Common use of CANCELLATION BY LESSEE Clause in Contracts

CANCELLATION BY LESSEE. Lessee, in addition to any other right of cancellation herein given to Lessee or any other rights to which Lessee may be entitled by law or otherwise, may, so long as Lessee is not in default in any payments to Lessor hereunder, cancel this Agreement by giving Lessor sixty (60) days advance written notice to be served as hereinafter provided, upon or after the happening of any one of the following events: (a) The failure or refusal, for reasons beyond the control of Lessee, of the FAA, at any time during the term of this Agreement or any renewal thereof, to permit Lessee to operate into or from the Airport with any type of aircraft which Lessee may be licensed to operate into or from other airports of like size and character and which Lessee may reasonably desire to operate into or from the Airport; (b) Issuance by any court of competent jurisdiction of an injunction in any way substantially preventing or restraining the use of the Airport or any part thereof necessary for Lessee's operations, and the remaining in force of such injunction for a period of at least sixty (60) days at least after Lessor has exhausted or abandoned all appeals; (c) The inability of Lessee due to circumstances beyond its control to use, for a period in excess of ninety (90) days, the Airport or to exercise any rights and privileges granted to Lessee hereunder and necessary to its operations because of any law or ordinance, or because of any order, rule, regulation or other action or any non-action of the FAA or any other governmental authority, or, because of earthquake, other casualty (excepting fire) or because of Acts of God or the public enemy; (d) The default by Lessor in the performance of any covenant or agreement herein required to be performed by Lessor and the failure of Lessor to remedy such default for a period of ninety (90) days after receipt from Lessee of written notice to remedy the same; provided, however, that no notice of cancellation, as above provided, shall be of any force or effect if Lessor shall have remedied the default prior to receipt of Lessee's notice of cancellation. Lessee's performance of all or any part of this Agreement for or during any period or periods after a default of any of the terms, covenants and conditions herein contained to be performed, kept and observed by Lessor, shall not be deemed a waiver of any right on the part of Lessee to cancel this Agreement for failure by Lessor so to perform, keep or otherwise observe any of the terms, covenants, or conditions hereof to be performed, kept and observed by Lessor, or be construed to be or act as a waiver by Lessee of any subsequent default of any of the terms, covenants and conditions herein contained to be performed, kept and observed by Lessor.

CANCELLATION BY LESSEE. LesseeXXXXXX, in addition to any other right rights of cancellation given herein given or by law, may cancel this Agreement in whole or in part (only insofar as it relates to Lessee any buildings) and terminate all or any other rights to which Lessee may be entitled by law or otherwise, may, so long as Lessee of its obligations hereunder at any time that LESSEE is not in default in any its payments to Lessor XXXXXX, hereunder, cancel this Agreement by giving Lessor sixty LESSOR thirty (6030) days calendar days’ advance written notice to be served as hereinafter providednotice, upon or after the happening of any one of the following events: (a) The failure the order or refusal, for reasons beyond the control of Lessee, action of the FAAFederal Aviation Administration terminating, at any time during the term of this Agreement suspending, or any renewal thereof, to permit Lessee relieving LESSEE's right or obligations to operate into or and from the Airport with AIRPORT; b) the termination of LESSEE's obligation or right (imposed by contract or otherwise) to the Federal Government for the carriage of United States airmail to, from, or through the Joplin, Missouri area or its environs, for the receiving and dispatching of United States airmail; c) the expiration or termination of any type Essential Air Service (EAS) contract (the “EAS Contract”) between LESSEE and the United States Department of aircraft Transportation (DOT) or any governmental agency succeeding to the jurisdiction of the DOT, whether terminated by LESSEE or DOT, under which Lessee may be licensed EAS Contract LESSEE has or had agreed to operate into or from other airports of like size and character and which Lessee may reasonably desire provide Essential Air Services to operate into or THE CITY OF JOPLIN, Missouri, the LESSOR agrees that LESSEE is exempt from the Airportrequirement at 49 U.S.C. Section 41734(c), to continue to serve the EAS community even after filing a notice to suspend service before a replacement airline begins full EAS; (bd) Issuance authorization by the Federal Aviation Administration of another airport for service by XXXXXX to Joplin, Missouri; e) issuance by any court of competent jurisdiction of an any injunction in any way substantially preventing or restraining the use of the Airport AIRPORT or any part thereof necessary for Lessee's operationsAIRPORT purposes, and the remaining in