EXHIBIT 10.35
INDEMNITY AGREEMENT
THIS INDEMNITY AGREEMENT made and entered into effective the 1st
day of July, 1995 by and between GENERAL MANUFACTURED HOUSING, INC., a
Georgia corporation as Indemnitor, XXX-BAR CORPORATION, a corporation
incorporated under the laws of the State of Pennsylvania, sometimes
referred to as Indemnitee and as Lessor and HI-TECH PROPERTIES, INC. as
Lessee.
RECITALS
1. Lessor and Lessee have entered into a Lease Agreement dated
May 26, 1995, which Lease Agreement is incorporated herein by reference.
2. That Lessor and Lessee have entered into an Amendment to
Lease Agreement effective July 1, 1995, which is also incorporated herein
by reference.
3. That Lessor/Indemnitee has requested and Indemnitor has
agreed to indemnify Lessor with respect to the moving of two vertical beams
located inside the main building up to four (4) feet each, as provided for
in Section Three F of the Amendment to the Lease Agreement.
NOW THEREFORE, in consideration of the premises, the receipt and
sufficiency whereof is hereby acknowledged by Indemnitor, it is agreed as
follows:
SECTION ONE. Indemnitor agrees to indemnify and save Indemnitee
harmless against any and all loss, claims, suits, including costs and
attorney's fees, for or on account of injury to or death of persons, damage
to or destruction of property of Lessor or others occurring by reason of
the moving or relocation of the two vertical beams set forth in Section
Three F of the Amendment to the Lease Agreement.
SECTION TWO. This indemnity shall be effective upon the
execution hereof and shall continue during the term of the Lease Agreement,
and for the period of any applicable statute of limitations following
termination of the Lease Agreement including the statute of limitations for
injury or damage occurring by reason of moving or relocating the two
vertical beams.
SECTION THREE. Indemnitor agrees that as part of this Indemnity
Agreement that it will defend any claim, cause of action brought against
Indemnitee arising from the matters indemnified against herein and shall
bear all costs of litigation.
SECTION FOUR. Any notice required or permitted to be given
pursuant to this Agreement shall be deemed to have been sufficiently given
if delivered personally or if sent by registered mail or certified mail,
postage prepaid, addressed as follows:
To Indemnitor: General Manufactured Housing, Inc.
0000 Xxxxxxxxxx Xxxxxxxxx
Xxxxxxxx, XX 00000
To Lessee: Hi-Tech Properties, Inc.
0000 Xxxxxxxxxx Xxxxxxxxx
Xxxxxxxx, XX 00000
To Indemnitee: Xxx-Bar Corporation
X.X. Xxx 000
Xxxxxxx, XX 00000
Any of the above addresses may be changed by written notice given
to other parties in the manner stated herein.
SECTION FIVE. This Agreement and the indemnity shall be binding
upon Indemnitor, its successors and assigns, and shall inure to the benefit
of the Indemnitee, its successors and assigns.
SECTION SIX. This Agreement and the indemnity shall be governed
by laws of the State of Georgia.
IN WITNESS WHEREOF the parties have executed this Agreement the
day and year first above written.
GENERAL MANUFACTURED HOUSING INC.,
Indemnitor
BY: /S/ Xxxxxx Xxxxxx
----------------------------------
Signed, sealed and delivered
in the presence of:
/S/ Xxxxxxx X. Xxxxxxx
-------------------------------
WITNESS
/S/ Xxxxxxx Xxxx
-------------------------------
NOTARY PUBLIC (Seal)
My commission expires 4/12/98
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CONTINUATION OF SIGNATURE PAGE OF INDEMNITY AGREEMENT BETWEEN GENERAL
MANUFACTURED HOUSING, INC., XXX-BAR CORPORATION AND HIGH-TECH PROPERTIES,
INC.
XXX-BAR, Indemnitee/Lessor
BY: /S/ [illegible]
---------------------------------
Signed, sealed and delivered
in the presence of:
/S/ Xxxxxx X. Xxxxxx
--------------------------------
WITNESS
--------------------------------
NOTARY PUBLIC (Seal)
My commission expires___________
HI-TECH PROPERTIES, INC., Lessee
BY: /S/ [illegible]
---------------------------------
Signed, sealed and delivered
in the presence of:
/S/ Xxxxxxx X. Xxxxxxx
--------------------------------
WITNESS
/S/ Xxxxxxx Xxxx
--------------------------------
NOTARY PUBLIC (Seal)
My commission expires 4/12/98
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