Res 1999-003 - Laserfiche WebLink

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ARTICLE XIII Miscellaneous 13.1 Whenever the singular number is used, the same shall include the plural, and the neuter gender shall include the feminine and masculine genders. 13.2 If any clause or provision of this Lease is illegal, invalid or unenforceable under present or future laws, the remainder of this Lease shall not be affected thereby, and the parties declare that this Lease would have been entered into without such unenforceable portion. 13.3 This Lease may not be altered or amended, except by instrument in writing signed by both parties or by City Council review of the rental fees every five years as allowed by the Minimum Standards. The terms, provisions, covenants and conditions contained in this Lease shall apply to, inure to the benefit of, and be binding upon the parties, and upon their respective successors in interest and legal representatives, except as otherwise expressly provided. 13.4 The captions used in this Lease are for convenience only and do not in any way limit or amplify the terms and provisions. 13.5 One or more waivers of any covenant, term or condition of this Lease by either party shall not be deemed as a waiver by that party as to any subsequent similar act or omission. 13.6 Whenever a period of time is herein prescribed for action to be taken by Lessor, Lessor shall not be liable or responsible for, and there shall be excluded from the computation of any such period of time, any delays due to strikes, riots, acts of God, shortages of labor or materials, war, governmental laws, regulations or restrictions or any other causes of any kind whatsoever which are beyond the reasonable control of Lessor. 13.7 Lessor represents and warrants that Lessor has full right and lawful authority to enter into and perform the Lessor's obligations under this Lease for the full term as stated above, and all extensions here provided, and has title to the demised premises as shown by the Deeds between the United States Government and the Lessorwhich remain a part hereof by reference. Lessor further covenants that upon payment of the rent, the Lessee shall have and enjoy, during the term hereof, quiet and undisturbed possession of the demised premises and all appurtenances appertaining, together with the right to use the runways and taxiways of the Airport as contemplated, provided, however, that this Lease is subject to the rights of the United States of America to have exclusive or non-exclusive use, control and possession without charge, of the Airport or any portion thereof during periods of national emergency; and further subject to the right of the Federal Aviation Administration and United States Government to take a portion of the airport premises for air traffic control activities, weather reporting activities, or communication activities related to air traffic control, all as provided in the Deeds. 13.8 Nothing contained in this lease shall be deemed or construed by the parties, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties, it being understood and agreed that neither the method of 11