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Term against all parties or will permit the Lessee, in its own name and on its own behalf, or to
<br />the extent lawful, in the City's name and on its behalf, to defend that possession and enjoyment.
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<br /> Section 9.8. Right of Access. The Lessee covenants and agrees that, subject to
<br />reasonable 'security regulations and to reasonable requirements as to notice, the City and the
<br />Trustee and their or either of their duly authorized agents, will have the right at all reasonable
<br />times to enter upon, examine and inspect the Leased Premises, although the City and the Trustee
<br />do not have the obligation to do so.
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<br /> Section 9.9. Indemnification. The Lessee (i) releases the City from, (ii)
<br />covenants and agrees that the City will not be liable for, and (iii) covenants and agrees to
<br />indemnify the City against all liabilities, claims, costs, losses and expenses imposed upon or
<br />asserted against the City on account of
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<br /> (a) any loss or damage to property, or injury to, death of or loss by any
<br />person,, that may be occasioned by any cause whatsoever pertaining to the
<br />acquisition, construction, improvement, equipping, maintenance, operation or use
<br />of the Leased Premises or occurring otherwise in or about the Leased Premises;
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<br /> (b) any breach or default on the part of the Lessee in the observance or
<br />performance of any covenant, agreement or obligation of the Lessee under the
<br />Lease or arising from the acquisition, construction, improvement, equipping,
<br />maintenance, operation or use of the Leased Premises, or from any act or failure
<br />to act by the Lessee or any of its agents, contractors, servants, employees or
<br />licensees;
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<br />(c) ownership or lease of any interest in the Leased Premises; and
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<br /> (d) any action, claim or proceeding brought in connection with any of the
<br />foregoing;
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<br />· provided, however, that indemnification under this Section shall not extend to damages resulting
<br /> from intentional acts of the City which are not related to its capacity as the issuer of the Bonds.
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<br /> The Lessee covenants and agrees to indemnify the Trustees for and to hold the
<br />Trustees harmless against all liabilities, claims, costs, losses and expenses incurred without
<br />negligence or bad faith on the part of the Trustees on account of any action taken or omitted to
<br />be taken by the Trustees in accordance with the terms of this Lease, the Indentures or the Bonds,
<br />or at the request of or with the consent of the Lessee, including without limitation, the costs and
<br />expenses of the Trustees in defending itself against any action, claim or proceeding in connection
<br />with any of the foregoing.
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<br /> In case any action, claim or prOceeding is brought or asserted against the City or
<br />a Trustee in respect of which indemnification may be sought hereunder, the City or the Trustee,
<br />as the case may be, shall give notice prOmptly thereof to the Lessee. Upon receipt of that
<br />notice, the Lessee shall have the obligation and the right to assume the defense of the action,
<br />claim or proceeding; provided that failure of the City or the Trustee to give that notice shall not
<br />relieve the Lessee from any of its covenants, agreements or obligations under this Section unless
<br />that failure prejudices the defense by the LesSee of the action, claim or proceeding. At its own
<br />expense, an indemnified party may employ separate counsel and may participate in the defense.
<br />The Lessee shall not be liable for any settlement made without its consent.
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<br /> The release and indemnification set forth in this Section are intended to and shall
<br />include the indemnification of all affected officials, directors, officers and employees of the City
<br />and the Trustees, respectively. The release and indemnification are intended to and shall be
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