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• <br /> • <br /> 3. MAINTENANCE. Each party shall be responsible for maintaining and <br /> keeping the portion of the Taxiway on its respective property in good order and condition. If <br /> any such party fails to so maintain the Taxiway, any other party may, after 30-days' written • <br /> notice, make repairs reasonably necessary on the other party's property and recover the <br /> reasonable cost for such repairs from such owner within thirty(30)days after billing therefor. <br /> Such reasonable cost shall mean all reasonable costs of operation, maintenance and repair <br /> including without limitation the reasonable cost of pavement repairs, seal coating, lighting <br /> repair and replacement to maintain the Taxiway in good working order and condition. <br /> 4. TAXES. H.D. Aviation, its successors and assigns, shall pay all property <br /> taxes assessed against the Parcel 2 Property. Icy Leasing,its successors and assigns,shall pay <br /> a0 property taxes assessed against the KV Leasing Property. There shall be no right of <br /> contribution for such costs. <br /> 5. INSURANCE. Each party shall maintain an Airport Liability insurance policy <br /> on an "occurrence"basis with a combined single limit of not less than $2,000,000 covering <br /> use of the Taxiway by such party and its agents, employees,contractors,tenants and invitees. <br /> Each party's policy shall list the other party and such related parties as the other party may <br /> reasonably designate as an additional insured. Each party shall provide the other with a <br /> certificate evidencing such insurance prior to commencing use of the Fasement Areas. <br /> 6. INDEMNIFICATION. Each party(the"Indemnifying Party")shall forever <br /> defend,indemnify and hold the other party harmless for and from any damage, claim, loss or <br /> liability (including, without limitation, costs and attorneys' fees) arising out of or in way <br /> connected with the use of the Taxiway by the Indemnifying Party, its agents, employees, <br /> contractors and invitees except to the extent caused by the negligence or willful misconduct of <br /> • <br /> the Non-Indemnifying Party, its agents, employees,contractors or invitees or any other party <br /> including,but not limited to,trespassers. <br /> 7. CONDEMNATION. If a condemning authority takes all of the H.D.Aviation <br /> Easement Area and the kV Leasing Easement Area or a portion sufficient to render the <br /> remaining H.D. Aviation Easement Area and kV Leasing Easement Area reasonably <br /> unsuitable for use as a taxiway,this Easement Agreement shall terminate as of the date title <br /> vests in such condemning authority. If a condemning authority takes a portion of the H.D. <br /> Aviation Easement Area and kV Leasing Easement Area and the remaining H.D. Aviation <br /> Easement Area and kV Leasing Easement Area is suitable for use as set forth herein, this <br /> Easement Agreement shall continue in full force and effect as to the remainder of the H.D. • <br /> Aviation Easement Area and kV Leasing Easement Area. The proceeds of condemnation <br /> shall belong exclusively to the fee title owner of the property so taken. In the event of a <br /> taking by condemnation,the fee title owner of the property sb taken shall use reasonably best <br /> efforts to provide comparable substitute access. Sale of all or part of the H.D. Aviation <br /> Easement Area and kV Leasing Easement Area to a purchaser with the power of eminent <br /> domain in the face of a threat or probability of the exercise of the power shall be treated for <br /> the purposes of this Section 7 as a taking by condemnation. <br /> Page 3 of 12—Reciprocal Taxiway Easement Agreement(Parcel 2—Parcel 3) • <br /> H1CIhna5001.75ON61g4-1W000lThan fmm431-ee Waling web vanHool9 Pawl 2]Taxiway Easemmcvn.doo <br />