R99-91 AUTHORIZING EXECUTION OF LEASE AND AMENDMENT TO LEASE

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, ��- 7. Release: To the extent provided by law, Lessee, in using the premises and approaches to said premises, including but not limited to the bridge approaching the property, does so at his own risk. Lessor sha11 not be liable for any damages to property sustained by Lessee on the premises, or any portion thereof. Lessee assumes full responsibility for any property damages or injuries which may occur to Lessee resulting from or arising out of Lessee's use of the premises. Lessee does hereby fully and forever on its own behalf release and discharge the City and the City Council members, city employees, officers and agents, in both individual and official capacities, from any and all claims, demands, damages, rights of action or causes of action, present or future, whether the same be known, anticipated or unanticipated, whether due to negligence or otherwise, resulting from or arising out of Lessees' use of the premises excepting acts which are willful or intentional. 8. Indemnification: To the e�ent provided by law, Lessee shall indemnify and hold harmless the City and its' Council n:embers, of�icers, employees or agents in both their individuai and official capacities from all claims for bodily injury, death or property damage resulting from or arising out of Lessee's use of the premises, other than that caused by the bridge, whether or not due to negligence of the Lessor, and from all costs, demands, suits, losses, attorney's fees and liabilities incurred in or about any such claim for bodily injury, death or property damage or any action or proceeding brought thereon. 9. Maintenance: Lessee shall be responsible for all interior and exterior maintenance of the premises, except for maintenance of the bridge, during the term of this Lease, and the City shall have no duty of repair, upkeep, maintenance or replacement of the premises including the bridge structure. 10. Notices: Any notice or demand required or permitted to be given or made hereunder shall be sufficiently given or made by certified mail in a sealed enveloped, postage prepaid, addressed in the case of the City of Decatur to Steve Swanson, # 1 Gary K. Anderson Plaza, Decatur, IL 62523 and addressed in the case of Carl F. Yaegel to 3550 N. Martin Luther King Jr. Drive, Decatur, IL 62526. Any such notice or demand shall be deemed to have been given or made at the time it is deposited in the United States Post Office. The Lessee or Lessor may from time to time designate any other address for this purpose by written notice to the other party. 11. Waiver: Failure or delay on the part of either party to exercise any right, power or privilege hereunder shall not operate as a waiver hereof. 12. Prior Negotiations: This contract constitutes the entire agreement of the parties hereto and shall supersede all prior offers, negotiations and agreements.