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Res 2011-054
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Res 2011-054
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Last modified
11/18/2011 12:02:08 PM
Creation date
5/11/2011 2:07:14 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2011-054
Date
5/3/2011
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City of San Marcos Airport <br />any resulting damages. The LESSEE agrees to pay to the LESSOR the <br />amount of all resulting costs, losses and damages incurred by the LESSOR <br />within Thirty (30) days of the LESSOR's issuance of a statement to the <br />LESSEE. If LESSOR terminates this LEASE, LESSEE shall be deemed <br />to have relinquished all right, title and interest in and to all real property <br />improvements and the FACILITIES on the LEASED PREMISES and <br />such shall become the property of the LESSOR. <br />B. Relet the LEASED PREMISES and receive the rent. The LESSEE agrees <br />to pay to the LESSOR any resulting costs, and any deficiency that may <br />arise by reason of reletting, within Thirty (30) days of the LESSOR's <br />issuance of a statement to the LESSEE. <br />C. Enter the LEASED PREMISES, by force if necessary, without being <br />liable for prosecution or any claim for damages, and do whatever the <br />LESSEE is obligated to do under the terms of this LEASE. The LESSEE <br />agrees to reimburse the LESSOR for any expenses the LESSOR incurs in <br />effecting compliance with the LESSEE's obligations under this LEASE, <br />within Thirty (30) days of the LESSOR's issuance of a statement for the <br />expenses to the LESSEE. The LESSOR and its officers, agents and <br />employees shall not be liable for any damages or injuries that result to the <br />LESSEE from any action taken under this paragraph, whether caused by <br />the negligence of the LESSOR or otherwise. <br />THE CITY'S PURSUIT OF ANY OF THESE REMEDIES WILL NOT PRECLUDE PURSUIT <br />OF ANY OTHER REMEDIES PROVIDED UNDER THIS LEASE OR BY LAW, NOR WILL <br />PURSUIT OF ANY REMEDY CONSTITUTE A WAIVER OF ANY RENT DUE TO THE <br />CITY OR OF ANY DAMAGES CAUSED TO THE CITY BY ANY VIOLATION OF THIS <br />LEASE BY THE LESSEE. ANY FAILURE BY THE CITY TO ENFORCE A REMEDY <br />UPON AN EVENT OF DEFAULT SHALL NOT BE DEEMED TO CONSTITUTE A <br />WAIVER OF THE DEFAULT OR OF THE CITY'S RIGHT TO INSIST ON STRICT <br />COMPLIANCE WITH THIS LEASE. <br />11.04. The LESSOR's pursuit of any of these remedies will not preclude pursuit of any <br />other remedies provided under this LEASE or by law, nor will pursuit of any <br />remedy constitute a waiver of any rent due to the LESSOR or of any damages <br />caused to the LESSOR by any violation of this LEASE by the LESSEE. Any <br />failure by the LESSOR to enforce a remedy upon an event of default shall not be <br />deemed to constitute a waiver of the default or of the LESSOR's right to insist on <br />strict compliance with this LEASE. <br />11.05. If it becomes necessary for the LESSOR to employ an attorney to enforce or <br />defend any of the LESSOR's rights or remedies because of any breach or default <br />by the LESSEE under this LEASE, the LESSEE agrees to pay all reasonable <br />attorney's fees incurred by the LESSOR, within Thirty (30) days of the <br />LESSOR's issuance of a statement for the fees to the LESSEE. <br />Commercial Land Lease Page 1 1 of 18 <br />
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