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2019-038 - Authorizing Assignment of Airport Ground Lease Agreement from Colin Marino to TEXBAMA2, LLC - Hangar M
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2019-038 - Authorizing Assignment of Airport Ground Lease Agreement from Colin Marino to TEXBAMA2, LLC - Hangar M
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10/30/2019 9:46:08 AM
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34. Any termination of this leaseas herein provided sh4 notrelieve LESSEE frorn the payment of <br />any swn or warns that shalithen be due and payable to LESSOR hereunder, or any claim or damages <br />then or th ffetofore acendng against LESSEE hereunder, and any sudh teffnination shall not prevent <br />LESSOR from enforcing the payinent of any suChsum or sums or claim darnageslay any rernedy <br />provided for by law or froin recovering damages ftom LESSEE for any defaialt thereunder. No <br />termination shall relieve LESSEE of" the obligation to deliver and perforin on all outstanding <br />obligations and requirements prior to the effective date of the termination. <br />35. In the event of the fiailuure on the as of LESSEE upon termination of".AGREEMENT to <br />immediately remove from the leased, premises 611 property owned by it, 1..,Essar may effect such <br />ren-ioval and store such property at. LESSEEs expense. <br />36. LESEE shall pay and discharge all reasonable costs., attomey's fees, and exlwnses diat may be <br />incurred by LIFE'SSOR. in enforcing the or ,A and conditions of AGREEMEN"I". <br />37. Notwithstanding the foregoing, nofiaflurc to perform or delay in perf <br />on-nance which is causedby <br />any war, civil disorder, or other national emergency or which is due to an. intervening act of God <br />shall be deenied an event of default during the pending force mkieure event. <br />38. Tenants ofhiingars which are built by LESSEE as consideration for a to ng-terni grraund le&se <br />-shall be given the rigJa.-of-first-refusal for the lease of such hangar upon the termination or expiration <br />of tfiie initial lease, the rental rate for such hangars to be deteTmnosed as set out herein, <br />RESERVED TO LESSOR: <br />39. Nothing herein contained shall be constmed to grant or authorize the granting of an exclusive <br />right except as to the premises leased herein.. <br />40. [,,ESSOR resLTves the right to further develop or finprove the landing area of the airport as it <br />sees fit, regardless of the desires or view of LESSEE, including -die temporary dlosing of the airp ort, <br />and the granting o:)f an exclusive right, <br />41. The parties agree that 1.2, SSOR has not waived its sovereign imrnunity by entering into and <br />perforining its obligations under this AGREEMENT, <br />42. LESSOR will maintain and keep in repair thelanding area of the airport and all publicly owned <br />facilities of the airport, together with the right to direct and control all activities of'l..,ESSEE in this <br />
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