force of such injunction for a period of at least sixty thirty (6030) days at least after Lessor has exhausted or abandoned all appealsdays; (cf) The inability any action of Lessee due the Federal Aviation Administration refusing to circumstances beyond its control permit LESSEE to useoperate into, from or through the AIRPORT such aircraft as LESSEE may reasonably desire to operate thereon; g) the breach by LESSOR of any of the covenants or agreements herein contained and the failure of LESSOR to remedy such breach for a period in excess of ninety thirty (9030) dayscalendar days after receipt of a written notice of the existence of such breach; the inability of LESSEE to use said Premises and facilities continuing for a period of thirty (30) days or more due to (i) any deficiency of the AIRPORT or unsafe condition for operating at the AIRPORT of the type of aircraft then being flown by LESSEE or (ii) any law, the Airport or to exercise any rights and privileges granted to Lessee hereunder and necessary to its operations because of any law or ordinance, or because of any order, rule, or regulation or other action or any non-action of the FAA or any other governmental authority, or, because of earthquake, other casualty (excepting fire) or because of Acts of God or the public enemy; (d) The default by Lessor in the performance of any covenant or agreement herein required to be performed by Lessor and appropriate governmental authority having jurisdiction over the failure operations of Lessor to remedy such default for a period of ninety (90) days after receipt from Lessee of written notice to remedy the same; provided, however, that no notice of cancellation, as above provided, shall be of any force or effect if Lessor shall have remedied the default prior to receipt of Lessee's notice of cancellation. Lessee's performance of all or any part of this Agreement for or during any period or periods after a default of any of the terms, covenants and conditions herein contained to be performed, kept and observed by Lessor, shall not be deemed a waiver of any right on the part of Lessee to cancel this Agreement for failure by Lessor so to perform, keep or otherwise observe any of the terms, covenants, or conditions hereof to be performed, kept and observed by Lessor, or be construed to be or act as a waiver by Lessee of any subsequent default of any of the terms, covenants and conditions herein contained to be performed, kept and observed by Lessor.LESSEE

CANCELLATION BY LESSEE. Lessee, in addition to any other right of cancellation herein given to Lessee or any other rights to which Lessee may be entitled by law or otherwise, may, so long as Lessee is not in default in any payments to Lessor hereunder, cancel this Agreement by giving Lessor sixty (60) days advance written notice to be served as hereinafter provided, upon or after the happening of any one of the following events: (a) The failure or refusal, for reasons beyond the control of Lessee, of the FAA, at any time during the term of this Agreement or any renewal thereof, to permit Lessee to operate into or from the Airport with any type of aircraft which Lessee may be licensed to operate into or from other airports of like size and character character, and which Lessee may reasonably desire to operate into or from the Airport; (b) Issuance by any court of competent jurisdiction of an injunction in any way substantially preventing or restraining the use of the Airport or any part thereof necessary for Lessee's operations, and the remaining in force of such injunction for a period of at least sixty (60) days at least after Lessor has exhausted or abandoned all appeals; (c) The inability of Lessee due to circumstances beyond its control to use, for a period in excess of ninety (90) days, the Airport or to exercise any rights and privileges granted to Lessee hereunder and necessary to its operations because of any law or ordinance, or because of any order, rule, regulation or other action or any non-action of the FAA or any other governmental authority, or, because of earthquake, other casualty (excepting fire) or because of Acts of God or the public enemy; (d) The default by Lessor in the performance of any covenant or agreement herein required to be performed by Lessor and the failure of Lessor to remedy such default for a period of ninety (90) days after receipt from Lessee of written notice to remedy the same; provided, however, that no notice of cancellation, as above provided, shall be of any force or effect if Lessor shall have remedied the default prior to receipt of Lessee's notice of cancellation. Lessee's performance of all or any part of this Agreement for or during any period or periods after a default of any of the terms, covenants and conditions herein contained to be performed, kept and observed by Lessor, shall not be deemed a waiver of any right on the part of Lessee to cancel this Agreement for failure by Lessor so to perform, keep or otherwise observe any of the terms, covenants, or conditions hereof to be performed, kept and observed by Lessor, or be construed to be or act as a waiver by Lessee of any subsequent default of any of the terms, covenants and conditions herein contained to be performed, kept and observed by Lessor.

