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(B) However, if the parties are not able to agree on terms for the continued operation of the physical facilities and mission of the Railroad Museum, and if the City further requests in writing by a duly authorized official that the Property be cleared, then the Railroad Museum shall at its sole cost return the property to the City with all improvements removed, except for the railroad tracks. In such event, the property shall be returned to the City in a neat and clean condition, graded, and free of all debris and foreign materials; and the railroad cars shall be removed from the Property. Said restoration of the property shall occur within 180 days of termination of the lease. 10. Utilities. The Railroad Museum will provide and pay for its own utilities, of all types, unless otherwise agreed to by the City. 11. Indemnification; Insurance. The Railroad Museum agrees to indemnify and hold harmless the City and to protect and defend it against all claims and suits arising from actions of omission or commission of its employees, agents contractors or subcontractors, whether for alleged tort or breach of contract, made by any party. This section includes but is not limited to possible claims from employees, contractors, subcontractors, material men, workmen, neighboring property owners, invitees, guests, and agents or employees of the City, arising from the use of the Property. The indemnification shall be from and against any and all claims, losses or expenses, including but not limited to attorney's fees, which either or both of them may suffer, payor incur as a result of claims or suits due to, arising out of or in connection with any and all such damage, real or alleged, including but not limited to personal injury and property damage. Throughout the period of this Lease, the Railroad Museum shall maintain in effect a comprehensive general liability insurance policy insuring the City against any such claims, as -5- Draft 6