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Res 1992-092
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Res 1992-092
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Last modified
7/12/2007 10:42:02 AM
Creation date
7/12/2007 10:42:02 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1992-92
Date
8/10/1992
Volume Book
107
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<br /> rebates, or other similar types of price reductions to <br /> volume purchasers. <br /> AR~ICLB XVII. <br /> Jliscellaneous <br /> 17.1. Whenever herein the singular number is used, the same shall <br /> include the plural, and the neuter gender shall include the <br /> feminine and masculine genders. <br /> 17.2 If any clause or provision of this Lease is illegal, invalid or <br /> unenforceable under present or future laws, the remainder of <br /> this Lease shall not be affected thereby, and the parties hereby <br /> declare that this Lease would have been entered into without <br /> such unenforceable portion. <br /> 17.3 This Lease may not be altered or amended, except by instrument <br /> in writing signed by both parties hereto. The terms, <br /> provisions, covenants and conditions contained in this Lease <br /> shall apply to, inure to the benefit of, and be binding upon the <br /> parties hereto, and upon their respective successors in interest <br /> and legal representatives, except as otherwise herein expressly <br /> provided. <br /> 17.4. The captions used in this Lease are for convenience only and do <br /> not in any way limit or amplify the terms and provisions <br /> thereof. <br /> 17.5. One or more waivers of any covenant, term or condition of this <br /> Lease by either party shall not be deemed as a waiver by that <br /> party as to any subsequent similar act or omission. <br /> 17.6. Whenever a period of time is herein prescribed for action to be <br /> taken, the parties hereto shall not be liable .or responsible <br /> for, and there shall be excluded from the computation of any <br /> such period of time, any delays due to strikes riots, acts of <br /> God, shortages of labor or materials, war, governmental laws, <br /> regulations or restrictions of any other causes of any kind <br /> whatsoever which are beyond the reasonable control of the <br /> parties. <br /> 17.7. The parties hereto represent and warrant that they have full <br /> right and lawful authority to enter into and perform the <br /> obligations under this Lease . Lessor represents and warrants <br /> that it has title to the demised premises as shown by the Deeds <br /> between the United States Government and the Lessor which are <br /> made a part hereof by reference. Lessor further covenants that <br /> upon pa}7IIlent of the rent, the Lessee shall have and enjoy, <br /> during the term hereof, quiet and undisturbed possession of the <br /> demised premises and all appurtenances appertaining thereto, <br /> together with the right to use the runways and taxiways of the <br /> Airport as contemplated herein; provided, however, that this <br /> Lease is subject to the rights of the United States of America <br /> to have exclusive or non-exclusive use, control and possession <br /> without charge, of the Airport or any portion thereof during <br /> periods of national emergency; and further subject to the right <br /> of the Federal Aviation Administration and United States <br /> Government to take a portion of the airport premises for air <br /> traffic control activities, weather reporting activities, or <br /> communication activities related to air traffic control, all as <br /> provided in the Deeds. <br /> 17.8. Nothing herein contained shall be deemed or construed by the <br /> parties hereto, nor by any third party, as creating the <br /> relationship of principal and agent or of partnership or of <br /> joint venture between the parties hereto, it being understood <br /> and agreed that neither the method of computation of rent, nor <br /> any other provision contained herein, nor any acts of the <br /> parties hereto, shall be deemed to create any relationship <br /> between the parties hereto other than the relationship of Lessor <br /> and Lessee. <br /> 17.9. Lessee warrants that it has had no dealings with any broker or <br /> agent in connection with the negotiation or execution of this <br /> -11- <br />
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