CANCELLATION BY LESSEE. LesseeThe LESSEE, in addition to any other right of cancellation herein given to Lessee or any other rights to which Lessee it may be entitled by law or otherwise, may, so long as Lessee is not in default in any payments to Lessor hereunder, may cancel this Agreement by giving Lessor LESSOR written notice in the event of default by LESSOR under this Agreement continuing for more than sixty (60) days advance after the LESSOR's receipt of written notice of such default and opportunity to be served as hereinafter providedcure from the LESSEE, upon or after the happening of any one of the following events: (a) The failure or refusal, for reasons beyond the control of Lessee, of the FAA, at any time during the term of this Agreement or any renewal thereof, to permit Lessee to operate into or from the Airport with any type of aircraft which Lessee may be licensed to operate into or from other airports of like size and character and which Lessee may reasonably desire to operate into or from the Airport; (b) Issuance by any court of competent jurisdiction of an a permanent injunction in any way substantially preventing or restraining the use of the Airport or any major part thereof necessary for Lessee's operations, Airport purposes and the remaining in full force of such permanent injunction for a period of at least sixty one hundred eighty (60180) days at least after Lessor has exhausted or abandoned all appeals;days. (cb) The inability Inability of Lessee due to circumstances beyond its control the LESSEE to use, for a period in excess of ninety one hundred eighty (90180) days, the Airport or to exercise any rights and privileges granted to Lessee hereunder and necessary to its operations part of the facility because of any law or ordinancelaw, or because of any order, rule, regulation or other action or any non-action of the FAA Federal Aviation Administration or any other governmental authority, or, or because of fire, earthquake, other casualty (excepting fire) casualties or because of Acts acts of God or the public enemy. (c) LESSOR shall fail to perform, keep and observe any of the obligations, terms, warranties or conditions contained in this Agreement that on the part of LESSOR are to be performed, kept or observed: i. LESSEE may give LESSOR written notice to correct such condition or cure such default, and if any such condition or default shall continue for sixty (60) days after receipt of such notice by LESSOR, LESSEE may terminate this Agreement and the term hereof shall cease and expire at the end of such sixty (60) days in the same manner and to the same effect as if it were the expiration of the Initial or Option Term, unless such condition or default cannot reasonably be corrected within the 60-day period and LESSOR has demonstrated due diligence with respect to curing said default, then such cure period may be extended for consecutive periods of 30 days, as long as diligent progress is made toward cure, with a reasonably foreseeable resolution date. Under such circumstances, default may be treated as cured until cured. ii. Should diligent progress cease, or the reason for default become apparent as insoluble, then the term shall cease and expire at the end of the 30-day extension then in effect; (d) The default Assumption by Lessor in the performance United States Government or any other authorized agency thereof of the operation, control or use of the Airport and the facility herein described, or of any covenant substantial part or agreement herein required parts thereof in such a manner as to be performed by Lessor and substantially restrict the failure of Lessor to remedy such default LESSEE for a period of ninety one hundred eighty (90180) days after receipt from Lessee operating on and within the facility. (e) In the event of written notice to remedy the same; provided, however, that no notice of cancellation, as above provided, shall be of any force or effect if Lessor shall have remedied the default prior to receipt of Lessee's notice of cancellation. Lessee's performance of all or any part of this Agreement for or during any period or periods after a default of any destruction of the termsfacilities, covenants and conditions herein contained to be performed, kept and observed by Lessor, shall not be deemed a waiver of any right on the part of Lessee to cancel this Agreement for failure by Lessor so to perform, keep or otherwise observe any of the terms, covenantsimprovements, or conditions hereof to be performedthe demised Premises as more fully described in Section 44, kept and observed by Lessor, Damage or be construed to be or act as a waiver by Lessee of any subsequent default of any of the terms, covenants and conditions herein contained to be performed, kept and observed by LessorDestruction.

CANCELLATION BY LESSEE. Lessee, in addition to any other right of cancellation herein given to Lessee or any other rights to which Lessee may be entitled by law or otherwise, may, so long as Lessee is not in default in any payments to Lessor hereunder, cancel this Agreement by giving Lessor sixty (60) days advance written notice to be served as hereinafter provided, upon or after the happening of any one of the following events: (a) The failure or refusal, for reasons beyond the control of Lessee, of the FAA, at any time during the term of this Agreement or any renewal thereof, to permit Lessee to operate into or from the Airport with any type of aircraft which Lessee may be licensed to operate into or from other airports of like size and character and which Lessee may reasonably desire to operate into or from the Airport; (b) Issuance by any court of competent jurisdiction of an injunction in any way substantially preventing or restraining the use of the Airport or any part thereof necessary for Lessee's ’s operations, and the remaining in force of such injunction for a period of at least sixty (60) days at least after Lessor has exhausted or abandoned all appeals; (c) The inability of Lessee due to circumstances beyond its control to use, for a period in excess of ninety (90) days, the Airport or to exercise any rights and privileges granted to Lessee hereunder and necessary to its operations because of any law or ordinance, or because of any order, rule, regulation or other action or any non-action of the FAA or any other governmental authority, or, because of earthquake, other casualty (excepting fire) or because of Acts of God or the public enemy; (d) The default by Lessor in the performance of any covenant or agreement herein required to be performed by Lessor and the failure of Lessor to remedy such default for a period of ninety (90) days after receipt from Lessee of written notice to remedy the same; provided, however, that no notice of cancellation, as above provided, shall be of any force or effect if Lessor shall have remedied the default prior to receipt of Lessee's ’s notice of cancellation. Lessee's ’s performance of all or any part of this Agreement for or during any period or periods after a default of any of the terms, covenants and conditions herein contained to be performed, kept and observed by Lessor, shall not be deemed a waiver of any right on the part of Lessee to cancel this Agreement for failure by Lessor so to perform, keep or otherwise observe any of the terms, covenants, or conditions hereof to be performed, kept and observed by Lessor, or be construed to be or act as a waiver by Lessee of any subsequent default of any of the terms, covenants and conditions herein contained to be performed, kept and observed by Lessor.

