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City of San Marcos <br />Airport <br />G. The LESSEE fails to construct to completion the FACILITIES as provided <br />under Article 5. <br />H. Any default by LESSEE under the Lease of Airport Property for use as an <br />FAA Repair Station entered into by the parties herein on August 2, 2011 <br />and approved by City Council Resolution No. 2011 -93. <br />I. LESSEE defaults on any mortgage advanced by a lender to finance the <br />Facilities, improvements, fixtures for the Leased Premises <br />11.02. The acceptance by the LESSOR of the LESSEE's monthly payments or quarterly <br />payments subsequent to the occurrence of any event of default shall be considered <br />to be compensation for LESSEE's use and occupancy of the LEASED <br />PREMISES, and shall in no way constitute a waiver by the LESSOR of its right to <br />exercise any remedy provided for any event of default. <br />11.03. Upon the occurrence of any of the events of default, the LESSOR shall have the <br />option to pursue any One (1) or more of the following remedies without any <br />notice or demand whatsoever: <br />A. Terminate this LEASE. In this event the LESSEE shall immediately <br />surrender the LEASED PREMISES to the LESSOR, and if the LESSEE <br />fails to do so, the LESSOR may enter and take possession of the LEASED <br />PREMISES and remove the LESSEE and any other person occupying the <br />premises, by force if necessary, without prejudice to any other remedy it <br />may have for possession or arrearages in rent, and without being liable for <br />any resulting damages. The LESSEE agrees to pay to the LESSOR the <br />amount of all resulting costs, losses and damages incurred by the LESSOR <br />within Thirty (30) days of the LESSOR's issuance of a statement to the <br />LESSEE. If LESSOR terminates this LEASE, LESSEE shall be deemed <br />to have relinquished all right, title and interest in and to all real property <br />improvements and the FACILITIES on the LEASED PREMISES and <br />such shall become the property of the LESSOR. <br />B. Relet the LEASED PREMISES and receive the rent. The LESSEE agrees <br />to pay to the LESSOR any resulting costs, and any deficiency that may <br />arise by reason of reletting, within Thirty (30) days of the LESSOR's <br />issuance of a statement to the LESSEE. <br />C. Enter the LEASED PREMISES, by force if necessary, without being <br />liable for prosecution or any claim for damages, and do whatever the <br />LESSEE is obligated to do under the terms of this LEASE. The LESSEE <br />agrees to reimburse the LESSOR for any expenses the LESSOR incurs in <br />effecting compliance with the LESSEE's obligations under this LEASE, <br />within Thirty (30) days of the LESSOR's issuance of a statement for the <br />expenses to the LESSEE. The LESSOR and its officers, agents and <br />Initials: Lessor_Lesseel-"'- <br />