property damage or loss occurring in <br /> the Leased Space. <br /> 12. Indemnification and Insurance. <br /> • Tenant will indemnify the City and its Councilmembers, City Manager, Liquor <br /> Manager, and all officers, agents and employees against all claims, demands and <br /> actions, and all related costs and expenses (including attorneys' fees) for injury, <br /> death, disability or illness of any person, or damage to, or loss of, property, <br /> occurring in the Leased Space or arising out of Tenant's use of the Leased Space, <br /> except to the extent caused by the willful misconduct or negligence of the City or <br /> someone acting on its behalf. Tenant will obtain and maintain comprehensive <br /> public liability insurance, at its expense, insuring its activities in Apache Wells. <br /> Prior to Tenant's occupancy of the Leased Space, Tenant will deliver the liability <br /> insurance policy or a certificate by the insurer showing the coverage to be in effect <br /> with premiums paid. <br /> 13. Assignment and Subletting., <br /> Tenant may not transfer, assign, or mortgage this Lease or any interest of Tenant <br /> under this Lease or sublet the Leased Space or any part of the Leased Space, <br /> without the City's prior written consent, and this Lease will not be assignable by <br /> operation of law without the City's written consent. <br /> • 3 <br />