CANCELLATION BY LESSEE. LesseeLessee may cancel this Lease Agreement, in addition to any other right of cancellation herein given to Lessee whole or part, and terminate all or any other rights to which Lessee may be entitled of its obligations hereunder at any time, by law or otherwise, may, so long as Lessee is not in default in any payments to Lessor hereunder, cancel this Agreement by giving Lessor sixty thirty (6030) days advance written notice to be served as hereinafter providednotice, upon or after the happening of any one of the following events: : (a1) The failure or refusal, for reasons beyond the control of Lessee, of the FAA, at any time during the term of this Agreement or any renewal thereof, to permit Lessee to operate into or from the Airport with any type of aircraft which Lessee may be licensed to operate into or from other airports of like size and character and which Lessee may reasonably desire to operate into or from the Airport; (b) Issuance issuance by any court of competent jurisdiction juris- diction of an a permanent injunction in any way substantially preventing or restraining the use of the Airport or any part thereof necessary for Lessee's operations, and airport purposes; (2) the remaining in force of such injunction for a period of at least sixty (60) days at least after breach by Lessor has exhausted or abandoned all appeals; (c) The inability of Lessee due to circumstances beyond its control to use, for a period in excess of ninety (90) days, the Airport or to exercise any rights and privileges granted to Lessee hereunder and necessary to its operations because of any law or ordinance, or because of any order, rule, regulation or other action or any non-action of the FAA covenants or any other governmental authority, or, because of earthquake, other casualty (excepting fire) or because of Acts of God or the public enemy; (d) The default by Lessor in the performance of any covenant or agreement agreements contained herein required to be performed by Lessor and the failure of Lessor to remedy such default breach for a period of ninety (90) days after receipt from Lessee of a written notice of the existence of such breach; (3) the inability of Lessee to remedy use the sameLease Premises and facilities continuing for a longer period than ninety (90) days due to any law or any order, rule or regulation of any appropriate governmental authority having jurisdiction over the operations of Lessor or due to war, earthquake or other casualty; providedor (4) the assumption or recapture by the United States Government, or any authorized agency thereof, of the maintenance and operation of said airport and facilities or any substantial part or parts thereof. Upon the happening of any of the four events listed in the preceding paragraph, such that the Leased Premises cannot be used for aviation purposes, then the Lessee may cancel this Lease Agreement as aforesaid, or may elect to continue this Lease Agreement under its terms, except, however, that no notice of cancellation, as above provided, shall be of any force or effect if Lessor shall have remedied the default prior to receipt of Lessee's notice of cancellation. Lessee's performance of all or any part of this Agreement for or during any period or periods after a default of any use of the terms, covenants and conditions herein contained to be performed, kept and observed by Lessor, Leased Premises shall not be deemed limited to aviation purposes, their use being only limited by such laws and ordinances as may be applicable at that time. Should Lessor close the Airport and relocate the Airport to another location during the primary term of this Lease Agreement, Lessee shall have the right to relocate its facilities to the new airport at a waiver suitable location under the same or similar terms of any right this Lease Agreement. The cost of relocation of Lessee’s facilities will be shared by Lessor and Lessee in proportion to the number of years remaining on the part primary term of Lessee to cancel this Agreement Lease Agreement. In this regard Lessor will be responsible for failure by Lessor so to perform, keep or otherwise observe any 1/30 of the terms, covenants, or conditions hereof to be performed, kept and observed by Lessor, or be construed to be or act as a waiver by Lessee of any subsequent default of any of such costs for every year remaining on the terms, covenants and conditions herein contained to be performed, kept and observed by Lessorprimary term.