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the transfer of federal or State of Texas rights or property to Lessor for the development, <br />maintenance and repair of Airport infrastructure. Lessor covenants and agrees that it has no <br />existing agreements with the United State of America or the State of Texas in conflict with the <br />express provisions of this Lease and that it will not enter into any such agreements. <br />8.04War; National Emergency. During time of war or national emergency, Lessor shall have the right <br />to lease the landing area or any part thereof to the United States of America for military or naval <br />use and, if such lease is executed, the provisions of this Lease, insofar as they are inconsistent <br />with the provisions of the lease to the Government, shall be suspended. All Rent or other <br />payments owing under this Lease shall likewise be suspended until Lessee’s normal operations <br />resume at the Leased Premises. In addition, if Lessee’s normal business operations are materially <br />affected for a period in excess of one eighty (180) days, Lessee may terminate this Lease upon <br />written notice to Lessor, in which event, except for the obligations of the parties which expressly <br />survive termination of this Lease, the parties shall have no further rights or obligations hereunder <br />except to the extent permitted in, and in accordance with, Section 4.07, Lessee may remove its <br />personal and other property within thirty (30) days after the date of Lessee’s notice of termination <br />(the exercise of which right shall not constitute a holdover). Nothing contained in this Lease shall <br />prevent Lessee from pursuing any rights which Lessee may have for reimbursement from the <br />United States of America for the taking of any part of Lessee’s leasehold estate or for any loss or <br />damage caused to Lessee by the United States of America. <br />8.05Operation as Public Airport. Lessor covenants and agrees that during the Termand any renewal <br />thereof it will operate and maintain the Airport and its public Airport Facilities as a public use <br />airport. <br />ARTICLE 9: OPERATION OF THE AIRPORT <br />9.01Non Discrimination Requirements. <br />a.It is specifically understood and agreed that this Lease does not grantor authorize an <br />exclusive right for conducting any aeronautical activity which is unlawfully <br />discriminatory. Lessee specifically agrees not to discriminate in its use of the Leased <br />Premises in any manner prohibited by applicable FAA regulations. Lessor agrees not to <br />lease space to other tenants or users at the Airport on terms more favorable (including, <br />without limitation, ground rents, other rents or fees, or length of term) than those <br />contained in this Lease and, if Lessor enters into a lease or other agreement for the same <br />or similar use, the material terms of which are more favorable terms than those contained <br />herein, the more favorable material terms shall be offered to Lessee and, at Lessee’s <br />election, this Lease shall be modified to reflect the more favorable material terms. <br />b.Lessee, for itself, its personal representative, successors in interest and assigns, as part of <br />the consideration herein, agrees that no person shall be excluded from participation in or <br />denied the benefits of Lessee’s use of the Airport on the basis of race, color, national <br />origin, religion, handicap or gender. Lessee further agrees for itself, its personal <br />representatives, successors in interest and assigns that no person shall be excluded from <br />the provision of any service on or in the construction of any improvements or alterations <br />to the Leased Premises on grounds of race, color, national origin, religion, handicap or <br />gender. In addition, Lessee covenants and agrees that it will at all times comply with any <br />applicable requirements imposed by or pursuant to Title 49 of the Code of Federal <br />Regulations, Part 121, Non-Discrimination in Federally Assisted Programs of the <br />Department of Transportation, and with any applicable future amendments thereto. <br />10 <br /> <br />