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City of San Marcos Airport <br />B. To charge fair, reasonable and nondiscriminatory discounts, rebates, or <br />similar price reductions to volume purchasers. <br />ARTICLE 15. MISCELLANEOUS <br />15.01. When the singular number is used in this LEASE, it will include the plural when <br />appropriate, and the neuter gender will include the feminine and masculine <br />genders when appropriate. <br />15.02. If any clause or provision of this LEASE is illegal, invalid or unenforceable under <br />present or future laws, this LEASE will remain in effect, and the remaining <br />provisions will continue in force if they can be given effect without the invalid <br />portion. <br />15.03. This LEASE may be amended only by an instrument in writing signed by both <br />parties, or by City Council review of the rental fees every Five (5) years as <br />allowed by the Minimum Standards. In the event there is an increase in rental <br />fees, such increase shall not exceed 107% of the then existing rate. This LEASE <br />shall apply to and be binding upon the parties, and upon their respective <br />successors in interest and legal representatives, unless otherwise expressly <br />provided in this LEASE. <br />15.04. The captions used in this LEASE are for convenience only and do not in any way <br />limit or amplify the terms and provisions of this LEASE. <br />15.05. One (1) or more waivers of any covenant, term or condition of this LEASE by <br />either party shall not be deemed as a waiver by that party as to any subsequent <br />similar act or omission. <br />15.06. Whenever a period of time is prescribed for action to be taken by the LESSOR or <br />LESSEE, any delays due to strikes, riots, acts of God, shortages of labor or <br />materials, war, governmental laws, regulations or restrictions or any other causes <br />beyond the reasonable control of the LESSOR or LESSEE shall be excluded from <br />the computation of any such period of time. <br />15.07. The LESSOR represents and warrants that it has the lawful authority to enter into <br />this LEASE, and has title to the LEASED PREMISES as shown by the deeds to <br />AIRPORT property from the Federal government and the LESSOR. The <br />LESSOR further covenants that the LESSEE shall have and enjoy undisturbed <br />possession of the LEASED PREMISES as long as the LESSEE fully complies <br />with this LEASE. This LEASE is subject, however, to the right of the Federal <br />government to use and control the AIRPORT during periods of national <br />emergency; and is also subject to the right of the Federal government to take all or <br />a portion of the AIRPORT for federal activities. <br />Commercial Land Lease Page 15 of 18 <br />