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Res 1997-107
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Res 1997-107
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6/11/2007 3:57:06 PM
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6/11/2007 3:57:06 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
1997-107
Date
6/23/1997
Volume Book
129
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<br />. . 7{,J <br /> 16.10 The right to conduct aeronautical activities for furnishing services to the public is granted the <br /> Lessee subject to Lessee agreeing to furnish said services on a fair, equal and not unjustly <br /> discriminatory basis to all users. <br /> ARTICLE 17. <br /> Miscellaneous <br />--~~ <br /> 17.1 Whenever the singular number is used, the same shall include the plural, and the neuter <br /> gender shall include the feminine and masculine genders. <br /> A. If any clause or provision of the Lease is illegal, invalid or unenforceable under the <br /> present or future laws effective during the term of this Lease, then and in that event, it is the <br /> intention of the parties that the remainder of this Lease shall not be affected thereby, and the <br /> parties declare that this Lease would have been entered into without such unenforceable <br /> portion. <br /> B. This Lease may not be altered, changed, or amended, except by instrument in writing <br /> signed by both parties. The terms, provisions, covenants and conditions contained in this <br /> Lease shall apply to, inure to the benefit of, and be binding upon the parties, and upon their <br /> respective successors in interest and legal representaives, except as otherwise expressly <br /> provided. <br /> 17.2 The captions used in this Lease are for convenience only and do not in any way limit or <br /> amplify the other terms and provisions. . <br /> 17.3 One or more waivers of any covenant, term or condition of this Lease by either party to or <br /> of any act by the other party requiring such consent or approval shall not be deemed to waive <br /> or render unnecessary consent to or approval of any subsequent similar act. <br /> 17.4 Whenever a period of time is prescribed for action to be taken by Lessor, Lessor shall not <br /> be liable or responsible for, and there shall be excluded from the computation of any such <br /> period of time, any delays due to strikes, acts of God, shortage of labor or materials, war, <br /> governmental laws, regulations or restrictions or any other causes of any kind whatsoever <br /> which are beyond the reasonable control of the Lessor. <br /> 17.5 Lessor represents and warrants that Lessor has full right and lawful authority to enter into <br /> and perform the Lessor's obligations under this Lease for the full term as stated above, and <br /> all extensions provided, and has title to the Leased Premises as shown by the Indenture <br /> between the United States Government and Lessor which has been made a part of this <br /> Lease by reference. Lessor further covenants that upon payment of the rent, Lessee shall <br /> ha,ve and enjoy, during the term of this Lease, quiet and undisturbed possession and all <br /> appurtenances appertaining, together with the right to use the runways and taxi-ways of the <br /> Airport facility as contemplated provided, however, that this Lease is subject' to the prior <br /> approval of the Federal Aviation Administration, and the rights of the United States of <br /> America to have exclusive or non-exclusive use, control and possession without charge, of <br /> the Airport or any portion thereof during periods of national emergency; and further subject <br /> to the right of the Federal Aviation Administration and United States Government to take a <br /> portion of the Airport premises for air traffic control activities, weather reporting activities, or <br /> communication activities related to air traffic control, all as provided in the Indenture. <br /> 11 <br />
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