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LESSEE__________ 14 LESSOR__________ <br /> <br />Premises unless Lessor provides Lessee with a written notice expressly stating that Lessor <br />has terminated this Lease or accepted a surrender of the Premises. Following a default by <br />Lessee under this Lease, Lessor shall exercise commercially reasonable, good faith efforts <br />to mitigate its damages as required by applicable law. <br /> <br />11.3 Default by Lessor. Lessor shall not be in default under this Lease unless Lessor <br />fails to perform an obligation required of Lessor under this Lease within thirty (30) days <br />after written notice by Lessee to Lessor. If the nature of Lessor's obligation is such that <br />more than thirty (30) days are reasonably required for performance or cure, Lessor shall <br />not be in default if Lessor commences performance within such thirty (30) day period and <br />thereafter diligently prosecutes the same to completion. <br /> <br />11.4 Survival. The provisions of this Section 10 and the remedies and rights provided <br />in Section 7 shall survive any expiration or termination of this Lease. <br /> <br />11.5 Holding Over. If Lessee remains in possession of the Premises and Improvements <br />after any expiration or termination of this Lease, it shall be deemed that the Lessee has <br />entered into such occupancy without the permission of Lessor. Such occupancy shall not <br />waive any default under this Lease and Lessor may terminate such occupancy as a tenancy <br />at sufferance. During such occupancy, Lessee shall comply with all provisions of this Lease <br />along with those that are applicable to a tenancy at sufferance, and reasonable rent for the <br />Premises shall be deemed to be the highest rate then charged at the Airport for ground rent <br />plus rent for the Improvements at its then fair market value based on Lessor’s survey of <br />rent for similarly situated facilities at the Airport and at other similar, tertiary airports in <br />the Western United States, which Lessor shall determine in its reasonable discretion. <br /> <br />12. General Provisions. <br />12.1 No Exclusive Rights. Nothing in this Lease shall be construed to grant to <br />Lessee any exclusive right or privilege for the conduct of any activity on the Airport, except <br />to lease the Premises for Lessee's exclusive use as provided herein. <br /> <br /> 12.2 Lease Preserves Authority’s Compliance. This Lease shall be interpreted <br />to preserve Lessor's rights and powers to comply with Lessor's Federal and other <br />governmental obligations. <br /> <br /> 12.3 Subordination to Authority’s Government Commitments. This Lease is <br />subordinate to the provisions of any Lease between Lessor and the United States or other <br />governmental authority (regardless of when made) that affects the Airport, including, but <br />not limited to, leases governing the expenditure of Federal funds for Airport improvements. <br />In the event that the Federal Aviation Administration or other governmental authority <br />requires any modification to this Lease as a condition of Lessor entering any lease or <br />participating in any program applicable to the Airport, including, but not limited to, those <br />providing funding, Lessee agrees to consent to any such modification. If a governmental <br />authority determines that any act or omission of Lessee or Lessee’s Associates has caused <br />or will cause Lessor to be noncompliant with any of Lessor's government commitments, <br />including, but not limited to, any assurances or covenants required of Lessor or obligations