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Res 2014-051/Sublease of Airport property between Caroline Aviation, LLC and Richard Moreno
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Res 2014-051/Sublease of Airport property between Caroline Aviation, LLC and Richard Moreno
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3/25/2015 9:58:48 AM
Creation date
4/22/2014 8:46:08 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2014-51
Date
4/15/2014
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Notices to Sublessee <br />will be sent to: Ricardo Moreno <br />dba Corp Jet Aviation Service <br />2194 Airport Dr <br />San Marcos, Texas 78666 <br />N. Interpretation. When used herein, the singular includes the plural <br />and the plural the singular, and words importing any gender include the other gender. <br />The terms and conditions of this Sublease represent the result of negotiations between <br />Sublessor and Sublessee, each of which were represented and /or had the opportunity <br />to be represented by independent counsel and neither of which has acted under <br />compulsion or duress; consequently, the normal rule of construction that any ambiguity <br />be resolved against the drafting party will not apply to the interpretation of this Sublease <br />or of any exhibits, addenda or amendments hereto. <br />O. Exhibits. All exhibits attached to this Sublease are deemed to be <br />incorporated in this Sublease as if fully set forth hereinabove. <br />P. Holidays. If the date upon which any of the duties or obligations <br />hereunder to be performed occurs on a Saturday, Sunday or legal holiday, then, <br />provided that performance of such obligation is not earlier required under the Primary <br />Lease, the due date for performance of any duty or obligation will thereupon be <br />automatically extended to the next succeeding business day. <br />Q. Authorily. The individual executing this Sublease on behalf of <br />Sublessee represents and warrants to Sublessor that Sublessee has full right and <br />authority to enter into this Sublease and performance obligations hereunder. <br />R. Entry by Sublessor. Sublessor and its representatives will have the <br />right, at all reasonable times, to enter upon the Premises for the purpose of examining <br />and inspecting the same; provided, however, this Section will not be construed as <br />imposing any obligation upon Sublessor to inspect the Premises. <br />S. Waiver of Jury Trial. IT IS AGREED BY AND BETWEEN <br />SUBLESSOR AND SUBLESSEE THAT THE RESPECTIVE PARTIES HERETO WILL <br />AND THEY HEREBY DO, TO THE EXTENT PERMITTED BY APPLICABLE LAW, <br />WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM <br />BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER ON ANY <br />MATTERS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS <br />SUBLEASE, THE RELATIONSHIP OF SUBLESSOR AND SUBLESSEE, OR <br />SUBLESSEE'S USE OR OCCUPANCY OF THE PREMISES. SUBLESSEE FURTHER <br />AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, <br />SUBLESSEE WILL NOT IMPOSE ANY COUNTERCLAIM IN A SUMMARY <br />PROCEEDING OR IN ANY ACTION BASED ON NON - PAYMENT OF RENT OR ANY <br />OTHER PAYMENT REQUIRED BY SUBLESSEE HEREUNDER. <br />13 <br />1205992.2 <br />U <br />
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