My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
Res 2017-073/Berry Aviation lease
San-Marcos
>
City Clerk
>
03 Resolutions
>
2010's
>
2017
>
Res 2017-073/Berry Aviation lease
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
6/16/2017 10:40:16 AM
Creation date
5/3/2017 4:09:49 PM
Metadata
Fields
Template:
City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2017-73
Date
4/18/2017
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
66
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
Show annotations
View images
View plain text
conditions hereof to be performed, kept and observed by the other party shall be construed <br />as, or shall operate as, a waiver of any subsequent default of any of the terms, covenants <br />or conditions herein contained, to be perfonned, kept and observed by the other party. <br />18.05. Force Majeure. Whenever a period of time is prescribed for action to be taken by Lessor <br />or Lessee, any delays due to strikes, riots, acts of God, shortages of labor or materials, war, <br />governmental laws, regulations or restrictions or any other causes beyond the reasonable <br />control of Lessor or Lessee (herein, "force majeure") shall be excluded from the <br />computation of any such period of time. <br />18.06. Quiet Enjoyment. Lessor represents and warrants that it has the lawful authority to enter <br />into this Lease and has title to the Leased Premises. Lessor further covenants that Lessee <br />shall have and enjoy undisturbed possession of the Leased Premises as long as Lessee <br />performs its obligations under this Lease. This Lease is subject, however, to the rights of <br />the United States of America during periods of national emergency and its right to take all <br />or a portion of the Airport for federal activities, as provided herein. <br />18.07. No Partnership. This Lease shall not be construed as creating the relationship of principal <br />and agent or of partnership or of joint venture between the parties. The only relationship <br />between the parties is that of Lessor and Lessee. <br />18.08. No Brokers. Lessee warrants that it has had no dealings with any broker or agent in <br />connection with the negotiation or execution of this Lease, and Lessee agrees to indemnify <br />and hold Lessor and Airport Management harmless from and against any and all costs, <br />expense or liability for commissions or other compensation charges payable to any broker <br />or agent of Lessee with respect to this Lease. <br />18.09. Governing Law; Venue. The parties agree that the laws of the State of Texas shall govern <br />this Lease and that exclusive venue for enforcement of this Lease shall lie in Hays County, <br />Texas. <br />18.10. Permits. Lessee shall, at its sole expense, be responsible for obtaining and keeping in effect <br />all licenses and permits necessary for the operation of its business at the Leased Premises. <br />18.11. Entire Agreement. This Lease and the exhibits hereto constitute the entire understanding <br />and agreement by the parties hereto concerning the Leased Premises, and any prior or <br />contemporaneous agreement, oral or written, which purports to vary from the terms hereof <br />shall be void. <br />18.12. Severability. In case any one or more of the provisions contained in this Lease shall for any <br />reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, <br />illegality or unenforceability shall not affect any other provision of this Lease, and this <br />Lease shall be construed as if such invalid, illegal or unenforceable provision had not been <br />included in the Lease. <br />18.13. Charitable Immunity or Exemption. If Lessee is a charitable association, corporation, <br />partnership, individual enterprise or entity and claims immunity to or an exemption from <br />liability for any kind of property damage or personal damage, injury or death, Lessee <br />hereby expressly waives its rights to plead defensively any such immunity or exemption as <br />against Lessor and Airport Management. <br />2 <br />
The URL can be used to link to this page
Your browser does not support the video tag.