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domain action, of canceling this sublease effective as of the date the
<br />condemning authority shall take possession; provided, however, that if more
<br />than fifty percent of the floor area of the premises shall be taken under power
<br />of eminent domain, either party, by written notice to the other delivered on or
<br />before the date of surrendering possession to the public authority, may
<br />terminate this sublease, effective as of such surrender of possession. All
<br />compensaton and damages of any type awarded for any taking, whole or
<br />partial, shall belong to and is the property of the County except as hereinafter
<br />provided
<br />(c) ARC's Ihma¢es. ARC shall have the right to claim and recover from the
<br />condemning authority; but not from the County, such compensation as may be
<br />separately awarded or recoverable by ARC in ARC's own right on account of
<br />any cost or loss to which ARC might be put in removing ARC's merchandise;
<br />fiuniture, fixtures and equipment.
<br />17. Nonliability of County. The County and its agent shall not be liable to ARC for any '
<br />damage or loss, including loss or interruption to ARC's business or services,
<br />occasioned by any service provided by the County or its agent under this sublease for ',
<br />electricity, plumbing, gas, water, air conditioning, sprinkler or other pipes and sewage,,
<br />systems, or the loss, interruption or stoppage thereof, or by the bursting, leaking,
<br />overflowing or running over of any tank, washstand, closet, waste or other pipes in or
<br />about the premises or the property, nor for any damage occasioned by water comi _g
<br />into the premises from any source whatsoever or for any damage arising from any acts
<br />or neglect of the cotenants or other occupants of the property or of adjacem property, ,
<br />or of the public, unless such damage or loss shall result from a wanton and willful act
<br />of the County or the County's negligence. All property of ARC kept or stored on the
<br />premises shall be kept or stored at the risk of ARC only, and ARC shall hold the
<br />County harmless from any claims arising out of damage to the same, including
<br />subrogation claims by ARC's insurance carriers, unless such damage shall be caused
<br />by the wanton and willfiil act or negligence of the County. In no event shall the
<br />County or any of its agents, employees, or principals be liable to ARC, its principals, r.
<br />agents or employees, for lost profits or any other consequential damages suffered by
<br />ARC, its principals, agents or employees; from any cause, unless such losses or
<br />damages shall result from a wanton and willful act of the County or the County's
<br />negligence.
<br />18. Indemnification and Defense of the County. ARC shall indemnify, defend and save
<br />the County and its agent, if any, ham~less against and from any and all claims, w
<br />damages, costs and expenses, including reasonable attorney's fees, arising from the
<br />operafion of the business conducted by ARC in the premises or arising from any
<br />default by ARC in the performance of any of the covenants, conditions or terms of this
<br />sublease, or from any act or negligence or omission to act of ARC, its agents,
<br />contractors, servants, employees, sublessees, concessionaires or licensees in or about
<br />the premises or in connection with this sublease or any subsequent sublease.
<br />71020014 $
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