OF LANDLORD AND TENANT.
SECTION 2208.
NOTICES.
WHENEVER ANY NOTICE, CONSENT,
APPROVAL, OR PAYMENT IS REQUIRED BY THIS LEASE AGREEMENT TO BE MADE, GIVEN OR
TRANSMITTED TO THE PARTIES HERETO, THAT NOTICE OR PAYMENT SHALL BE ENCLOSED IN
AN ENVELOPE WITH SUFFICIENT POSTAGE ATTACHED TO INSURE DELIVERY AND DEPOSITED IN
THE UNITED STATES MAIL, CERTIFIED OR REGISTERED MAIL, OR SHALL BE SENT VIA
NATIONALLY-RECOGNIZED
93
OVERNIGHT COURIER SERVICE (E.G., FEDERAL EXPRESS), OR SHALL BE HAND DELIVERED,
IN ANY EVENT ADDRESSED TO:
(a)
If to the Authority:
Indianapolis Airport Authority
Indianapolis International Airport
2500 S. High School Road
Suite 100
Indianapolis, Indiana 46241-4941
Attention: Airport Director
(b)
If to Tenant:
AAR Aircraft Services, Inc.
2825 West Perimeter Road
Indianapolis, Indiana 46241
Attention: General Manager
or to such other or different address as either party shall by written directive
designate in the manner herein provided.
Any notice, consent, approval or
payment, if mailed or otherwise delivered as provided above, shall be deemed to
have duly and properly given on the date service if delivered personally, or, if
mailed, on the second business day after such notice is deposited in the United
States Mail, or on the first business day following deposit with a
nationally-recognized overnight courier service.
SECTION 2209.
COUNTERPARTS.
THIS LEASE AGREEMENT MAY
BE SIMULTANEOUSLY EXECUTED IN TWO OR MORE COUNTERPARTS, AND BY EACH OF THE
PARTIES ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE DEEMED AN ORIGINAL AND
ALL OF WHICH SHALL CONSTITUTE BUT ONE AND THE SAME INSTRUMENT.
SECTION 2210.
EXCULPATION OF DIRECTORS AND OFFICERS;
LIMITED LIABILITY.
NO RECOURSE UNDER OR UPON ANY OBLIGATION, COVENANT OR
AGREEMENT CONTAINED IN THIS AGREEMENT SHALL BE HAD AGAINST ANY TRUSTEE, OFFICER,
DIRECTOR OR EMPLOYEE, PRESENT OR FUTURE, OF EITHER PARTY OR OF ANY SUCCESSOR
THERETO, EITHER DIRECTLY OR THROUGH THAT PARTY BY THE ENFORCEMENT OF ANY
ASSESSMENT OR BY ANY LEGAL OR EQUITABLE PROCEEDING OR BY VIRTUE OF ANY STATUTE
OR OTHERWISE; IT BEING EXPRESSLY AGREED AND UNDERSTOOD THAT THIS AGREEMENT AND
THE OBLIGATIONS HEREBY SECURED ARE SOLELY CORPORATE OR ORGANIZATIONAL
OBLIGATIONS, AND THAT NO PERSONAL LIABILITY WHATEVER SHALL ATTACH TO OR BE
INCURRED BY SUCH OFFICERS, DIRECTORS OR EMPLOYEES OF EITHER PARTY, OR OF ANY
SUCCESSOR THERETO, OR ANY OF THEM, UNDER OR BY REASON OF ANY OF THE OBLIGATIONS,
COVENANTS OR AGREEMENTS CONTAINED IN THIS AGREEMENT, OR IMPLIED THEREFROM; AND
THAT ANY AND ALL PERSONAL LIABILITY OF EVERY NAME AND NATURE, AND ANY AND ALL
RIGHT AND CLAIMS AGAINST EVERY SUCH OFFICER, DIRECTOR OR EMPLOYEE, WHETHER
ARISING AT COMMON LAW OR IN EQUITY, OR CREATED BY STATUTE OR CONSTITUTION, ARE
HEREBY EXPRESSLY RELEASED AND WAIVED AS A CONDITION OF, AND AS A PART OF THE
CONSIDERATION FOR, THE EXECUTION OF THE AGREEMENT.
HOWEVER, NOTHING IN THIS
SECTION SHALL BE DEEMED TO WAIVE OR RELEASE, OR LIMIT THE PERSONAL LIABILITY OF
ANY TRUSTEE, OFFICER, DIRECTOR OR EMPLOYEE, PAST OR FUTURE, OF EITHER PARTY OR
OF ANY SUCCESSOR THERETO, TO THE EXTENT SUCH PERSON HAS ANY PERSONAL LIABILITY
UNDER APPLICABLE LAW