4.7 SR 05-02-2022 - Laserfiche WebLink

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11. Damage to Lessee Pro en rtv All property belonging to Lessee, or any occupant of the Leased Premises shall be there at the risk of Lessee or such other person only, and the City shall not be liable for any damage thereto and Lessee waives all claims against the City for damages to persons or property sustained by Lessee or any occupant of the Leased Premises, except those claims arising from the gross negligence of the City, its agents or employees. 12. Covenants to Hold Harmless. Except in the case of the gross negligence of the City, its agents, or its employees, the Lessee agrees to save, hold harmless, and defend the City against any liability for damages, including reasonable attorneys' fees and costs, to any person or property in or about the Lease Premises. The City shall not be liable to the Lessee, its agents, employees, representatives, customers, or invitees for any personal injury, death, or damage to property caused by theft, accident, water, gas, electricity, fire, machinery or for any other cause occurring on or about the Leased Premises. All property kept, stored, or maintained on the Leased Premises shall be so kept, stored, or maintained at the sole risk of the Lessee. 13. Relationshi� of Parties. Nothing contained in this Lease shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between the City and Lessee, it being expressly understood and agreed that neither the payment of rent nor any act of the parties hereto shall be deemed to create any relationship between the City and Lessee other than the relationship of landlord and tenant. 14. Events of Default/Remedies. The following shall be an "Event of Default" under this Lease: (a) Lessee fails, neglects or refuses to make annual payment of rent at the time and in the amount as herein provided; (b) That any voluntary or involuntary petition or similar pleading under any section or sections of any bankruptcy act shall be filed by or against Lessee, or any voluntary or involuntary proceeding in any court or tribunal shall be instituted to declare Lessee insolvent or unable to pay Lessee's debts, and the same shall not be dismissed or discharged within thirty (30) days after notice thereof in writing given to Lessee by the City; (c) Lessee fails, neglects or refuses to keep and perform any of the other covenants, conditions, stipulations or agreements herein contained and covenanted and agreed to be kept and performed by it, and in the event such default shall continue for a period of more than thirty (30) days after notice thereof in writing given to Lessee by the City; (d) Lessee makes any assignment of its property for the benefit of creditors or should the Leased Premises be taken under a levy or execution or attachment in an action against Lessee and such levy, attachment or assignment is not dismissed and discharged within thirty (30) days after written notice thereof to Lessee by the City.