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Res 2011-100
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Res 2011-100
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9/28/2011 4:13:17 PM
Creation date
8/23/2011 9:46:03 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2011-100
Date
8/16/2011
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set forth fully herein. Tenant shall comply with all Airport security and other rules and <br />regulations (whether now in effect or as amended or adopted during the term of this <br />Agreement) prescribed from time to time by Landlord or Manager and with any laws, rules, <br />regulations, standards, or policies (whether now in effect or amended or adopted during the <br />term of this Agreement) of any government entity or agency having jurisdiction over the Airport. <br />A copy of Landlord's current rules and regulations are available upon request from the Manager. <br />29) Condemnation and Eminent Domain: If during the term of this Agreement, the Premises are <br />taken for any public or quasi - public use under any statute or by right of eminent domain or <br />purchased under threat of such taking, this Agreement will terminate on the date the <br />condemning authority or purchaser takes possession of the Premises. Any rent paid in advance <br />for an unused term will be adjusted on a pro -rata basis. Tenant will have no interest of any kind <br />in any sale or condemnation proceeds. <br />30) Venue In the event of any action under this Agreement, venue for all causes of action shall be <br />instituted and maintained in Caldwell County, Texas. The parties agree that the laws of the State <br />of Texas shall apply to the interpretation, validity and enforcement of this Contract; and, with <br />respect to any conflict of law provisions, the parties agree that such conflict of law provisions <br />shall not affect the application of the law of Texas (without reference to its conflict of law <br />provisions) to the interpretation, validity and enforcement of this Agreement. <br />31) Mediation: Tenant agrees that Tenant will attempt to settle any dispute with Landlord, including <br />any claim for bodily injury or property damage, by mediation before filing a lawsuit in any court. <br />Both Landlord and Tenant shall each use commercially reasonably efforts to mitigate any <br />damages resulting from a default of the other party under this Lease. <br />32) Rendering to Tax Authoritv,: Tenant shall timely render to the Caldwell County Appraisal District <br />(and such taxing jurisdictions as may be required) all aircraft and other property as may be <br />required by law. Landlord shall pay all taxes (if any) on the real property comprising part of the <br />Premises, and Tenant shall pay all taxes on personal property located on or within the Premises. <br />33) Landlord may exercise Dower through Manager: Landlord may choose to exercise any of its <br />power, authority, or duties under this Agreement through Manager (or any subsequently <br />appointed Manager). All duties, obligations, warranties, indemnifications, and covenants owed <br />by Tenant to Landlord shall be likewise extended to Manager, and any notice or claim lawfully <br />made by Manager, or any duty performed by Manager, on behalf of Landlord, shall be fully <br />honored by Tenant as if it had been made or done by Landlord. <br />34) Sublease and Assignment: Tenant may not sublease any portion of the Premises or assign any <br />portion of this Agreement without the prior written consent of City. <br />
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