THEIR ROUTING AND PARKING, MUST BE APPROVED BY THE
AUTHORITY.
EXCEPT IN DESIGNATED AREAS WITH PRIOR WRITTEN APPROVAL OF THE
AUTHORITY, TENANT SHALL NOT STORE ANY CLASS-A EXPLOSIVES (AS DEFINED BY THE
UNITED STATES DEPARTMENT OF TRANSPORTATION) AT, ON OR IN THE LEASED PREMISES.
ALL VEHICLES USED IN AIR OPERATIONS AREAS SHALL BE EQUIPPED AND OPERATED IN
ACCORDANCE WITH APPLICABLE LAWS AND THE REGULATIONS OF THE AUTHORITY, THE FAA,
THE TSA, AND ALL OTHER APPLICABLE GOVERNMENTAL ENTITIES.
(C)
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN
THIS LEASE, THE RIGHTS GRANTED IN THIS LEASE AGREEMENT SHALL NOT BE CONSTRUED AS
PERMITTING ANY PERSON TO CONDUCT ANY BUSINESS AT THE AIRPORT (INCLUDING WITHOUT
LIMITATION AT, ON OR IN THE LEASED PREMISES) EXCEPT AFTER FIRST SECURING FROM
THE AUTHORITY A LICENSE AND/OR OTHER FORM OF PERMISSION TO CONDUCT THAT BUSINESS
AND PAYING APPLICABLE FEES AND CHARGES THEREFOR.
ARTICLE III.
REPRESENTATIONS, WARRANTIES AND COVENANTS
Section 301.
Representations, Warranties and
Covenants by Authority.
The Authority makes the following representations,
warranties and covenants to Tenant as the basis for the Authority's undertakings
herein:
17
(A)
THE AUTHORITY IS DULY ORGANIZED AS A MUNICIPAL
CORPORATION PURSUANT TO THE LAWS OF THE STATE AND HAS THE POWER TO EXECUTE,
DELIVER AND ENTER INTO THIS LEASE AGREEMENT AND TO CARRY OUT ITS OBLIGATIONS
HEREUNDER.
BY PROPER ACTION OF ITS BOARD, THE AUTHORITY HAS BEEN DULY
AUTHORIZED TO EXECUTE, DELIVER AND PERFORM ITS OBLIGATIONS UNDER THIS LEASE
AGREEMENT.
(B)
THIS LEASE AGREEMENT CONSTITUTES THE VALID
AND BINDING OBLIGATION OF THE AUTHORITY, ENFORCEABLE AGAINST THE AUTHORITY IN
ACCORDANCE WITH ITS TERMS, SUBJECT TO (I) BANKRUPTCY, INSOLVENCY,
REORGANIZATION, MORATORIUM AND SIMILAR LAWS AFFECTING CREDITORS' RIGHTS
GENERALLY HERETOFORE OR HEREAFTER ENACTED; AND (II) THE EXERCISE OF JUDICIAL
DISCRETION IN ACCORDANCE WITH THE GENERAL PRINCIPLES OF EQUITY.
(C)
NO APPROVALS OR CONSENTS, OTHER THAN THOSE
THAT HAVE BEEN OBTAINED, ARE NECESSARY IN ORDER FOR THE AUTHORITY TO ADOPT,
EXECUTE AND DELIVER THIS LEASE AGREEMENT.
(D)
THE AUTHORITY HAS A LEASEHOLD INTEREST IN THE
FACILITIES, SUBJECT TO PERMITTED ENCUMBRANCES.
(E)
THE AUTHORITY HAS FULL RIGHT AND AUTHORITY
TO LEASE THE LEASED PREMISES TO TENANT AS SET FORTH HEREIN.
(F)
THIS LEASE AGREEMENT HAS BEEN DULY EXECUTED
AND DELIVERED BY DULY AUTHORIZED OFFICERS OF THE AUTHORITY.
(G)
NEITHER THE EXECUTION AND DELIVERY OF THIS
LEASE AGREEMENT, THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED HEREBY, NOR
THE FULFILLMENT OF OR COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS LEASE
AGREEMENT, WILL CONFLICT WITH OR RESULT IN A MATERIAL BREACH OF ANY OF THE
TERMS, CONDITIONS OR PROVISIONS OF ANY RESTRICTION, ORDINANCE, AGREEMENT OR
INSTRUMENT TO WHICH THE AUTHORITY IS NOW A PARTY OR BY WHICH IT IS BOUND, OR
CONSTITUTE A MATERIAL DEFAULT UNDER ANY OF THE FOREGOING, OR RESULT IN THE
CREATION OR IMPOSITION OF ANY MATERIAL LIEN, CHARGE OR ENCUMBRANCE OF ANY NATURE
WHATSOEVER UPON ANY OF THE PROPERTY OR ASSETS OF THE AUTHORITY UNDER THE TERMS
OF ANY INSTRUMENT OR AGREEMENT.
(H)
THERE IS NO LITIGATION NOW PENDING OR, TO THE
KNOWLEDGE OF THE AUTHORITY,