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<br />It <br /> <br />e <br /> <br />Lessee. <br /> <br />10. Upon termination of this Agreement and Lease at the expiration <br />of the term or for any other reason or cause, the Lessee shall have <br />the right to remove any structures or other improvements and all <br />machinery, fixtures, apparatus and equipment owned by the Lessee <br />and located on the Leased Premises for a period of 120 days after <br />said termination date and upon payment of rentals as provided in <br />Article III hereof to the date of removal of said improvements. <br />The Lessor shall be entitled to have the Lease Premises herein <br />demised returned to it clear of all improvements owned by the <br />Lessee and may require the Lessee to make such restoration by <br />written notification within 120 days following termination of this <br />Agreement and Lease; and, in the event of the failure by the Lessee <br />to restore the Leased Premises as herein required, within 120 days <br />of said written notification, then the Lessor may make such <br />restoration at the Lessee's expense. In the event that Lessee does <br />not remove all said improvements or equipment, and the Lessor <br />elects not to require said restoration of the Leased Premises, then <br />upon the expiration of 120 days from the date of termination of <br />this Agreement and Lease, all structures or other improvements and <br />all machinery, fixtures, apparatus and equipment located on the <br />Leased Premises shall become the property of the Lessor. <br /> <br />ARTICLE VII - INDEMNIFICATION AND INSURANCE <br /> <br />1. The Lessee covenants and agrees to indemnify and save harmless <br />the City of La Porte, its officers, agents and employees, their <br />successors and assigns, individually or collectively, from and <br />against all liability for any fines, claims, suits, liens, demands, <br />actions or cause of action of any kind or nature for personal <br />injury or death, or property damage in any way arising out of or <br />resul ting from any acti vi ty or operation of the Lessee on the <br />Leased Premises or in connection with its use of the Leased <br />Premises, and the Lessee further agrees to pay all expenses in <br />defending against any such claims made against the Lessor, <br />including reasonable attorney's fees; provided, however, that the <br />Lessee shall not be liable for any injury, damage or loss <br />occasioned by the sole negligence or willful misconduct of the <br />Lessor, its agents or employees. The Lessee and the Lessor shall <br />give prompt and timely notice of any claim made or suit instituted <br />which, in any way, directly or indirectly, contingently or <br />otherwise, affects or might affect either party. If the Lessee <br />fails, after written notice from Lessor, to so save harmless and <br />indemnify Lessor, Lessor shall have the right, in addition to its <br />other legal remedies, to declare a default in Lessee's obligation <br />to fulfill and comply with the terms and conditions of this Lease, <br />and Lessor may then proceed to termination of the Lease pursuant <br />to Article IX hereof. <br /> <br />2. The Lessee shall procure and maintain in effect during the <br />term of this Agreement and Lease insurance with companies licensed <br /> <br />8 <br />