were specifically described herein and demised hereby), to the
extent of Net Proceeds available from the Condemnation (and not applied by any
lender to then-outstanding indebtedness); or
(iii)
To the extent either party terminates this
Lease Agreement as provided above, payment of such proceeds to the Authority.
(C)
CONDEMNATION OF TENANT'S PERSONAL PROPERTY.
ALL COMPENSATION AWARDED FOR ANY SUCH TAKING OR CONVEYANCE OF THE AUTHORITY'S
INTEREST SHALL BE THE PROPERTY OF THE AUTHORITY WITHOUT DEDUCTION THEREFROM FOR
ANY PRESENT OR FUTURE ESTATE OF TENANT, AND TENANT HEREBY ASSIGNS TO THE
AUTHORITY ALL RIGHT, TITLE AND INTEREST IN AND TO SUCH AWARD.
HOWEVER, TENANT
SHALL HAVE THE RIGHT TO RECOVER FROM THE CONDEMNING AUTHORITY, BUT NOT FROM THE
AUTHORITY, SUCH COMPENSATION AS MAY BE AWARDED TO TENANT, IF APPLICABLE, ON
ACCOUNT OF MOVING AND RELOCATION EXPENSES AND DEPRECIATION TO AND REMOVAL OF
TENANT'S PROPERTY.
(D)
TAKING OR CONDEMNATION BY THE AUTHORITY.
IF
THE AUTHORITY EXERCISES ITS RIGHT OF CONDEMNATION OR EMINENT DOMAIN WITH RESPECT
TO ALL OR SUBSTANTIALLY ALL OF THE LEASED PREMISES FOR THE PURPOSES SET FORTH IN
SECTION 1301 HEREOF, THE AUTHORITY RESERVES THE RIGHT, ON EIGHTEEN (18) MONTHS
NOTICE, TO RELOCATE OR REPLACE THE FACILITIES IN SUBSTANTIALLY SIMILAR FORM AT
ANOTHER COMPARABLE LOCATION ON THE AIRPORT OR TO REPLACE SUCH PORTION OF THE
LEASED PREMISES; PROVIDED, HOWEVER, TENANT SHALL HAVE THE RIGHT TO TERMINATE
THIS LEASE AGREEMENT AS AND TO THE EXTENT PERMITTED PURSUANT TO SECTION 1602;
AND PROVIDED FURTHER, THAT IF TENANT DOES NOT EXERCISE SUCH TERMINATION RIGHT
PURSUANT TO SECTION 1602, THAT FOLLOWING SUCH RELOCATION OR REPLACEMENT, THE
LEASED PREMISES ARE SUBSTANTIALLY SIMILAR TO AND CAN BE OPERATED IN A MANNER
SUBSTANTIALLY SIMILAR TO THE LEASED PREMISES PRIOR TO SUCH RELOCATION OR
REPLACEMENT AND TENANT'S BUSINESS CAN BE OPERATED IN A MANNER SUBSTANTIALLY
SIMILAR TO TENANT'S BUSINESS PRIOR TO SUCH RELOCATION OR REPLACEMENT.
THE NEW
LOCATION SHALL CONSTITUTE THEREAFTER THE LEASED PREMISES AND THE FACILITIES OR
IMPROVEMENTS LOCATED THEREON, AND EQUIPMENT THEREOF, SHALL THEREAFTER CONSTITUTE
THE FACILITIES FOR PURPOSES OF THIS LEASE AGREEMENT.
THE RELOCATION OF THE
LEASED PREMISES SHALL BE AT NO COST TO TENANT AND THE NEW FACILITIES MUST BE
READY FOR OCCUPANCY BY TENANT PRIOR TO THE DATE OF REQUIRED RELOCATION SUBJECT
TO MOVING TENANT'S EXCLUDED PROPERTY AND THE EQUIPMENT TO THE NEW RELOCATED
FACILITIES.
IF THE AUTHORITY COMPLIES WITH THE PROVISIONS OF THIS SECTION, SUCH
REMEDIES SHALL BE IN LIEU OF ANY REMEDIES TENANT MAY HAVE PURSUANT TO LAW OR
EQUITY WITH RESPECT TO THE ACTIONS TAKEN BY THE AUTHORITY IN CONDEMNING THE
LEASED PREMISES OR RELOCATING THE LEASED PREMISES.
77
ARTICLE XVII.
GENERAL INDEMNITY
SECTION 1701.
TENANT INDEMNITY.
EXCEPT TO THE EXTENT
INDEMNIFIED BY THE AUTHORITY PURSUANT TO THE TERMS OF THE LEASE, OR EXCEPT AS
GOVERNED BY SECTION 705 HEREOF, TENANT COVENANTS AND AGREES FULLY TO INDEMNIFY,
DEFEND, SAVE, AND HOLD HARMLESS THE LANDLORD INDEMNIFIED PARTIES FROM AND
AGAINST ANY AND ALL LIABILITIES FOR PERSONAL INJURY, BODILY INJURY, DEATH,
AND/OR PROPERTY DAMAGE (INCLUDING WITHOUT LIMITATION ALL REASONABLE EXPENSES
INCIDENTAL