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description which are levied on or assigned against the leased premises, which may be assessed upon
<br />the hangar and other improvements, or any other equipment or property associated with the hangar.
<br />28. LESSEE may, at any time and from time to time, encumber the leasehold interest, by deed of
<br />trust, mortgage or other security instrument, without obtaining the consent of LESSOR, but no such
<br />encumbrance shall constitute a lien on the fee title of LESSOR, and the indebtedness secured thereby
<br />shall at all times be and remain inferior and subordinate to all the conditions, covenants and
<br />obligations of this lease and to all of the rights of the LESSOR hereunder.
<br />INDEMNITY & INSURANCE:
<br />29. LESSEE COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY
<br />INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
<br />SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS
<br />FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH,
<br />TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER
<br />REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND
<br />EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS)
<br />ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE
<br />NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF LESSEE, ITS
<br />AGENTS, SERVANTS, CONTRACTORS, OR EMPLOYEES IN CONNECTION WITH THE
<br />DESIGN, CONSTRUCTION OR INSTALLATION OF THE IMPROVEMENTS, INCLUDING
<br />BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. SUCH INDEMNITY
<br />SHALL SURVIVE THE TERM OF THIS AGREEMENT. THERE IS NO JOINT ENTERPRISE
<br />BETWEEN LESSOR AND LESSEE.
<br />30. During the period of construction of any building or other improvement on the leased premises
<br />and at all times thereafter during the lease term, LESSEE shall keep the improvements insured
<br />against loss or damage by fire, with extended coverage endorsement or its equivalent, in such
<br />responsible insurance companies as LESSEE shall select and LESSOR shall approve, and in
<br />amounts not less than 80% of the fair insurable value of the buildings and other improvements.
<br />31. In the event any building or improvement constructed on the leased premises is damaged by fire
<br />or any other casualty, regardless of the extent of such damage or destruction, LESSEE shall within
<br />one year from the date of such damage or destruction commence the work of repair, reconstruction
<br />or replacement of damage or destroyed building or improvement and prosecute the same with
<br />reasonable diligence so that the building, to the extent originally constructed by LESSEE, shall be
<br />restored to substantially the condition it was in prior to the happening of the casualty, provided,
<br />however, that if the commencement, construction or completion of said repair, reconstruction or
<br />replacement work shall be prevented or delayed by reason or war, civil commotion, acts of God,
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