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36. LESSOR reserves the right to further develop or improve the landing area of the airport as it <br />sees fit, regardless of the desires or view of LESSEE, including the temporary closing of the <br />airport, and the granting of an exclusive right. <br />37. The parties agree that LESSOR has not waived its sovereign immunity by entering into and <br />performing its obligations under this Lease. <br />38. LESSOR will maintain and keep in repair the landing area of the airport and all publicly <br />owned facilities of the airport, together with the right to direct and control all activities of <br />LESSEE in this regard. LESSOR has the right to temporarily close the airport or any of the <br />facilities thereon for maintenance, improvements, or for the safety of the public. <br />39. During a time of war or national emergency, LESSOR shall have the right to lease the <br />landing area or any part thereof to the United States Government for military use, and, if such <br />lease is executed, the provisions of this instrument insofar as they are inconsistent with the <br />provisions of the lease to the Government shall be suspended. <br />40. LESSOR reserves the right to take any action it considers necessary to protect the aerial <br />approaches of the airport against obstruction, together with the right to prevent LESSEE from <br />erecting, or permitting to be erected, any building or other structure on or adjacent to the airport <br />which, in the opinion of the LESSOR, would limit the usefulness of the airport or constitute a <br />hazard to aircraft. <br />41. During the final 180 days of the term of Lease, LESSOR shall have the right to erect and <br />maintain on or about the leased premises customary signs advertising the premises for lease. <br />42. This lease shall be subordinate to the provisions of any existing or future agreement between <br />LESSOR and the United States, relative to the operation or maintenance of the airport, the <br />execution of which has been or may be required as a condition precedent to the expenditure of <br />Federal funds for the development of the airport. <br />43. Holding over by LESSEE of the airport premises after the expiration of this Lease shall <br />operate and be construed as a tenancy from day to day at a rental rate computed from the rental <br />rate then prevailing under this lease. <br />44. LESSOR may, at its option, and following a ninety (90) day written notice period, terminate <br />Lease, or any parts thereof, which may be necessary in the event LESSOR desires to use the <br />property, or any portion thereof, for any governmental purpose as determined by LESSOR, such <br />as but not limited to, extension of runways or taxiways, utility or drainage improvements, or the <br />expansion of existing buildings or the erection of other airport facilities. <br />9 <br />