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