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<br />B. Any personal property of Lessee or any subtenant which shall remain in the Improvements <br />or on the Leasehold Property after the termination of this Lease Agreement and the removal <br />of Lessee or such subtenant from the Improvements or Leasehold Property may, at the <br />option of the City, be deemed to have been abandoned by Lessee or such subtenant and <br />either may be retained by the City as its property or be disposed of, without accountability, <br />in such manner as the City may see fit, or if the City shall give written notice to Lessee to <br />such effect, such property shall be removed by Lessee at Lessee’s sole cost and expense. <br />C. If this Lease Agreement shall terminate pursuant to Section 6.3.E. or Section 9.2 of this <br />Lease Agreement, then, notwithstanding Sections 13.1.A. and 13.1.B. of this Lease <br />Agreement, Lessee or any subtenant shall have a reasonable time thereafter to remove any <br />property which it shall be entitled to remove pursuant to Section 13.1.B of this Lease <br />Agreement. <br />D. The City shall not be responsible for any loss or damage occurring to any property owned <br />by Lessee or any subtenant. <br />ARTICLE 14 <br />MISCELLANEOUS <br />Section 14.1 Indemnification of the City. Except with respect to bad faith and willful <br />misconduct by the City, its officials, employees or agents, Lessee will indemnify and hold harmless <br />the City, its governing body members, officers, agents, and employees, from and against any <br />claims, losses, or damages of any kind whatsoever (including fees of attorneys) arising from <br />Lessee’s use of the Leasehold Property, Improvements, and Building (including any claims, losses <br />or damages arising from any sublessee’s or occupant’s use of such property) or arising from any <br />actions taken by any person or entity pursuant to this Lease Agreement. In particular, Lessee shall <br />defend, indemnify and hold the City (and its governing body members, officers, agents and <br />employees) harmless from and against any claims, losses, or damages arising from: any defect in <br />the Leasehold Property; any act, failure to act, or negligence of any person resulting in damages <br />or harm to any person on or about the Leasehold Property; any failure of Lessee to perform its <br />obligations pursuant to Section 7.9 hereof; or any actions taken by the City (or its governing body <br />members, officers, agents or employees) in good faith with respect to the Leasehold Property. <br />In case any action or proceeding is brought against the City by reason of any such claim, Lessee <br />upon notice from the City shall resist or defend such action or proceeding by counsel reasonably <br />satisfactory to the City. <br />Section 14.2 Estoppel Certificate. Lessee and the City shall, at any time and from time <br />to time upon not less than twenty (20) days’ prior notice by one party to the other, execute, <br />acknowledge, and deliver a statement in writing certifying that this Lease Agreement is <br />unmodified and in full force and effect (or if there shall have been modifications that this Lease <br />Agreement is in full force and effect as modified and stating the modifications), and the dates to <br />which the rent and Additional Rent have been paid in advance, if any, and stating whether or not <br />(to the best knowledge of the City and Lessee) the City or Lessee is in default in the performance <br />of any covenant, agreement or condition contained in this Lease Agreement and, if so, specifying <br />each such default of which the City or Lessee may have knowledge, it being intended that any such <br />17 <br />2067394.0015/184093281.2 <br /> <br />