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Res 1989-074
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Res 1989-074
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Last modified
8/2/2007 5:09:07 PM
Creation date
8/2/2007 5:09:07 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1989-74
Date
8/14/1989
Volume Book
95
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<br /> -16- <br /> then in such event this Agreement shall, at the option <br /> of LESSOR, immediately terminate and end on the date <br /> set forth in a notice of cancellation to LESSEE <br /> deposited in the u.S. Mail, certified, return receipt <br /> requested, addressed to LESSEE as provided he re i nbe low <br /> in Paragraph XXIII, and LESSEE shall immediately quit and <br /> surrender the leased premises to LESSOR and LESSEE shall <br /> remain liable for any unpaid rentals, damages, expenses, <br /> and costs, including attorney's fees, incurred by LESSOR <br /> as a result of such default and termination. <br /> ( 4) If LESSEE shall become a bankrupt, or insolvent, or file <br /> any debtor proceedings, or take or have taken against <br /> Lessee in any court pursuant to any statute either of the <br /> United States or of the State of Texas a petition in <br /> bankruptcy or insolvency or for reorganization or for the <br /> appointment of a receiver or trustee for all or a portion <br /> of Lessee's property, or if Lessee makes an assignment for <br /> the benefit of creditors, or petitions for or enters into <br /> an arrangement, or suffers this Agreement to be taken under <br /> a writ of execution or attachment or if this Agreement <br /> passes to or dissolves upon by law or otherwise to anyone <br /> other than LESSEE except as herein provided, the same shall <br /> constitute a default on the part of LESSEE and upon LESSOR <br /> depositing in the u.S. Mail, certified, return receipt <br /> requested, written notice of cancellation of this Agreement <br /> to LESSEE addressed as set forth hereinbelow in <br /> Paragraph XXIII specifying the nature of said default and <br /> upon LESSEE'S failure to cure or remedy such default <br /> within ten (10) days thereafter, then this Agreement shall <br /> terminate and end on the date set forth in such notice of <br /> cancellation, and LESSEE shall quit and surrender <br /> the leased premises to LESSOR and LESSEE shall remain <br /> liable for any unpaid rentals and other monies to <br /> the date of termination ,and thereafter as provided <br /> by law. <br /> ( 5) Upon LESSEE'S breach of the covenant set forth in Paragraph <br /> VII(B) hereof, this Agreement shall immediately <br /> terminate and end on the date set forth in a <br /> notice of cancellation to LESSEE deposited in the U.S. <br /> Mail, certified, return receipt requested, addressed to <br /> LESSEE as set forth hereinbelow in Paragraph XXIII, and <br /> LESSEE shall immediately quit and surrender the <br /> leased premises to LESSOR and LESSEE shall remain liable <br /> for any unpaid rentals, damages, expenses, and costs, <br /> including attorney's fees, incurred by LESSOR as a <br /> result of such default and termination. <br /> Termination of this Agreement under Paragraphs XVIII(A)(l), <br /> Paragraph XVI I I ( A ) ( 2 ) , XVI I I (A) ( 3 ) , XVI I I ( A) ( 4 ) , or XVI I I (A) ( 5 ) <br /> above shall not affect, waive, or limit any other remedies at law to <br /> which LESSOR may be entitled including, but not limited to, <br /> the enforcement of landlord's liens as provided in Chapter 54, <br /> Local Government Code, V.T.C.A., and the attachment of LESSEE's <br /> property as provided in the Texas Rules of Civil Procedure. <br /> B. Default by LESSOR. <br /> It is understood and agreed by and between LESSOR and LESSEE that <br /> the continuing use of said Airport as an airport for general aviation <br />
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