1997-10-20 Special Called Regular and Workshop Meeting of City Council

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e e expense. Any underground tanks on the Prior Lease Area shall be removed in accordance with Federal and state of Texas regulations. The fuel tanks may be abandoned in place, if approved by the TNRCC and the EPA. ARTICLE VII - INDEMNIFICATION AND INSURANCE 1. The Lessee covenants and agrees to indemnify and save harmless the city of La Porte, its officers, agents and employees, their successors and assigns , individually or collectively, from and against all liability for any fines, claims, suits, liens, demands, actions or cause of action of any kind or nature for personal injury or death, or property damage in any way arising out of or resul ting from any acti vi ty or operation of the Lessee on the Leased Premises or in connection with its use of the Leased Premises, and the Lessee further agrees to pay all expenses in defending against any such claims made against the Lessor, including reasonable attorney's fees; provided, however, that the Lessee shall not be liable for any injury, damage or loss occasioned by the sole negligence or willful misconduct of the Lessor, its agents or employees. The Lessee and the Lessor shall give prompt and timely notice of any claim made or suit instituted which, in any way, directly or indirectly, contingently or otherwise, affects or might affect either party. If the Lessee fails, after written notice from Lessor, to so save harmless and indemnify Lessor, Lessor shall have the right, in addition to its other legal remedies, to declare a default in Lessee's obligation to fulfill and comply with the terms and conditions of this Lease, and Lessor may then proceed to termination of the Lease pursuant to Article IX hereof. 2. The Lessee shall procure and maintain in effect during the term of this Agreement and Lease insurance with companies licensed to do business in the State of Texas, and naming the Lessor as an additional insured and containing a cross liability agreement, providing the following coverages: AIRCRAFT LIABILITY Bodily Injury One Hundred Thousand Dollars ($100,000) each person One Million Dollars ($1,000,000) each accident Five Hundred Thousand Dollars ($500,000) each accident Property Damage Passenger Legal Liability One Hundred Thousand Dollars ($100,000) each passenger seat Or alternatively a single limit legal liability policy (public liability and property damage) of not less than One Million Dollars ($1,000,000) which may include a limit of One Hundred Thousand Dollars ($100,000) each person. 11