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Res 2007-044
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Res 2007-044
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Last modified
12/1/2008 11:51:28 AM
Creation date
3/29/2007 8:42:45 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
2007-44
Date
3/6/2007
Volume Book
171
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purpose of inspection. The City shall not be liabletothe Lessee forany expense, loss, ordamage <br />from any such entry upon the Leased Premises. <br />Article 15. Miscellaneous <br />15.01. When the singular number is used in this Lease, it will include the plural when appropriate, <br />and the neuter genderwill include the feminine and masculine genders when appropriate. <br />15.02. If any clause or provision of this Lease is illegal, invalid or unenforceable under present or <br />future laws, this Lease will remain in effect, and the remaining provisions will continue in force if <br />they can be given effect without the invalid portion. <br />15.03. This Lease may be amended only by an instrument in writing signed by both parties. This <br />Lease shall apply to and be binding upon the parties, and upon their respective successors in <br />interest and legal representatives, unless otherwise expressly provided in this Lease. <br />15.04. The captions used in this Lease are for convenience only and do not in any way limit or <br />amplify the terms and provisions of this Lease. <br />15.05. One or more waivers of any covenant, term or condition of this Lease by either party shall <br />not be deemed as a waiver by that party as to any subsequent similar act or omission. <br />15.06. Whenever a period of time is prescribed for action to be taken by the City, any delays due to <br />strikes, riots, acts of God, shortages of labor or materials, war, governmental laws, regulations or <br />restrictions or any other causes beyond the reasonable control of the City shall be excluded from <br />the computation of any such period of time. <br />15.07. The City represents and warrants that it has the lawful authority to enter into this Lease, and <br />has title to the Leased Premises as shown by the deeds to Airport property from the Federal <br />government and the City. The City further covenants that the Lessee shall have and enjoy <br />undisturbed possession of the Leased Premises as long as the Lessee fully complies with this <br />Lease. This Lease is subject, however, to the right of the Federal governmentto use and control the <br />Airport during periods of national emergency; and is also subject to the right of the Federal <br />governmentto take all or a portion of the Airport for federal activities. <br />15.08. This Lease shall not be construed as creating the relationship of principal and agent or of <br />partnership or of joint venture between the parties. The only relationship between the parties is that <br />of Lessor and Lessee. <br />15.09. The Lessee warrants that it has had no dealings with any broker or agent in connection with <br />the negotiation or execution of this Lease and the Lessee agrees to indemnify and hold the City <br />harmless from and against any and all costs, expense or liability for commissions or other <br />compensation and charges 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 that <br />exclusive venue for enforcement of this Lease shall lie in Hays County, Texas. <br />COSM Form 1/99 10
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