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<br />Lease No. DTFA07-01-L-01300 <br />Remote Transmitter/Receiver <br />(RTR) Site and Access Road <br />(Formerly VORTAC Site) <br />San Macros Municipal Airport <br />San Marcos, Texas <br /> <br />6. INTERFERENCE WITH GOVERNMENT OPERATIONS: <br /> <br />The Lessor agrees not to erect or allow to be erected any structure or obstruction <br />of whatsoever kind or nature on the site or adjoining land within the airport boundaries <br />that may interfere with the proper operation of the facilities installed by the Government <br />under the terms of this lease unless consent hereto shall first be secured from the <br />Government in writing. <br /> <br />7. FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES: <br /> <br />The Lessor agrees that any relocation, replacement, or modification of any <br />existing or future Government facilities covered by this lease during its term or any <br />renewal thereof made necessary by airport improvements or changes which in the <br />Government's opinion interfere with the technical and/or operational characteristics of the <br />Government's facilities will be at the expense of the Lessor, except when such <br />improvements or changes are made at the written request of the Government. In the <br />event such relocations, replacements, or modifications are necessitated due to causes not <br />attributable to either the Lessor or the Government, funding responsibility shall be <br />determined by the Government. <br /> <br />8. HAZARDOUS SUBSTANCE CONTAMINATION: <br /> <br />The Government agrees to remediate, at its sole cost, all hazardous substance <br />contamination on the leased premises that is found to have occurred as a direct result of <br />the installation, operation, and/or maintenance of the Government's facilities. The Lessor <br />agrees to remediate, at its sole cost, any and all other hazardous substance contamination <br />found on the leased premises. The Lessor also agrees to save and hold the Government <br />harmless for any and all costs, liabilities and/or claims by third parties that arise out of <br />hazardous contamination found on the leased premises not directly attributable to the <br />installation, operation and/or maintenance of the Government's facilities. <br /> <br />9. QUIET ENJOYMENT: <br /> <br />The Lessor warrants that they have good and valid title to the premises, and rights <br />of ingress and egress, and warrants and covenants to defend the Government's use and <br />enjoyment of said premises against third party claims. <br /> <br />4 <br />