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City of San Marcos <br />Airport <br />15.05. One (1) or more waivers of any covenant, term or condition of this LEASE by <br />either party shall not be deemed as a waiver by that party as to any subsequent <br />similar act or omission. <br />15.06. Whenever a period of time is prescribed for action to be taken by the LESSOR or <br />LESSEE, any delays due to strikes, riots, acts of God, shortages of labor or <br />materials, war, governmental laws, regulations or restrictions or any other causes <br />beyond the reasonable control of the LESSOR or LESSEE shall be excluded from <br />the computation of any such period of time. <br />15.07. The LESSOR represents and warrants that it has the lawful authority to enter into <br />this LEASE, and has title to the LEASED PREMISES as shown by the deeds to <br />AIRPORT property from the Federal government and the LESSOR. The <br />LESSOR further covenants that the LESSEE shall have and enjoy undisturbed <br />possession of the LEASED PREMISES as long as the LESSEE fully complies <br />with this LEASE. This LEASE is subject, however, to the right of the Federal <br />government to use and control the AIRPORT during periods of national <br />emergency; and is also subject to the right of the Federal government to take all or <br />a portion of the AIRPORT for federal activities. <br />15.08. This LEASE shall not be construed as creating the relationship of principal and <br />agent or of partnership or of joint venture between the parties. The only <br />relationship between the parties is only that of LESSOR and LESSEE's. <br />15.09. The LESSEE warrants that it has had no dealings with any broker or agent in <br />connection with the negotiation or execution of this LEASE and the LESSEE <br />agrees to indemnify and hold the LESSOR harmless from and against any and all <br />costs, expense or liability for commissions or other compensation and charges <br />claimed by any other broker or agent with respect to this LEASE. <br />15.10. The parties agree that the laws of the State of Texas shall govern this LEASE and <br />that exclusive venue for enforcement of this LEASE shall lie in Hays County, <br />Texas. <br />15.11. Wherever any notice is required or permitted under this LEASE, the notice shall <br />be in writing and sent by certified mail, return receipt requested, addressed to the <br />respective party at the following addresses. The LESSEE shall provide the <br />LESSOR with advance written notice of any change in its address. <br />LESSOR: LESSEE: <br />CITY OF SAN MARCOS SPECIALIZED AERO, LLC <br />630 East Hopkins Street 2285 Airport Drive <br />San Marcos, Texas 78666 San Marcos, Texas 78666 <br />Initials: Lessor Lessee <br />