Res 2017-073/Berry Aviation lease

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Texas 78666. Payments submitted via United States Postal Service or other means are considered paid when received, not on the date posted. 2.05. Late Charges. Payments not received in full by 5:00 p.m. San Marcos, Texas, time, on the fifth (51') day of the month in which such Rent is due will be considered late, and a $15.00 per day late charge will be assessed. In addition, Lessee shall reimburse Lessor for each check that is returned or not honored. 2.06. No Release. Except as expressly provided herein or in any written consent of Lessor, Lessee (i) will not be released from liability pursuant to this Lease for any reason, including, but not limited to, a change in business conditions, voluntary or involuntary job transfer, change of marital status, loss of content, loss of employment, bad health or the sale or disposition of any aircraft; and (ii) is obligated to the terms and conditions of this Lease, including the payment of Rent for the entire Term, subject to earlier termination (except clue to an uncured event of default by Lessee) or renewal, as provided herein. 2.07. Holdover. In the event Lessee holds over after the expiration of this Lease, such hold over status will create a month-to-month tenancy. In such event, Lessee agrees to pay Rent equal to the amount payable on the Expiration Date plus fifty (50%) percent as the month- to-month holdover rate. Holdover tenancy will be subject to all other terms and conditions of this Lease. 2.08. Other Fees and Charges. Provided all other tenants and users at the Airport are required to pay for tie -down and other public Airport Facilities (as defined below) use, Lessee agrees to pay for such use, in addition to Rent, in an amount equal to the lowest amount Lessor charges similar tenants and users at the Airport for use (and in no event shall Lessor charge Lessee for use unless all other tenants at the Airport are also required to, and do, pay for such use). New charges for Airport Facilities (including, without limitation, tie -down fees), if any, will be established by resolution hereafter adopted by Lessor. ARTICLE 3: USE AND CARE OF PREMISES 3.01. Authorized Use: During the Term and any renewal thereof, the Leased Premises may be used and occupied by Lessee for the following, and for no other purpose: aviation related activities and business, including, but not limited to, aircraft and aircraft parts storage; aviation fuel sales; aircraft sales; aircraft maintenance, modification and repair; aircraft repair station; air carrier (charter) service; air taxi operations; training; FAA Part 141 approved flight school; pilot's lounge; aircraft part sales; aviation insurance marketing and sales; avionics business; aircraft management; aircraft refurbishing; aviation -related equipment; fixed base operator; hangar space; aviation -related office use; and all other uses ancillary to any of the foregoing (herein, the "Authorized Use"). In addition to the Authorized Use, with the express consent of Airport Management (as defined below), Lessee may conduct incidental activities on the Leased Premises reasonably related to the Authorized Use. The Leased Premises may not be used for any other purpose without the prior written consent of Lessor, and any commercial use of the Leased Premises not expressly authorized under the terms of this Lease may, at Lessor's election, be set forth in an amendment hereto or separate contract with Lessor. 3.02. Conduct of Business. Except as provided in Section 15.01.£, Lessee shall not fail to occupy and use the Leased Premises for Authorized Use and, subject to Applicable Laws, shall not fail to keep the Leased Premises open for business as required by the Minimum Standards.