Res 2015-013/Amendment to and renewal for an additional five years of an Agreement for Airport Management Services with Texas Aviation Partners, L.L.C.;

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11.0.14 In the event that the performance by either the City or the Operator of any of its obligations under this Agreement is interrupted or delayed by events outside of their control such as acts of God, war, riot or civil commotion, then the party is excused from such performance for the period of time reasonably necessary to remedy the effects of such events. 11.0.15 In the event of a default or breach of this Agreement by the Operator, the City reserves the right to choose among the remedies for the default or breach available to the City. These remedies may be used in conjunction with one another or separately, and together with any other statutory or common law remedies available to the City. Any failure by the City to enforce this Agreement with respect to one or more defaults by the Operator will not waive the City's ability to enforce the Agreement after that time. 11.0.16 All services provided pursuant to this Agreement are for the exclusive use and benefit of the City and the Agreement will not give rise to any rights in third parties. 11.0.17 If applicable, the Operator will pay all license fees, royalties and other costs incident to the use of any invention, design, process, product or device subject to a patent right or copyright held by others in performing the work or in the completed Project. 11.0.18 It is expressly agreed that the Operator is an independent contractor and not an employee, agent partner or joint - venturer with the City. The Operator will not pledge or attempt to pledge the credit of the City. 11.0.19 It is the City's intent to be proactive with regard to the environment. The City encourages value purchasing of environmentally friendly products. The Operator is encouraged to utilize green solutions in performing any services under the Agreement, as appropriate. 11.0.20 The Operator will, prior to execution and any future extension of this Agreement, furnish evidence as may be reasonably requested by the City to show the Operator is financially capable of providing the services set forth in the Agreement. 11.0.21 This Agreement will be subordinate to the provisions of any existing or future agreement between the City and the Texas Department of Transportation and any agency or department of the United States of America relative to the ownership, operation or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal or state funds for the development of the Airport. Furthermore, this Agreement may be amended to include provisions required by those agreements.