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(iii) any use of the Premises or any act or omission of Tenant that is in any manner prohibited by
<br />law, ordinance, government regulation, or the provisions of this Lease, (iv) any failure of Tenant
<br />to observe or perform the terms, covenants, or conditions of the Lease, and (v) any act or
<br />omission by Tenant, its agents, employees, servants, contractors, subcontractors, customers, or
<br />invitees during the Lease Term.
<br />8.1 Notice to Tenant. Landlord shall provide Tenant written notice of any
<br />demand, claim, cause of action, liability; loss, or damage asserted against Landlord as it pertains
<br />in any respect to any matter covered by this indemnity, within fourteen (14) days after Landlord
<br />obtains notice, whether actual or constructive, of the same first made. Late notice or no notice
<br />by Landlord shall be construed as a waiver by Landlord of the right to indemnification
<br />contemplated under this Section 8. In case of any action or proceeding brought against
<br />Landlord, and unless defense is provided by an insurance carrier, Tenant shall, upon receipt of
<br />timely notice from Landlord, defend the same at Tenant's expense by counsel reasonably
<br />satisfactory to Landlord.
<br />9. Indemnity of Tenant. Landlord shall indemnify and agrees to protect, defend
<br />and. hold harmless, Tenant and all of Tenant's subsidiary and affiliated entities, and their
<br />successors and assigns, and the officers, directors, shareholders, partners, members, servants,
<br />employees, agents and contractors of any of them, from and against any and all claims, liens,
<br />actions, proceedings, judgments, liabilities, damages, costs, attorney fees and any and all'
<br />expenses in connection with any negligent act of Landlord as it relates to the Premises
<br />9.1 Notice to Landlord. Tenant shall provide Landlord written notice of any
<br />demand, claim, cause of action, liability, loss, or damage asserted against Tenant as it pertains in
<br />any respect to any matter covered by this indemnity, within fourteen (14) days after Tenant
<br />obtains notice, whether actual or constructive, of the same first made. Late notice or no notice
<br />by Tenant shall be construed as a waiver by Tenant of the right to indemnification contemplated
<br />under this Section 9. In case of any action or proceeding brought against Tenant, and unless
<br />defense is provided by an insurance carrier, Landlord shall, upon receipt of timely notice from
<br />Tenant, fund the defense by Tenant by counsel reasonably satisfactory to Landlord.
<br />10. Condemnation/Eminent Domain. In the event that the Premises, substantially
<br />all of the Premises, or any portion thereof or any improvements thereon, are taken in
<br />condemnation proceedings or by exercise of any right of eminent domain, or conveyed in lieu
<br />thereof by agreement of Landlord, Tenant shall have the option to cancel this Lease within ninety
<br />(90) days after possession of the Premises is legally authorized to be taken by the governmental
<br />or quasi-governmental authority.
<br />10.1 "Substantially All ...". For the purpose of this Section 10, "substantially
<br />all of the Premises" shall be deemed to have been taken if the untaken part of the Premises is
<br />insufficient to allow the continued operation of the sand and gravel conveyor system.
<br />1.0.2 Award. Landlord shall be entitled to the entire award for the Premises so
<br />taken, provided that Tenant shall be entitled to prosecute and recover a separate award for the
<br />value of any improvements made by Tenant so taken.
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