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Res 2018-106/Amended and Restated Airport Facility Lease Agreement for Commercial Fixed Base Operator (FBO) Use with Berry Aviation, Inc. for the FBO terminal facility and associated fueling facilities at the San Marcos Regional Airport
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Res 2018-106/Amended and Restated Airport Facility Lease Agreement for Commercial Fixed Base Operator (FBO) Use with Berry Aviation, Inc. for the FBO terminal facility and associated fueling facilities at the San Marcos Regional Airport
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12/27/2018 8:37:11 AM
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Resolutions
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Airport
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2018-106
Date
6/19/2018
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of use and occupancy rights shall relieve Lessee of its obligations to Lessor hereunder. Any <br />assignment, transfer or sublease that is not permitted under this Lease and has not been authorized <br />by Lessor in writing shall be void. As used herein: <br />a.“Permitted Assignment” means the transfer of all of part of Lessee’s interest in this <br />Lease or all or part of the Leased Premises to the following types of entities without the <br />written consent of Lessor: <br />(i)Anytransfer to a trust or other entity in connection with estate planning of <br />Lessee’s principal shareholder(s); <br />(ii)Any transfer to an affiliate (by common ownership) or subsidiary of Lessee; <br />(iii)Any transfer to a corporation, limited partnership, limited liability partnership, <br />limited liability company or other business entity in which or with which Lessee, <br />or its corporate successors or assigns, is merged, consolidated or reorganized, so <br />long as Lessee’s obligations hereunder are assumed by the entity surviving such <br />merger or created by such consolidation or reorganization. <br />(iv)Any transfer to a corporation, limited partnership, limited liability partnership, <br />limited liability company or other business entity acquiring all or substantially all <br />of Lessee’s or of Lessee’sbusiness operations in the Leased Premises. <br />(v)Any transfer to a Qualified Lessee. <br />b.“Qualified Lessee” means a person or entity with a net worth equal to or greater than an <br />amount equal to three hundred percent (300%) of the then-unpaid Rent obligations of <br />Lessee hereunder. <br />14.04Assignment by Lessor. In the event of an assignment by Lessor of all of its interest in the Leased <br />Premises to a person or entity that assumes all of Lessor’s obligations pursuant to this Lease, <br />Lessee agrees to look solely to such assignee. <br />ARTICLE 15: EVENTS OF DEFAULT AND REMEDIES; TERMINATION <br />15.01Events of Default. The following events shall constitute “events of default” by Lessee under this <br />Lease: <br />a.Rent. Lessee fails to pay when due any rental or any other sums or charges due under <br />this Lease, and such failure continues for ten (10) days following written notice thereof <br />(provided, however, that Lessor shall be obligated to give only two such notices in any <br />calendar year, and after such two notices, Lessor will no longer be obligated to give any <br />othernotice under this section within such calendar year). <br />b.Other Breaches. Failure by Lessee to observe or perform any of the covenants, <br />conditions or provisions of this Lease to be observed or performed by Lessee, other than <br />as described in subsection a above, where such failure continues for a period of thirty <br />(30) days after written notice by Lessor to Lessee; provided, if the nature of Lessee’s <br />obligation which it has failed to perform is such that more than thirty (30) days are <br />reasonably required for itscure, then it shall not be deemed an event of default if Lessee <br />commences such cure within the thirty (30) day period and, having so commenced, <br />16 <br /> <br />
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