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City of San Marcos <br />Airport <br />14.06 The LESSEE, for itself, its personal representatives, successors in interest, and <br />assigns, as part of the consideration, hereby covenants and agrees as a covenant <br />running with this LEASE that: 1) no person shall be excluded from participation <br />in, denied the benefits of, or otherwise subjected to discrimination in the conduct <br />of business operations on the LEASED PREMISES on the grounds of sex, race, <br />creed, color, or national origin, 2) no person shall be excluded from participation <br />in, denied the benefits of, or otherwise be subjected to discrimination on the <br />grounds of sex, race, creed, color, or national origin in the construction of any <br />improvements on, over, or under the LEASED PREMISES, and 3) the LESSEE <br />shall use the premises in compliance with all other requirements imposed by 49 <br />CFR Part 21, Nondiscrimination in Federally Assisted Programs of the <br />Department of Transportation, as amended. In the event of breach of this <br />paragraph or of paragraph 14.07 by the LESSEE, the LESSOR shall have the <br />right to terminate the LEASE and to reenter and repossess the LEASED <br />PREMISES in accordance with Article 11. <br />14.07 The LESSEE assures that it will undertake an affirmative action program as <br />required by 14 CFR Part 152, Subpart E, to ensure that no person shall be <br />excluded from participating in any employment activities covered in 14 CFR Part <br />152, Subpart E on the grounds of race, creed, color, national origin, or sex. The <br />LESSEE assures that no person shall be excluded on these grounds from <br />participating in or receiving the services or benefits of any program or activity <br />covered by this subpart. The LESSEE assures that it will require that its covered <br />suborganizations provide assurances to the LESSEE that they similarly will <br />undertake affirmative action programs and that they will require assurances from <br />their suborganizations, as required by 14 CFR Part 152, Subpart E, to the same <br />effect. <br />14.08 During the time of war or national emergency, the LESSOR shall have the right to <br />LEASE all or part of the landing areas at the AIRPORT to the Federal <br />government for military use, and, if a LEASE is executed, the provisions of this <br />LEASE shall be suspended to the extent they are inconsistent with the provisions <br />of the LEASE to the government. <br />14.09 With 24 hours notice, except in the event of an emergency or as otherwise <br />required by law or rules and regulations of the United States Government or the <br />State of Texas, the LESSOR shall have the right to enter the LEASE Premises at <br />all reasonable hours for the purpose of inspection. The LESSOR shall not be <br />liable to the LESSEE for any expense, loss, or damage from any such entry upon <br />the LEASED PREMISES. <br />14.10 The right to furnish aeronautical services to the public is granted to the LESSEE <br />subject to the LESSEE agreeing: <br />A. To furnish the services on a fair, equal and nondiscriminatory basis to all <br />users, and <br />Commercial Land Lease Page 14 of 18 <br />