|
<br />procure equipment, facilities, materials, or supplies in the open market, failure of power, failure of
<br />transportation, strikes, lockouts, actions of labor unions, requisition, order of government, or order of
<br />civil or military authority.
<br />
<br /> NOTICE.
<br />26.Wherever in this Lease any notice, consent or approval is required to be given
<br />or made, it shall be given by facsimile transmission, or by personal delivery or by registered or certified
<br />mail, postage prepaid, addressed to the Lessor or Lessee at the address shown below, or any subsequent
<br />address as may hereinafter be directed by appropriate notice to the other party.
<br />
<br />If to Lessor: City of University City
<br /> 6801 Delmar Blvd.
<br /> University City, MO 63130
<br /> Attention: City Manager
<br />
<br />If to Lessee: Friends of the Green Center
<br /> 8025 Blackberry Avenue
<br /> University City, MO 63130
<br /> Attention: Executive Director
<br />
<br />QUIET POSSESSION.
<br />27. Lessor warrants and covenants that so long as Lessee shall
<br />observe and perform the covenants, warrants and agreements binding on it hereunder, Lessee at all
<br />times during the term hereof shall peacefully and quietly have and enjoy possession of the Premises.
<br />
<br />SUCCESSORS AND ASSIGNS.
<br />28. This Lease shall inure to the benefit of and be binding
<br />upon Lessor and Lessee and their respective successors and assigns.
<br />
<br />RELEASE.
<br />29. Lessee hereby, on behalf of itself and its agents, directors, employees, officers
<br />and contractors (hereinafter, “Lessee’s People” shall refer to Lessee’s agents, directors, employees,
<br />officers and contractors, and “Lessor’s People” shall refer to Lessor’s agents, employees, officers, and
<br />contractors), waives all claims against Lessor and Lessor’s People for damage to any property, or loss
<br />of business, or injury to, or death of any person (a) arising from or as a result of the negligence of
<br />Lessor or Lessor’s People; and (b) arising in, upon or about the Premises and any other part of the
<br />grounds of Kaufman Park not included within the Premises; and (c) arising from or relating to the use
<br />by Lessee or Lessee’s People of the Premises or any other part of the grounds of Kaufman Park not
<br />included within the Premises.
<br />
<br />INDEMNIFICATION.
<br />30. To the fullest extent permitted by law, Lessee hereby agrees to
<br />defend, indemnify and hold Lessor and Lessor’s People harmless against and from any and all claims
<br />arising from Lessee’s use of the Premises or the conduct of its operations or from any activity, work, or
<br />thing done, permitted or suffered by Lessee’s invitees, or Lessee’s People, in or about the Premises or
<br />elsewhere, excepting claims resulting from willful misconduct of Lessor or Lessor’s People, and Lessee
<br />hereby agrees to further indemnify and hold harmless Lessor and Lessor’s People against and from any
<br />and all claims arising from any breach or default in the performance of any obligation on Lessee’s part
<br />to be performed under the terms of this Lease or arising from any act, neglect, fault or omission of
<br />Lessee or Lessee’s People, and from and against all costs, attorney’s fees, expenses and liabilities
<br />incurred in or about such claim or any action or proceeding brought thereon; and in case any action or
<br />proceeding be brought against Lessor or Lessor’s People by reason of any such claim, Lessee, upon
<br />notice from Lessor, hereby agrees to defend the same at Lessee’s expense by counsel approved in
<br />writing by Lessor.
<br />H-5-j
<br />
<br />September 24, 2007
<br />
<br />
|