Res 2008-023 - Laserfiche WebLink

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3. The City reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstructions; and to limit Officers Club AeroVentures San Marcos #1, LP and BLUE SKIES AVIATION, LLC from erecting any building or structure on the Airport or on the Property that would limit the usefulness of the Airport or constitute a hazard to aircraft. 4. The City reserves the right to further develop the Airport as it sees fit regardless of the desires of Officers Club AeroVentures San Marcos #1, LP and BLUE SKIES AVIATION, LLC, and without any hindrance or interference from Officers Club AeroVentures San Marcos #2, LP and BLUE SKIES AVIATION, LLC. The City expressly reserves the right to grant leases and privileges to other persons with respect to the Airport, even though the purposes for which these leases are given are the same and duplicate those contained in this Agreement. 5. During the time of war or national emergency, the City shall have the right to lease all or part of the landing areas at the Airport to the Federal government for military use, and, if a lease is executed, the provisions of this Agreement shall be suspended to the extent they are inconsistent with the provisions of the lease to the Federal government. 6. The City shall have the right to enter the Facility at all reasonable hours for the purpose of inspection. The City shall not be liable to BLUE SKIES AVIATION, LLC for any expense, loss, or damage from any such entry upon the Facility. Section 13. Miscellaneous. I. When the singular number is used in this Agreement, it will include the plural when appropriate, and the neuter gender will include the feminine and masctaline genders tiv'1en appropriate. 2. If any clause or provision of this Agreement is illegal, invalid or unenforceable under present or future laws, this Agreement will remain in effect, and the remaining provisions will continue in force if they can be given effect without the invalid portion. 3. This Agreement constitutes the entire agreement between the parties. This Agreement may be amended only by an instrument in writing signed by all parties. This Agreement shall apply to and be binding upon the parties, and upon their respective successors in interest and legal representatives, unless otherwise expressly provided in this Agreement. 4. The captions used in this Agreement are for convenience only and do not in any way limit or amplify the terms and provisions of this Agreement. 5. One or more waivers of any covenant, term or condition of this Agreement by any party shall not be deemed as a waiver by that party as to any subsequent similar act or omission. 6. Whenever a period of time is prescribed for action to be taken by BLUE SKIES AVIATION, LLC, any delays due to strikes, riots, acts of God, shortages of labor or materials, war, governmental laws, regulations or restrictions or any other causes beyond the reasonable control of BLUE SKIES AVIATION, LLC shall be excluded from the computation of any such period of time. 7. This Agreement shall not be construed as creating the relationship of principal and agent or of partnership or of joint venture between the parties. 8. The parties agree that the laws of the State of Texas shall govern this Agreement and that exclusive venue for enforcement of this Agreement shall lie in Hays County, Texas.