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the right to contest, Lessee must cause any such lien to be discharged of record by payment, deposit, <br />bond, order of a court, or otherwise. Lessee has the right at its own cost to contest the validity or amount <br />of any lien by appropriate proceedings timely instituted. However, if based upon the City or Lessee's <br />good faith judgment, it is determined that nonpayment of any liens created by Lessee will materially <br />endanger or subject the City or Lessee's interests in the Property to loss or forfeiture, then Lessee must <br />promptly cause those liens to be discharged. In the event that Lessee does contest the validity or amount <br />of any such lien by appropriate proceedings timely instituted, Lessee must obtain a bond or provide other <br />financial assurance in form and amount satisfactory to the City with respect to that lien for the period of <br />the contest. Lessee must satisfy and discharge any judgment entered in connection with any such liens and <br />save the City harmless from any claims or damages. <br />Section 8. Indemnification. <br />Throughout the Term, Lessee shall indemnify and hold harmless the City against and from all <br />liability, suits, claims, demands and costs (including, without limitation, reasonable costs of attorneys' <br />fees) by or on behalf of any person, firm or corporation resulting from (a) any breach or default on the <br />part of Lessee in the performance of any of its obligations under this Lease Agreement; (b) any personal <br />injury or death or property damage caused by or resulting from the use or occupancy of the Property by <br />Lessee or by any agent, contractor, employee, licensee or invitee of Lessee or of anyone claiming under <br />Lessee; and (c) any personal injury or death or property damage occurring on or about the Property and <br />caused by the willful or negligent act or omission of Lessee or any agent, contractor, employee, licensee <br />or invitee of Lessee or of anyone claiming under Lessee. Upon notice from the City, Lessee shall defend <br />the City in any action or proceeding brought with respect to a claim indemnified against in this Section 8. <br />NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY WITH THE <br />EXCEPTION OF THE SPECIFIC INDEMNITIES CONTAINED IN THE PRECEDING <br />PARAGRAPH, IN NO EVENT SHALL THE CITY OR LESSEE BE LIABLE TO THE OTHER <br />PARTY OR THEIR RESPECTIVE INDEMNITEES PURSUANT TO THE TERMS AND <br />CONDITIONS OF THIS LEASE FOR ANY PUNITIVE, SPECULATIVE OR CONSEQUENTIAL <br />DAMAGES. THE TERMS AND PROVISIONS OF THIS SECTION SHALL SURVIVE THE <br />EXPIRATION AND/OR EARLIER TERMINATION OF THIS LEASE. <br />Section 9. Waste. <br />Lessee may not cause any waste to the Property. <br />Section 10. Assignment. <br />During this Lease Agreement, Lessee will not have the right to sell, assign, or transfer this Lease, <br />nor its interest in the Property to any person, firm, or other entity. <br />Section 11. Condemnation. <br />The City is entitled to any proceeds relating to its ownership of the Property that would result <br />from a condemnation of all or a portion of the Property during the Term of this Lease Agreement. <br />Lessee is entitled to any proceeds relating to its tenancy of the Property that would result from a <br />condemnation of all or a portion of the Property during the Term of this Lease Agreement. <br />Section 12. Quiet Enjoyment. <br />3 <br />