Res 1984-035 - Laserfiche WebLink

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- 3 - 9. In9~mni:.!:~ Lessee agrees to indemnify and hold harmless the City of San Marcos from all damages, claims, losses, demands, suits, judgments, costs and expenses arising from the conduct by Lessee at Airport and shall defend any litigation arising in connection with such operation. 10. Lessee's Use of Airport Facili_ti~~:. During the term of this lease, the Lessor agrees that Lessee shall have and enjoy quiet and undisturbed possession of the demised premises and all appurtenances appertaining thereto, together with the right to use the runways and taxi-ways of the Airport as contemplated herein; provided, however, that this lease is subject to the prior approval of the Federal Aviation Administration,and the rights of the united States of America to have exclusive or non-exclusive use, control and possession without charge, of the airport or any portion there- of during periods of National Emergency; and further subject to the right of the Federal Aviation Administration and United States Government to take a portion of the airport premises for air traffic control activities, weather reporting activi- ties, or communication activities related to air traffic control, all as provided in said heretofore described Inden- ture. It is understood and agreed by and between the parties hereto that the continuing use of the San Marcos Municipal Airport as an airport for general aviation is essential to the operation of Lessee and that failure to continue the use of the airport for airport and aviation purposes shall con- stitute a default in the lease agreement; and upon giving notice by Lessee to Lessor of such default and failure to cure such default within thirty (30) days after the giving of such notice, this lease shall terminate and end as of the date 120 days after such notice shall have been given; and Lessee shall thereupon be released from and relieved of all further obligations thereafter to accrue hereunder. 11. Default. If Lessee fails to pay any rental or other payment due here- under or upon his failure to perform any other of the terms of this lease to be observed or performed by Lessee on his part to be observed or performed, or if Lessee shall become a bankrupt, or insolvent, or file any debt or proceedings, or take or have taken against Lessee in any court pursuant to any statute either of the United States or of the State of Texas a petition in bankruptcy or insolvency or for reorganiza- tion or for the appointment of a receiver or trustee for all or a portion of Lessee's property, or if Lessee makes an assign- ment for the benefit of creditors, or petitions for or enters into an arrangement, or suffers this lease to be taken under any writ of execution or attachment, or if this lease shall dissolve or pass by law or otherwise to one other than Lessee except as herein provided, then, in anyone or more such events, upon Lessor serving written thirty (30) days notice of can- cellation upon Lessee specifying the nature of said default, and if, at the expiration of said thirty (30) days, Lessee shall have failed to comply with or remedy such default, then this lease and the term thereunder, shall, at the option of Lessor, terminate and come to an end on the date specified in such notice of cancellation, and Lessee shall quit and surren- der the demised premises to Lessor as if the term hereunder ended by the expiration of the time fixed herein, and Lessee shall remain liable for any unpaid rent and all other charges up to the date of termination.