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Res 2018-107/Amended and Restated Revised Lease of Unimproved Property for Construction and Operation of Business Facilities with Berry Aviation, Inc. for an aircraft hangar and tract of land at the San Marcos Regional Airport
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Res 2018-107/Amended and Restated Revised Lease of Unimproved Property for Construction and Operation of Business Facilities with Berry Aviation, Inc. for an aircraft hangar and tract of land at the San Marcos Regional Airport
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12/27/2018 8:37:19 AM
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6/28/2018 4:05:39 PM
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Airport
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2018-107
Date
6/19/2018
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EXEMPLARY OR PUNITIVE DAMAGES FROM THE OTHER PARTY, <br />INCLUDING CLAIMS OF PERSONS AND ENTITIES CLAIMING BY OR <br />THROUGH ANY OF THEM AND OTHER SIMILAR CLAIMS OR DAMAGES. <br />d.Claims Against Lessee. If any claim, demand, suit or other action is made or brought by <br />any person or entity against Lessee arising out of or concerning this Lease, Lessee shall <br />give written notice thereof, to Lessor and Airport Management within ten (10) days after <br />receipt of such claim, demand, suit or action. <br />e.Notice. Lessee shall promptly (and in all events within three Business Days) notify <br />Lessor and Airport if it is involved in any accident on the Leased Premises or Airport. To <br />the extent Lessee’s officers are aware of any defects in Airport runways, taxiways, <br />landing areas, lighting systems or other facilities which may require immediate attention, <br />Lessee shall promptly notify Airport Management of the same (Lessor acknowledging <br />that inspection and reporting is not Lessee’s obligation, and that such notice is provided <br />as a courtesy to Lessor). <br />f.Security. Lessor does not guarantee police protection or security to Lessee or its property <br />and, except as provided in subsection b above, (i) Lessor and Airport Management shall <br />not be responsible for injury to any person on the Leased Premises or for harm to any <br />property which belongs to Lessee or those claiming by or through Lessee, or which may <br />be stolen, destroyed or damaged; and (ii) LESSEE SHALL DEFEND, INDEMNIFY <br />AND HOLD HARMLESS LESSOR AND AIRPORT MANAGEMENT AND THEIR <br />RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES <br />HARMLESS FROM AND AGAINST ANY AND ALL SUCH CLAIMS. <br />ARTICLE 12: CONDEMNATION <br />12.01 <br />Total: If the whole of the Leased Premises is taken by eminent domain, then this Lease shall <br />terminate as of the date the title vests in the condemning authority. <br />12.02 <br />Partial: If a portion of the Leased Premises is taken by eminent domain, and the partial taking <br />renders the Leased Premises unsuitable for the business of Lessee, then this Lease shall terminate; <br />provided, in the event the taking is of (i) that portion of the Leased Premises described in Exhibit <br />Ahereto, at Lessee’s option, this Lease shall not terminate but shall be amended to exclude such <br />portion of the Leased Premises and continue the Lease in place with respect to that portion of the <br />Leased Premises describedin Exhibit Bhereto; and (ii) that portion of the Leased Premises <br />described in Exhibit Bhereto, at Lessee’s option, this Lease shall not terminate but shall be <br />amended to exclude such portion of the Leased Premises and continue the Lease in place with <br />respect to that portion of the Leased Premises described in Exhibit Ahereto. If the partial taking <br />is not extensive enough to render, as applicable, that portion of the Leased Premises described in <br />Exhibit Aor that portion of the Leased Premises describedin Exhibit Bhereto unsuitable for the <br />business of Lessee, then this Lease shall continue in effect with respect to the remainder of the <br />Leased Premises, except that the fixed annual rental shall be reduced and adjusted in an <br />appropriate manner. <br />12.03 <br />Rent. Ifthis Lease is terminated as provided in this section, rent shall be paid up to the date that <br />title vests in the condemning authority, and Lessor shall make an equitable refund of any rent <br />paid by Lessee in advance. <br />13 <br /> <br />
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