|
a. City Remedies. In an event of default occurs and the applicable cure period has expired, at
<br /> any time after such occurrence and prior to the cure thereof, with or without additional
<br /> notice or demand and without limited City's rights or remedies as a result of the event of
<br /> default,City may terminate this MOU on written notice to DJC and DJC shall immediately
<br /> surrender the property.
<br /> 11. Assignment of MOU.DJC may not assign this MOU, or any of its rights or obligations hereunder,
<br /> in whole or in part,without the prior written consent of the City.
<br /> 12. Assignment of Leasehold Interest Following Completion. Upon completion of a built-to-suit
<br /> hangar, DJC may,but is not obligated to, assign, sell or transfer any or all of its leasehold interest
<br /> and obligations to the owner(s)or affiliate of the owner(s)of the aircraft for which the built-to-suit
<br /> hanger was constructed, with the written consent of City, which such consent shall not be
<br /> unreasonably withheld.
<br /> 13. Trash and Debris.DJC shall keep the premises and adjacent areas,together with any signage on or
<br /> near the airport, reasonably neat, clean and free from dirt and trash at all times. DJC will provide
<br /> necessary waste receptacles for use by DJC, its agents, contractors, employees, invitees, or
<br /> licensees and shall arrange for remove of the trash at its sole expense.
<br /> 14. Airport Rules and Regulations; Minimum Standards. DJC agrees to comply with the San Marcos
<br /> Regional Airport Rules and Regulations and Airport Minimum Standards as they exist today and
<br /> may be amended in the future.
<br /> 15. Airport Operations.DJC shall not impede or interrupt regular airport operations during any time of
<br /> construction for existing tenants and users.
<br /> 16. Non-Discrimination Requirements. It is specifically understood and agreed that this MOU does not
<br /> grant or authorize an exclusive right for conducting any aeronautical activity which is unlawfully
<br /> discriminatory.DJC specifically agrees not to discriminate in its use of the Leased Premises in any
<br /> manner prohibited by applicable FAA regulations. DJC, for itself, its personal representative,
<br /> successors in interest and assigns,as part of the consideration herein,agrees that no person shall be
<br /> excluded from participation in or denied the benefits of DJC's use of the Airport on the basis of
<br /> race, color, national origin,religion,handicap or gender. DJC further agrees for itself, its personal
<br /> representatives, successors in interest and assigns that no person shall be excluded from the
<br /> provision of any service on or in the construction of any improvements or alterations to the Premises
<br /> on grounds of race,color,national origin,religion,handicap or gender. In addition,DJC covenants
<br /> and agrees that it will at all times comply with any applicable requirements imposed by or pursuant
<br /> to Title 49 of the Code of Federal Regulations,Part 121,Non-Discrimination in Federally Assisted
<br /> Programs of the Department of Transportation,and with any applicable future amendments thereto.
<br /> 17. hldemnity. DJC SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY AND
<br /> ITS OFFICERS,EMPLOYEES,AGENTS(INCLUSIVE OF AIRPORT MANAGEMENT)AND
<br /> REPRESENTATIVES (COLLECTIVELY, THE "INDEMNIFIED PARTIES"), FROM AND
<br /> AGAINST ALL COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES,
<br /> EXPENSES AND COURT COSTS), LIABILITIES, DAMAGES (EXCLUSIVE OF
<br /> CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES),
<br /> CLAIMS, SUITS, ACTIONS AND CAUSES OF ACTIONS. ("CLAIMS"), TO THE EXTENT
<br /> ARISING DIRECTLY OR INDIRECTLY,OUT OF(i)ANY BREACH OF THIS MOU BY DJC
<br /> AND ITS AGENTS, CONTRACTORS, EMPLOYEES, LICENSEES AND INVITEES,
<br /> (COLLECTIVELY THE "DJC PARTIES"), (ii) ANY FALSE REPRESENTATION OR
<br />
|