Cancellation by Authority Sample Clauses
Cancellation by Authority. In the event the United States Government, or any authorized agency thereof, assumes the operation, control or use of the Airport facilities, or a substantial portion thereof, to such an extent as to substantially restrict Lessee from operating its business at the Airport for a period of not less than ninety (90) days, the Authority may cancel this Agreement in its entirety by giving written notice thereof to Lessee. In such event, the Authority shall pay to Lessee the amount determined by application of the provisions of Subparagraph 10.1(c) of this Agreement as compensation for the undepreciated portion of Lessee’s costs of construction of buildings and improvements on the Leased Premises.
Cancellation by Authority. A. Subject to Section 13.03, The Authority shall have the right to cancel and thereby terminate this Agreement in its entirety upon the happening of any one or more of the following events (the "Events of Default"), and to reenter and repossess the Leased Premises:
1. If the Rentals or other money payments that the Airline herein agrees to pay, or any part thereof, shall be unpaid on the date the same shall become due and shall remain unpaid for fifteen (15) days after receipt of a written notice of default from the Authority;
2. If the Airline violates any material provision of this Agreement with respect to the subletting of its Exclusive Use space and fails to cure such default within ten (10) days after written notice;
3. If any act occurs that deprives the Airline permanently of the rights, power and privileges necessary for the proper conduct and operation of its Air Transportation Business;
4. If Airline fails to provide evidence of insurance as specified in Section
Cancellation by Authority. This Agreement shall be subject to cancellation by Authority, by notice to Airline, upon the occurrence of any one of the following events:
a) The abandonment by Airline of its conduct of air transportation at the Airport for a period of forty-five (45) days; provided, however, that a suspension of service as a result of a strike or other cause beyond Airline’s control shall not be deemed to constitute abandonment.
b) The default by airline in the performance of any covenant or agreement herein required to be performed by Airline, other than the payment of fees and charges, and the failure of Airline to remedy such default for a period of thirty (30) days after receipt of written notice from Authority to remedy same.
c) The default by Airline in the payment of any sums due and payable to the Authority hereunder or pursuant to the Authority’s Airport Rules and Regulations, and the failure of Airline to completely cure such default within ten (10) days after receipt of written demand from Authority to do so.
d) The lawful assumption by the United States Government or any authorized agency thereof of the operation, control or use of the airport and facilities, or any substantial part or parts thereof, in such a manner as to substantially restrict Airline, for a period of at least ninety (90) days, from operating thereon for the carrying of passengers, cargo, property and mail. In addition to the aforesaid events, and without limitation of any other remedies available to Authority under this Agreement or at law, and without any notice other than provided for in this Section 12.02, and without any liability to Airline, Authority may take immediate possession of all leased premises and remove all persons or property therefrom; and may take such steps as Authority’s Executive Director, in his sole discretion, deems reasonable to prevent the use of Airport facilities by Airline. It is agreed that failure to declare this Agreement terminated upon the default of Airline for any of the reasons set forth above shall not operate to bar or destroy the right of Authority to declare this Agreement null and void by reason of any subsequent violation of the terms of this Agreement.
Cancellation by Authority. The Authority may cancel this Lease Agreement upon or after any one of the following events.
1. The filing by Lessee of a voluntary petition in bankruptcy
2. The institution of proceedings in bankruptcy against ▇▇▇▇▇▇ and the adjudication of Lessee as bankrupt pursuant to such proceedings.
3. The taking by a court of jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any Federal Reorganization Act.
4. The filing of any lien against the Premises resulting from any act or omission or Lessee which is not discharged or contested in good faith as determined by the Authority by proper legal proceedings within fifteen (15) days of receipt of actual notice by ▇▇▇▇▇▇, unless Lessee posts a bond within this time period equal to the amount of the lien.
5. The appointment of a receiver of ▇▇▇▇▇▇’s assets, or any general assignment for the benefit to ▇▇▇▇▇▇’s creditors.
6. The transfer of ▇▇▇▇▇▇’s interest herein by other operation of law.
7. The default by ▇▇▇▇▇▇ in the performance of any agreement required herein, and ▇▇▇▇▇▇’s failure to commence and diligently continue to correct such default within thirty (30) days of written notice, unless a shorter time is specified in this Lease Agreement.
8. The lawful assumption by the United States Government, or any authorized agency thereof of the operation, control or use of the Airport and facilities, or any substantial part or parts thereof, in such manner as to substantially restrict Lessee, for a period of at least sixty (60) days, from its Airport operation.
9. Lessee become in arrears in the payment of the whole or any part of the amount(s) agreed upon herein for a period of sixty (60) days after the time such payments become due.
10. The nonpayment of any real estate and/or personal property taxes levied by the County against ▇▇▇▇▇▇’s property after such taxes become due.
11. Lessee falsifies any of its records or figures so as to deprive the Authority of any of its rights under the terms of this Agreement.
12. ▇▇▇▇▇▇ abandons the hangar or vacates said Premises before the expiration of said term, unless the Airport Board Manager gives ▇▇▇▇▇▇ expressed, written permission. Abandonment, for this Agreement, shall be defined as the non-use of the Leased Premises from its specified purpose during a consecutive ninety (90) day time period.
13. The default of any agreement indicated herein as a material breach.
14. Polk County Aviation Authority decides not to operate the facilit...
Cancellation by Authority
