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City of San Marcos <br />Airport <br />13.01. The LESSOR grants permission to the LESSEE for the mortgaging of the <br />LESSEE's leasehold interest in the LEASED PREMISES for the sole purpose of <br />obtaining funding for permanent improvements to the LEASED PREMISES. The <br />LESSEE will provide written notification to the LESSOR of each such mortgage <br />within Ten (10) days after it is executed. The LESSOR agrees that any lien in its <br />favor arising under this LEASE as to the LEASED PREMISES will be <br />subordinate to the lien of the mortgagee under each such mortgage. This clause is <br />self operative and no further instrument of subordination need be required by any <br />mortgagee of the LESSEE. The mortgaging by the LESSEE of its leasehold <br />interest for any other purpose, however, shall require the advance written <br />approval of the LESSOR. In no event, however, shall any lien be asserted <br />against the underlying fee simple interest of LESSOR in the LEASED <br />PREMISES. <br />ARTICLE 14. OPERATION OF THE AIRPORT; LESSOR'S ACCESS TO LEASED <br />PREMISES <br />14.01 This LEASE, and any interest granted to any lender or other third party by <br />LESSEE, shall be subordinate to the provisions of any existing or future <br />agreement between LESSOR and the United States Government or the State of <br />Texas, which relates to the operation or maintenance of the Airport and is <br />required as a condition for the expenditure of federal funds for the development, <br />maintenance or repair of Airport infrastructure. In the event that any such <br />existing or future agreement directly causes a material restriction, impairment or <br />interference with LESSEE's primary operations on the LEASED PREMISES <br />( "Limitation ") for a period of less than seven (7) calendar days, this LEASE <br />shall continue in full force and effect. If the Limitation lasts more than seven (7) <br />calendar days, LESSEE and LESSOR shall negotiate in good faith to resolve or <br />mitigate the effect of the Limitation. If LESSEE and LESSOR are in good faith <br />unable to resolve or mitigate the effect of the Limitation, and the Limitation lasts <br />between seven (7) and one hundred eighty (180) days, then for such period (i) <br />LESSEE may suspend the payment of any rent due hereunder, but only if <br />LESSEE first provides adequate proof to LESSOR that the Limitation has directly <br />caused LESSEE a material loss in revenue; (ii) subject to ordinary wear and tear, <br />LESSOR shall maintain and preserve the LEASED PREMISES and its <br />improvements in the same condition as they existed on the date such Limitation <br />commenced; and (iii) the term of this Lease shall be extended, at LESSEE's <br />option, for a period equal to the duration of such Limitation. If the Limitation <br />lasts more than one hundred eighty (180) days, then (i) LESSOR and LESSEE <br />may, but shall not be required to, (a) further adjust the payment of rent and other <br />fees or charges, (b) renegotiate maintenance responsibilities and (c) extend the <br />term of this LEASE, or (ii) LESSEE may terminate this LEASE upon thirty (30) <br />days' written notice to LESSOR. <br />14.02 It is specifically understood and agreed that this LEASE does not grant or <br />authorize an exclusive right for conducting any aeronautical activity which is <br />Initials: Lessor Lessee <br />