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2 r, .�• Lease No.: DTFA07 -81 -L -01106 VHF Direction Finder Site Paris, Texas this } ease <,r u+ry fxeeeding lease (� Fie+jges E® +l+e- {ire ++times ifrec,r�frrtic� with p+rrsgr+rph F: {a -1 {F�) an�-1 {ej,sbcwe, or unary N %ear and tear, damage by nature elements and by circumstances over which _tile .GoverhiSicnt has no (.onirol, excepted) or (2) make an equitable adjustment in the lease arnowit- for-Me cost of such restoration of the prcnuses or the diminution of the value of the pre it whichever is less. Should a mutually acceptable settlement he made hereunder, the paities shall enter into a supplemental awreenient 11ele10 eifi cling such agreement. Failure to agree.to �ay-sli�`ti equitable adjustment shall be a dispute concerning a question ni fact within the meanie, of- C }ett4e- Eief -t#is- lease -- -- - - - - -- - - - -- ------ - - - - -- f,.-( a)- Exeept- -s"tl ter wise- prcwitied -i+r t tis-Len +rin -, a- gtwsi4,ff -of ft3 -,_4 9- 6sing- render the Lease which is not disposed of by agreement shall be decided by the Contracting Officer who shall, reduce his Decision to writing and rnail or otherwise furnish a copy thereof to the Lessor. The decision -of-the Contracting Officer shall be final and conclusive unless within 30 daws from the date of receipt --cat such copy, the Lessor mails or otherwise furnishes to the Contracting Officer a written appeal addressed to the Secretary, Department of Ti,cisporiation. The decision of the Secretary or his duly tt�lt+cr tied tepresentative for the determination of such appeals shall he final and conclusive unless determiued� a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary; or so gross �rcnieu_s as necessarily to imply had faith, or not supported by substantial evidence. in connection will �rw a "ppeal proceeding under this clause, the Lessor shall he afforded an opportunity to be heard and to offet evidence in support of its appeal. fending final decision of a dispute hereunder, the Lessor shall proceed - diligently with the performance of the Lease and in accordance with the Contracting Officer's (b) in connection -wit_h deeisi©fts provided for to paragraph (a) above- PROVILIPY). That nothiug.iu_Lhe lease shall fie crsttstiued as making final the decision of any a.inlnr is( +f}tik® 1a1; fo{ifesa +itati +�r �i,raril +*n a A�jtiestion of- law:-.--- _-- - -_ -__ 7. No Member of Congress or Resident Conunissioner shall be admitted to any share or part of this lease, or to any benefit to arise therefrom. S. The Lessor warrants that no person or selling agency has been employed or retained to solicit or secure this ICaSC upon an agreement or understanding for a commission, brokerage, percentage or contingent fee, except bona fide employees or bona fide established conuneicial or selling agencies maintained by the Lessor for the purpose of securing business. For breach or violation of this warranty, the Government shall have the right to annul this lease without liability, or in its discretion to deduct from amounts otherwise due under this lease or other considera- tion, the full amount of such commission, brokerage, percentage, or contingent fee. 9. All notices sent to the parties under the lease shall be addressed as follows: City of Par", Texaa To the Lessor: Post Office Box 1037 Paris, Texas 75460 To the Government: Department of Transportation, Federal Aviation Administration, r�-- P. Oe Box 1689, Attention: ASW -56, Fort Worth, Texas 76101 FAA I ORM 44-13 -2 Pg. 3 (8.76) Supersedes Previous Edition