AG 2009 03 16 - Laserfiche WebLink

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u C decision and Tenant shall not be required to obtain any insurance coverage which Landlord obtains. Landlord has no requirement to acquire any insurance. Any such insurance obtained by Landlord will not inure to the benefit of Tenant. 3.4 Tenant Taxes. Tenant shall at all times be responsible for and shall pay, before delinquency, all municipal, county, state or federal taxes assessed against any leasehold interest or any furnishings, equipment, or other personal property of any kind owned, installed or used in or on the Premises. Should any governmental taxing authority acting under any present or future law, ordinance, or regulation, levy, assess, or impose a tax, excise and/or assessment (other than an income or franchise tax) upon or against the rentals payable by Tenant to Landlord, either by way of substitution for or in addition to any existing tax on land and building or otherwise resulting from Tenant's use and occupancy of the Premises, Tenant shall be responsible for and shall pay such tax, excise and /or assessment in such manner as provided by law, or shall reimburse Landlord for the amount thereof, as the case may be. 3.5 Personal Property and Appliance Maintenance. Tenant shall be responsible for and shall pay Landlord for maintenance and repairs performed by Landlord on personal property, fixtures and appliances owned by Landlord and used by Tenant within the Premises. 3.6 Personal Property Insurance. Landlord will not provide insurance for personal property, fixtures, authorized improvements or vehicles on the Premises. ARTICLE 4 USE OF PREMISES 4.1 Use of Premises. Tenant covenants to use the Premises only for the intended purpose (the "Intended Purpose") which is to house a Cabarrus County Emergency Medical Services unit. 4.2 Nature of Use. Tenant shall use and occupy the Premises in a careful, safe and proper manner, shall not create, permit or maintain any nuisance on any part of the Premises and shall keep the Premises (also including the Tenant's entry porch area) in a clean and safe condition in accordance with this Lease and local ordinances and the lawful directions of proper public officers. 4.3 Indemnification. Tenant shall and does agree to indemnify Landlord and hold Landlord harmless from and against all claims, actions, demands, expenses and judgments for loss, damage, or injury to property, land or any person(s) resulting from or occurring by reason of (a) Tenant's use of the Premises; (b) the conduct of Tenant's business or anything else done or permitted by Tenant to be done in or about the Premises; (c) any breach or default in performance of Tenant's obligations under this Lease; (d) any misrepresentation or breach of warranty by Tenant under this Lease; or (e) other actions or omissions of Tenant. If Landlord shall, without fault on its part, be made a party to any action or litigation commenced by or against Tenant, Tenant shall protect and hold Landlord harmless and pay all costs, expenses and reasonable attorney's fees incurred or paid by Landlord in connection with such action or litigation. In the event any action or litigation is commenced as aforesaid, Tenant shall retain counsel at its expense and which shall be reasonably acceptable to Landlord to defend and protect Landlord's interests in such action or litigation. Tenant shall also pay all costs, expenses and reasonable attorney's fees that may be incurred or paid by Landlord in enforcing the covenants and agreements of this Lease. Landlord shall cooperate with Tenant in defending any such action or litigation. Landlord shall and does agree to indemnify Tenant and hold Tenant harmless from and against all claims, actions, demands, expenses and judgments for loss, damage, or injury to property, land or any person(s) resulting from or occurring by reason of (a) Landlord's 4 Attachment number 1 F - 6 Page 181 of 286