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<br />170d
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<br />B. Partial: If any part of the demised premises or all or part of the San
<br />Marcos Municipal Airport shall be taken as aforesaid, and such partial taking
<br />shall render that portion of the demised premises not so taken unsuitable
<br />for the business of Lessee, then this lease and the term herein shall cease
<br />and terminate as aforesaid. If such partial taking is not extensive enough
<br />to render the premises unsuitable for the business of Lessee, then this
<br />lease shall continue in effect except that the minimum rental shall be
<br />reduced and adjusted in an appropriate manner.
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<br />C. If this lease is terminated as provided in this paragraph, rent shall l~e
<br />paid up to the date that possession is so taken by public authority, and
<br />Lessor shall ma~e an equitable refund of any rent paid by Lessee in a~,ance.
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<br />D. Award: Lessee shall not be entitled to and expressly waives all claim to
<br />any condemnation award for any taking, whether whole or partial, and whether
<br />for diminution in value of the leasehold or to the fee although, Lessee shall
<br />have the right, to the extent that the same shall not reduce Lessor's award,
<br />to claim from the condemnor, but not from Lessor, such compensation as may be
<br />recoverable by Lessee in its own right for damage to Lessee's business and
<br />fixtures.
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<br />14.
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<br />Default.
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<br />If Lessee fails to pay any rental or other payment due hereunder or upon its
<br />failure to perform any other of ,the terms of this lease to be observed or per-
<br />formed by Lessee on its part to be observed or performed, or if Lessee ShE,ll
<br />become a bankrupt, or insolvent, or file any debt or proce~dings, or take or
<br />have taken against Lessee in any court pursuant to any statute either of t.he
<br />United States or of the ste.te of Texas a petition in bankruptcy or insolvency or
<br />for reorganization or for the appointment of a receiver or trustee for all or a
<br />portion of Lessee's property, or if Lessee makes an assignment for the benefit of
<br />creditors, or petitions for or enters into an arrangement, or suffers this lease
<br />to be taken under any writ of execution or attachment, or if this lease shall pass
<br />to or dissolve upon by law or otherwise, one other than Lessee except as herein
<br />provided, then, in anyone or more such events, upon Lessor serving written thirty
<br />(30) day notice of cancellation upon Lessee specifying the nature of said default,
<br />and if, at the expiration of said thirty (30) days, Lessee shall have failed to
<br />comply with or remedy such default, then this lease and the term thereunder, shall,
<br />at the option of Lessor, terminate and come to an end on the date specified in
<br />such notice of cancellation, and Lessee shall quit and surrender the demised
<br />premises to Lessor as if the t.erm hereunder ended by the expiration of th,~ time
<br />fixed herein, and Lessee shall remain liable for any unpaid rent and all other
<br />charges up to the date of termination.
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<br />If the Lessor shall be in default in performing any of the terms or provlslons
<br />of this lease required on its part to be performed, and Lessee shall give Lessor
<br />notice in writing of such default, and if the Lessor shall fail to cure such
<br />default within thirty (30) days after service of such ntoice, then and in such
<br />event, this lease shall be terminated and cancelled.
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<br />15. Operation of the Airport.
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<br />Lessor reserves the right to operate the airport in accordance with the cbligation
<br />to the Federal or State Government under any of the agreements for which aid for
<br />development was granted; provided, however, if such operation restricts the
<br />operation of Lessee on the demised premises, appropriate rental reductions shall b(
<br />negotiated. In the event that appropriate rental reductions cannot be negotiated
<br />between the parties hereto, then in such event, this lease shall terminate and the
<br />parties hereto shall have no further obligations hereunder.
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<br />It is specifically understood and agreed that nothing contained herein shall be
<br />construed as a granting or authorizing the granting of an exclusive right for
<br />exercising of an aeronautical activity, nor to conduct any activity which is
<br />discriminatory and Lessee specifically agrees to operate a non-discriminE.tory
<br />operation.
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<br />Lessor reserves the right to take any action it considers necessary to protect
<br />the aerial approaches of the airport against obstructions; and additionally, to
<br />limit the Lessee from erecting or permitt'ing to be erected any building or
<br />structure on the airport and on the demised premises that would limit the useful-
<br />ness of the airport or that would constitute a hazard to aircraft.
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