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Res 1975-044
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Res 1975-044
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8/25/2008 1:28:19 PM
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8/25/2008 1:28:19 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
1975-44
Date
9/22/1975
Volume Book
45
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<br />I <br /> <br />,/1.5. <br /> <br />I <br /> <br />J 16. <br /> <br />I <br /> <br />. <br /> <br />..,' <br /> <br />. <br /> <br />and such partial taking shall render that portion of the <br />demised premises not so taken unsuitable for the business of <br />Lessee, then this lease and the term herein shall cease and <br />terminate as aforesaid. If such partial taking is not exten- <br />sive enough to render the premises unsuitable for the business <br />of Lessee, then this lease shall continue in effect except <br />that the minimum rental shall be reduced and adjusted in an <br />appropriate manner. <br /> <br />c. If this lease is terminated as provided in this p,aragraph, rent <br />shall be paid up to the date that possession is so taken by <br />public authority, and Lessor shall make an equitable refund <br />of any rent paid by Lessee in advance. <br /> <br />D. Award: Lessee shall not be entitled to and expressly waives <br />all claim to any condemnation award for any taking, whether <br />whole or partial, and whether for diminution in value of the <br />leasehold or to the fee although, Lessee shall have the right, <br />to the extent that the same shall not reduce Lessor's award, <br />to claim from the condemnor, but not from Lessor, such compen- <br />sation as may be recoverable by Lessee in its own right for <br />damage to Lessee's business and fixtures. <br /> <br />Default. <br /> <br />If Lessee fails to pay any rental or other payment due hereunder <br />or upon its failure to perform any other of the terms of this lease <br />to be observed.or performed by Lessee on its part to be observed <br />or performed, or if Lessee shall become a bankrupt, or insolvent, <br />or file any debt or proceedings, or take or have taken against <br />Lessee in any court pursuant to any statute either of the United <br />States or of the State of Texas a petition in bankruptcy or insol- <br />vency or for reorganization or for the appointment or a receiver <br />or trustee of all or a portion of Lessee's property, or if Lessee <br />makes an assignment for the benefit of creditors, or petitions for <br />or enters into an arrangement, or suffers this lease to be taken <br />under any writ of execution or attachment, or if this lease shall <br />pass to or dissolve upon by law or otherwise, one other than Lessee <br />except as herein provided, then, in anyone or more such events, <br />upon Lessor serving written thirty (30) day notice of cancellation <br />upon Lessee specifying the nature of said default, and if, at the <br />expiration of said thirty (30) days, Lessee shall have failed to <br />comply with or remedy such default, then this lease and the term <br />thereunder, shall, at the option of Lessor, terminate and come to <br />an end on the date specified in such notice of cancellation, and <br />Lessee shall quit and surrender the demised premises to Lessor as <br />if the term hereunder ended by the expiration of the time fixed <br />herein, and Lessee shall remain liable for any unpaid rent and all <br />other charges up to the date of termination. <br /> <br />If the Lessor shall be in default in performing any of the terms or <br />provisions of this lease required on its part to be performed, and <br />Lessee shall give Lessor notice in writing of such default, and if <br />the Lessor shall fail to cure such default within thrity (30) days <br />after service of such notice, then and in such event, this lease <br />shall be terminated and cancelled. <br /> <br />Operation of the Airport. <br /> <br />Lessor reserves the right to operate the airport in accordance with <br />the obligation to the Federal or State Government under any of the <br />agreements for which aid for development was granted; PROVIDED, <br />HOWEVER, if such operation restricts the operation of Lessee on <br />the demised premises, appropriate rental reductions shall be <br />negotiated. In the event that appropriate rental reductions cannot <br />be negotiated between the parties hereto, then in such event, this <br />lease shall terminate and the parties hereto shall have no further <br />obligations hereunder. <br /> <br />-6- <br />
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