RES 94045A - Laserfiche WebLink

(i) the use, maintenance, condition or management of, or from any work or thing done on, the Project by the City, (ii) any breach or default on the part of the City in the performance of any of the City's obligations under the Lease Agreement, (iii) any act of negligenceof the City or of any of its contractors, servants, employees or licensees with respect to the Project, or (iv) any act of negligence of any assignee or sublessee of the City, or of any agents, contractors, servants, employees or licensees of the assignee or sublessee of the City with respect to the Project, to the extent permitted by law. Indemnification for any tort mentioned in this Section shall be limited to the extent and in the amounts provided for by this Section or elsewhere in the Lease Agreement for willful misconduct or gross negligence under the Trust Agreement by the Trustee, and the Authority, their officers, agents, employees, successors or assigns. The City further covenants and agrees to indemnify and save the Trustee and the Authority harmless against any claim, loss, expense, advance, and liabilities which they may incur azising out of or in the exercise and performance or their powers and duties under the Trust Agreement and the Lease Agreement, including the costs and expenses (including attorneys fees and disbursements) of defending against any claim of liability or enforcing any remedies, and which aze not due to their respective negligence or willful misconduct. The City further covenants and agrees to advance to the Trustee and the Authority the City's shaze of the amounts requested as the costs and expenses of such defense. My and all special obligations of the City under this Section 703 shall be and remain valid and binding special obligations of the City notwithstanding the payment in full of the Lease Payments and the termination of this Lease Agreement. ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES Section 801. Events of Default Defined, The following shalt be "events of default" under the Lease Agreement and the terms "events of default" and "default" shall mean, whenever they aze used in the Lease Agreement, with respect to the Project, any one or more of the following events: (i) Failure by the City to pay any Lease Payment or other payment required to be paid under the Lease Agreement at [he time specified therein; (ii) Failure by the City to observe and perform any covenant, condition or agreement on its part to be observed or performed, other than as refereed to in clause (i) of this Section, for a period of thirty (30) days after written notice specifying such failure and requesting [hat it be remedied has been given to the City by the Authority, the Tnrstee, or the Owners of not less than twenty-five percent (25%) in aggregate principal amount of Certificates then outstanding; provided, however, if the failure stated in the notice cannot be corrected within the applicable period, the Authority, the Trustee and such Owners will not unreasonably withhold [heir consent to an extension of such time if corrective action 17 9aa~soio.ui