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<br />I <br /> <br />I <br /> <br />I <br /> <br />conflict between the Sublease or the City Lease and these procedures, regulations and standards will <br />be resolved in favor of the procedures, regulations and standards. <br /> <br />Section 8. Payments by TEJAS to the City. TEJAS agrees to pay to the City a franchise fee in the <br />form ofa monthly amount equal to one percent (l %) ofTEJAS' gross income from all commercial <br />activity at the Airport, excluding sales or services to federal, state or local governments or other tax <br />exempt organizations or agencies. TEJAS shall provide access to the City, upon reasonable notice, to <br />all business records necessary to verify the amount of fees and/or percentage rental due under this <br />Lease. Payment is to be made within 10 days of the last day of the previous month and shall be <br />based on TEJAS' income during the previous month. IfTEJAS fails to pay any sum payable to the <br />City under the terms of this Agreement when due, then interest at the maximum legal rate in the <br />State of Texas shall accrue from the date on which the sum became due and payable. <br /> <br />Section 9. Term. The term of this Agreement commences on October 1,2004 and will terminate on <br />the date the Sublease, or any extension of the Sublease, is terminated. <br /> <br />Section 10. Use of Premises. The use of the Facility by TEJAS shall be restricted to aviation <br />purposes, unless otherwise approved in writing by the Hearn and the City. Specifically, the Facility <br />shall be used and occupied for the following business activity: Refurbishment of general aviation <br />aircraft, most of which will be light twin-engine aircraft, including stnpping and painting. TEJAS <br />shall not use the Facility for any other purpose without the advance written consent of Hearn and the <br />City. TEJ AS shall use the Facility in good fmth continuously for this purpose throughout the tenn of <br />this Agreement. TEJAS shall not leave the FacIlity vacant at any time, and shall keep the Facility <br />open to the public for business during normal business hours. <br /> <br />Section 11. TEJAS Compliance with Hearn Obligations. TEJAS agrees to comply with all <br />obligations of Hearn in the City Lease with respect to the following: <br /> <br />1. <br /> <br />Placing or keeping anything on the Facility or use of the Facility for any purpose which <br />increases the insurance premium cost or invalidates any insurance policy carried on the <br />Facility. <br />Risk of loss and damage for all property kept, stored or maintained by it within the Facility. <br />Use of the Facility in any manner that results in waste of the Facility or constitutes a <br />nuisance, or violates any statute, ordinance, rule or regulation that applies to the Facility. <br />Keeping the Property, including ramps, signs, sidewalks, service ways, and loading areas <br />adjacent to the Property, neat, clean, and free from dirt and trash at all times. <br />Storage of all equipment, materials and supplies related to TEJAS' activities. Outside <br />storage is specifically prohibited without the advance written consent of the Hearn and the <br />City. <br />Maintenance of the Facility in good and clean condition. <br />Compliance with all governmental laws, ordinances and regulations that apply to the <br />business operations on the Facility. <br />Securing the prior written consent of the City for any alterations, additions, or improvements <br />to the Facility. TEJAS acknowledges and agrees that all improvements, alterations, <br />additions and fixtures which are made or installed in or on the Facility shall remain <br /> <br />2. <br />3. <br /> <br />4. <br /> <br />5. <br /> <br />6. <br />7. <br /> <br />8. <br /> <br />2 <br />