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<br /> VOL 184rAcE551
<br /> E. In the event of breach of any of the preceding nondiscrimination covenants, City
<br /> of San Marcos shall have the right to terminate the license, lease, permit, etc., and to reenter and
<br /> repossess the land and the facilities, and hold the same as if the Amendment had never been
<br /> made or issued.
<br /> X. Federally Assisted Programs
<br /> Lessee for itself, its successors in interest, and assigns, as a part of the consideration, does
<br /> covenant and agree as a covenant running with the land that in the event facilities are constructed,
<br /> maintained, or otherwise operated on the property described in this Amendment for a purpose for
<br /> which a Department of Transportation program or activity is extended or for another purpose
<br /> involving the provision of similar services or benefits, the Lessee shall maintain and operate the
<br /> facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part
<br /> 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, as
<br /> amended, and in compliance with the American With Disabilities Act, as amended.
<br /> XI. Lessor's Warranties
<br /> A. Lessor represents and warrants that Lessor has fun right and lawful authority to enter
<br /> into and perform Lessor's obligations under this Amendment and has title to the Leased Premises
<br /> as shown by the indenture between the United States of America and Lessor.
<br /> B. Lessor further covenants that if Lessee shall discharge the obligations set forth to be
<br /> performed by Lessee and shall comply with all applicable local, state and federal laws, rules and
<br /> regulations, Lessee shall have and enjoy during the term, quiet and undisturbed possession of said
<br /> Leased Premises and all appurtenances, together with the right to use the runways and taxiways of
<br /> said airport as contemplated; provided, however, that this Amendment is subject to the prior
<br /> approval the Federal Aviation Administration, and the United States of America to take a portion of
<br /> the airport for air traffic control activities, weather reporting activities and/or communication activities
<br /> related to air traffic control, all as provided in the indenture, and in such event, the provisions of this
<br /> Amendment, insofar as they are inconsistent with the rights of the United States of America and the
<br /> Federal Aviation Administration shall be suspended. Further, this Amendment shall be subordinant
<br /> to the provisions of any existing or future agreement between Lessor and the. United States relative
<br /> to the operation or maintenance of the airport, the execution of which has been or may be required
<br /> as a condition precedent to the expenditure of federal funds for the development of the airport;
<br /> provided that if the amendment restricts the operation of the improvements on the Leased Premises,
<br /> equitable rental reductions cannot be negotiated. In the event that the rental reductions cannot be
<br /> negotiated, then this Amendment shall terminate and end after sixty (60) days, and the parties shall
<br /> have no further obligations.
<br /> XII. Default
<br /> A. Default by Lessee.
<br /> (1) If Lessee fails to pay any rental or other monies when due Lessor, then in such
<br /> event, upon Lessor depositing in the U.S. Mail, certified, return receipt requested,
<br /> written notice of cancellation of this Amendment to Lessee addressed as set forth
<br /> below specifying the nature of the default and upon Lessee's failure to cure or
<br /> remedy such default within ten (10) days of Lessor's mail of notice, then this
<br /> Amendment shall, at the option of Lessor, terminate and end on the date set forth in
<br /> such notice of cancellation, and Lessee shall quit and surrender the Leased
<br /> Premises with aU improvements, including fuel tanks, intact to Lessor and Lessee
<br /> shall rema.in liable for any unpaid rentals and other monies to the date of termination
<br /> and all costs and expenses, including reasonable attorneys fees, incurred by Lessor
<br /> as a result of such default and termination and thereafter, as provided by law.
<br /> (2) If Lessee fails to perform any of the terms and covenants required by this
<br /> Amendment to be performed other than the payment of rentals or other monies due
<br /> Lessor, then in such event, upon Lessor depositing in the U.S. Mail, certified, return
<br /> receipt requested, written notice of cancellation of this Amendment to Lessee
<br /> addressed as set forth below specifying the nature of the default, and upon Lessee's
<br /> failure to cure or remedy such default within thirty (30) days of Lessor's mailing of
<br /> notice, this Amendment shall, at the option of Lessor, terminate and end on the date
<br /> set forth in such notice of cancellation, and Lessee shall quit and surrender the
<br /> Leased Premises with improvements, including fuel tanks, to Lessor and Lessee
<br /> shall remain liable for rentals and monies due Lessor to the date of termination, and
<br /> for any damages, expenses, and costs, including attorney's fees, incurred by Lessor
<br /> as a result of such default and termination.
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