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Res 1999-099
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8/22/2006 1:20:18 PM
Creation date
8/22/2006 1:19:32 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
1999-99
Date
5/10/1999
Volume Book
136
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<br />VOL 215PAcE 583 <br /> <br />shall not be liable for any damages or injuries that result to the Lessee from any action taken <br />under this paragraph, whether caused by the negligence of the Lessor or otherwise. <br /> <br />The Lessor's pursuit of any of these remedies will not preclude pursuit of any other remedies <br />provided under this Lease or by law, nor will pursuit of any remedy constitute a waiver of any rent <br />due to the Lessor or of any damages caused to the Lessor by any violation of this Lease by the <br />Lessee. Any failure by the Lessor to enforce a remedy upon an event of default shall not be <br />deemed to constitute a waiver of the default or of the Lessor's right to insist on strict compliance <br />with this Lease. <br /> <br />11.03. If it becomes necessary for the Lessor to employ an attorney to enforce or defend any of <br />the Lessor's rights or remedies because of any breach or default by the Lessee under this Lease, <br />the Lessee agrees to pay all reasonable attorney's fees incurred by the Lessor, within 30 days of <br />the Lessor's issuance of a statement for the fees to the Lessee. <br /> <br />Article 12. Landlord's Lien <br /> <br />12.01. The Lessee grants to the Lessor a valid first security interest upon all of the Lessee's <br />goods, chattels, furniture, fixtures and property upon the Leased Premises to secure all rents and <br />other sums due or to become due to the Lessor. The Lessee expressly waives all exemption laws <br />in favor of this security interest; and it is agreed that this express security interest shall be in <br />addition to, and not as a waiver of or substitute for any statutory or other liens of the Lessor. In <br />connection with this security interest, it is agreed that in the event of a breach or default by the <br />Lessee, the Lessor shall be entitled to exercise all rights and remedies provided to a secured party <br />after default under the Uniform Commercial Code ("UCC"), as adopted and amended in Texas, <br />with respect to all such property, including, without limitation, the right to take and retain <br />possession of the property and to sell it at public or private sale, or to use it in any other manner <br />authorized or provided in the UCC. Upon request by the Lessor, the Lessee agrees to execute <br />and deliver UCC Financing Statements to the Lessor as the Lessor deems necessary to perfect <br />the Lessor's security interest in the property, and proceeds thereof under the provisions of the <br />UCC. <br /> <br />Article 13. Lessee's Mortgage of Leasehold Interest <br /> <br />13.01. The Lessor grants permission to the Lessee for the mortgaging of the Lessee's leasehold <br />interest in the Leased Premises for the sole purpose of obtaining funding for permanent <br />improvements to the Leased Premises. This clause is self operative and no further instrument of <br />subordination need be required by any mortgagee of the Lessee. The mortgaging by the Lessee <br />of its leasehold interest for any other purpose, however, shall require the advance written approval <br />of the Lessor. <br /> <br />Article 14. Operation of the Airport; Lessor's Access to Leased Premises <br /> <br />14.01. The Lessor reserves the right to operate the Airport in accordance with, and this Lease is <br />subordinate to, the Lessor's obligations to the Federal and State governments under any of the <br />agreements for which aid for development of the Airport was or will be granted. If these <br /> <br />8 <br />
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