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12. Services and Utilities. City shall continue to furnish any utility service, if <br />any, which is currently supplied to the Property. TK shall pay for the use of such utility service <br />during the Lease Term. The term "utility service" shall include payment by Tenant of the <br />quarterly payments for the storm water utility.eharged by the City. <br />13. 'Waiver and Indemnity. Notwithstanding anything apparently to the <br />contrary in this Lease Agreement, City and TK hereby release one another and their respective <br />partners, officers and employees from any and all liability (to the other or anyone claiming <br />through or under them by way of subrogation or otherwise) for any Ioss or damage covered by <br />property insurance or coverable by a customary form of policy of the insurance, even if such loss <br />or damage shall have been caused by the fault or negligence of the other party, or anyone for <br />whom such party may be responsible. <br />TK agrees to indemnify, defend and hold City and its officers and employees and <br />harmless from and against any claim, loss or expense arising out of injury, death or property loss <br />or damage occurring on the Property, except only to the extent caused by the negligent act or <br />intentional misconduct of City or officers or employees . <br />14. <br />Default: <br />Default. Any one of the following events shall constitute an Event of <br />a. TK shall fail to pay any monthly installment of Base Rent or additional <br />rent as herein provided, and such default shall continue for a period of <br />five (5) days after the due date therefore; <br />b. TK shall violate or fail to perform any of the other conditions, <br />covenants or agreements herein made by TK and such default shall <br />continue for fifteen (15) days after notice from City; provided, however, <br />that if the nature of such default is such that TK can cure the default, but <br />not within fifteen (15) days, then the Event of Default shall be <br />suspended. for a period not in excess of thirty (30) additional days so <br />long as TK commences cure within fifteen (15) days and thereafter <br />diligently and continuously prosecutes the curing of the default, and so <br />long as continuation of the default does not create material risk to the <br />Project or to persons using the Project; <br />c. TK shall file or have filed against it or any guarantor of this Lease <br />Agreement any bankruptcy or other creditor's action, or make an <br />assignment for the benefit of its creditors. <br />If an Event of Default shall have occurred and be continuing, City may at its sole option <br />by written notice to TK terminate this Lease Agreement. Neither the passage of time after the <br />occurrence of the Event of Default nor exercise by City of any other remedy with regard to such <br />Event of Default shall limit City's rights under this Section <br />If an Event of Default shall have occurred and be continuing, whether or not City elects <br />to terminate this Lease Agreement, .City may enter upon and repossess the Property (said <br />141437 2 <br />4 <br />