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The CITY will not be responsible for any damage from theft, or disappearance of either <br /> the equipment or the merchandise from break-ins or burglary, power failure due to hurricanes, <br /> electrical storms, Acts of God, or other acts beyond the control of the CITY. <br /> 35. INDEMNIFICATION <br /> The LESSEE covenants and agrees that it shall indemnify, hold harmless, and defend the <br /> CITY, its agents, officers and employees from and against any and all claims, suits, action, <br /> damages or causes of action arising during the term of the Lease Agreement for any personal <br /> injury, loss of life, or damage to property sustained in or about the AREA, by reason of or as a <br /> result of the LESSEE's occupancy thereof, and from and against any orders, judgments or <br /> decrees which may be entered thereon, and from and against all cost, attorney's fees, expenses <br /> and liabilities incurred in and about the defense of any such claim and the investigation thereof. <br /> 36. DAMAGES OR LOSS <br /> The LESSEE releases the CITY from any and all liability, cost or expenses for damage or <br /> loss to the AREA for any cause whatsoever. <br /> 37. DEFAULT <br /> In the event the LESSEE fails to comply with each and every term and condition of the <br /> Lease Agreement or fails to perform any of the terms and conditions contained herein, then <br /> CITY at its sole option, upon thirty (30) days written notice to LESSEE, and LESSEE's failure <br /> to comply or cure defect, may cancel and terminate the Lease Agreement, and all advances, <br /> improvements or other compensation shall be forfeited by LESSEE, not as a penalty but as <br /> liquidated damages. <br /> 38. ATTORNEY'S FEES <br /> 13 <br />