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Res 2004-216
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Res 2004-216
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Last modified
7/26/2006 1:29:24 PM
Creation date
7/26/2006 1:25:07 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
2004-216
Date
12/13/2004
Volume Book
159
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<br />I <br /> <br />I <br /> <br />I <br /> <br />the provisions of the lease to the government. <br /> <br />13.08. The Lessor shall have the right to enter the Leased Premises at all reasonable hours for the <br />purpose of inspection. The Lessor shall not be liable to the Lessee for any expense, loss, or <br />damage from any such entry upon the Leased Premises. <br /> <br />Article 14. Miscellaneous <br /> <br />14.01. When the singular number is used in this Lease, it will include the plural when appropriate, <br />and the neuter gender will include the feminine and masculine genders when appropriate. <br /> <br />14.02. If any clause or provision of this Lease is illegal, invalid or unenforceable under present or <br />future laws, this Lease will remain in effect, and the remaining provisions will continue in force if they <br />can be given effect without the invalid portion. <br /> <br />14.03. This Lease may be amended only by an instrument in writing signed by both parties. This <br />Lease shall apply to and be binding upon the parties, and upon their respective successors in <br />interest and legal representatives, unless otherwise expressly provided in this Lease. <br /> <br />14.04. The captions used in this Lease are for convenience only and do not in any way limit or <br />amplify the terms and provisions of this Lease. <br /> <br />14.05. One or more waivers of any covenant, term or condition of this Lease by either party shall <br />not be deemed as a vvaiver by that party as to any subsequent similar act or omission. <br /> <br />14.06. Whenever a period of time is prescribed for action to be taken by the Lessor, any delays <br />due to strikes, riots, acts of God, shortages of labor or materials, war, governmental laws, <br />regulations or restrictions or any other causes beyond the reasonable control of the Lessor shall be <br />excluded from the computation of any such period of time. <br /> <br />14.07. The Lessor represents and warrants that it has the lawful authority to enter into this Lease, <br />and has title to the Leased Premises as shown by the deeds to Airport property from the Federal <br />government and the Lessor. The Lessor further covenants that the Lessee shall have and enjoy <br />undisturbed possession of the Leased Premises as long as the Lessee fully complies with this <br />Lease. This Lease is subject, however, to the right of the Federal government to use and control the <br />Airport during periods of national emergency; and is also subject to the right of the Federal <br />government to take all or a portion of the Airport for federal activities. <br /> <br />14.08. This Lease shall not be construed as creating the relationship of principal and agent or of <br />partnership or of joint venture between the parties. The only relationship between the parties is only <br />that of Lessor and Lessee. <br /> <br />14.09. The Lessee warrants that he has had no dealings wth any broker or agent in connection <br />with the negotiation or execution of this Lease and the Lessee agrees to indemnify and hold the <br />Lessor harmless from and against any and all costs, expense or liability for commissions or other <br />compensation and charges claimed by any other broker or agent with respect to this Lease. <br /> <br />14.10. The parties agree that the laws of the State of Texas shall govern this Lease and that <br />exclusive venue for enforcement of this Lease shall lie in Hays County, Texas. <br /> <br />14.11. Wherever any notice is required or permitted under this Lease, the notice shall be in writing <br />
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