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<br />. <br /> <br />. <br /> <br />such cash payment; or <br /> <br /> <br />If Delhi conveyed the Delhi Property to the City: the <br /> <br /> <br />fair market value of the unimproved land comprising the <br /> <br /> <br />Delhi Property, as of the time of the termination of the <br /> <br /> <br />Lease. <br /> <br /> <br />The number of months between the commencement date of the <br /> <br /> <br />Lease and the effective date of the termination of the <br /> <br /> <br />Lease. <br /> <br /> <br />E. In the event that the fair market value of the unimproved <br /> <br /> <br />land comprising the Delhi Property, as of the time of the termina- <br /> <br /> <br />tion of the Lease, has to be determined, the City shall retain, at <br /> <br /> <br />the City's expense, an independent licensed appraiser, reasonably <br /> <br /> <br />acceptable to Delhi, to provide an appraisal of such amount. It is <br /> <br /> <br />understood and agreed that the City shall have no obligation to <br /> <br /> <br />value the Delhi Property based on any improvements on the Delhi <br /> <br /> <br />Property, whether made by the City or not. <br /> <br /> <br />9. Indemnification <br /> <br /> <br />For purposes of this Article III: <br /> <br /> <br />A. City shall indemnify and save harmless Delhi, its <br /> <br /> <br />officers and employees, from and against any and all <br /> <br /> <br />damages to property or injuries to or death of any person <br /> <br /> <br />or persons, including property and employees or agents of <br /> <br /> <br />Delhi, claims, demands, suits, actions or proceedings of <br /> <br /> <br />any kind or nature, including, but not by way of limita- <br /> <br /> <br />tion, worker's compensation claims, resulting from or <br /> <br /> <br />arising out of the negligent or wrongful acts, errors or <br /> <br />and B = <br /> <br />10 <br />