EXHIBIT 10.33
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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