Common use of Further Provisions Regarding Default Clause in Contracts

Further Provisions Regarding Default. 1. In any event and irrespective of any option exercised, Company shall pay to the Aviation Authority upon demand all of the unpaid Concession Fees and other sums due from Company hereunder prior to the date that the Aviation Authority terminates the Agreement or Company's right to possession of the Premises, and all of the Aviation Authority's costs, charges and expenses, including reasonable Attorney's Fees, and fees of agents and others retained by the Aviation Authority, incurred in connection with the recovery of sums due under this Agreement, or because of the breach of any covenant or agreement of Company contained in this Agreement or for any other relief against Company, and including, with respect to the options set forth in Article 13.B.2. and Article 13.B.3. above, all costs and expenses of the Aviation Authority in connection with the reletting of the Premises and collection of Concession Fees due and owing from any new concessionaire, and the cost of all repairs or renovations reasonably necessary in connection with the reletting, including, provided however, Company shall not pay for the refixturing of the Premises in connection with the reletting, without limitation, brokerage and reasonable Attorneys' Fees. Even if Company has previously elected to proceed under Article 13.B.2. or Article 13.B.3. above, the Aviation Authority may, at any time thereafter, elect to terminate this Agreement; provided, however, that no action taken by the Aviation Authority pursuant to this Article 13 shall be deemed to terminate this Agreement unless written notice of termination is given by the Aviation Authority to Company. Company hereby waives any notices of default not specifically provided for in this Article 13, above, including, without limitation, the three-day notice provided for in Section 83.20, Florida Statutes. 2. No waiver of any covenant or condition or of the breach of any covenant or condition of this Agreement shall be taken to constitute a waiver of any subsequent breach of such covenant or condition or to justify or authorize the non-observance on any other occasion of the same or of any other covenant or condition hereof. The acceptance by the Aviation Authority of any sums from Company at any time when Company is in default under any covenant or condition hereof shall not be construed as a waiver of such default or of the Aviation Authority's right to exercise any remedy arising out of such default, nor shall any waiver or indulgence granted by the Aviation Authority to Company be taken as an estoppel against the Aviation Authority, it being expressly understood that the Aviation Authority may, at any time thereafter, if such default continues, exercise any such remedy in the manner hereinbefore provided or as otherwise provided by law or in equity. 3. The rights and remedies given to the Aviation Authority by this Agreement shall not be exclusive, and in addition thereto, the Aviation Authority shall have such other rights and may pursue such other remedies as are provided by law or in equity. All such rights and remedies shall be deemed to be cumulative, and the exercise of one such right or remedy by the Aviation Authority shall not impair its standing to exercise any other right or remedy. 4. It is expressly agreed that in the event of default by Company hereunder, the Aviation Authority shall have a lien upon all goods, chattels, personal property and equipment of any description belonging to Company which are located on, or become a part of the Premises or any improvements thereto, as security for any fees or other charges which are then due or which become due for the remainder of the Term of this Agreement, which lien shall not be in lieu of or in any way affect the statutory landlord's lien given by law, and Company shall not remove or permit the removal of any of such property until all defaults under this Agreement have been cured. 5. Company hereby waives trial by jury in any action, suit or proceeding related to, arising out of or in connection with the terms, conditions, and covenants of this Agreement.

Further Provisions Regarding Default. 1. In any event and irrespective of any option exercised, Company shall pay to the Aviation Authority upon demand all of the unpaid Concession Fees and other sums due from Company hereunder prior to the date that the Aviation Authority terminates the Agreement or Company's right to possession of the Premises, and all of the Aviation Authority's costs, charges and expenses, including reasonable Attorney's Fees, and fees of agents and others retained by the Aviation Authority, incurred in connection with the recovery of sums due under this Agreement, or because of the breach of any covenant or agreement of Company contained in this Agreement or for any other relief against Company, and including, with respect to the options set forth in Article 13.B.214.B.2. and Article 13.B.314.B.3. above, all costs and expenses of the Aviation Authority in connection with the reletting of the Premises and collection of Concession Fees due and owing from any new concessionaire, and the cost of all repairs or renovations reasonably necessary in connection with the reletting, including, provided however, Company shall not pay for the refixturing of the Premises in connection with the reletting, without limitation, brokerage and reasonable Attorneys' Fees. Even if Company has previously elected to proceed under Article 13.B.214.B.2. or Article 13.B.314.B.3. above, the Aviation Authority may, at any time thereafter, elect to terminate this Agreement; provided, however, that no action taken by the Aviation Authority pursuant to this Article 13 shall be deemed to terminate this Agreement unless written notice of termination is given by the Aviation Authority to Company. Company hereby waives any notices of default not specifically provided for in this Article 1314, above, including, without limitation, the three-day notice provided for in Section 83.20, Florida Statutes. 2. No waiver of any covenant or condition or of the breach of any covenant or condition of this Agreement shall be taken to constitute a waiver of any subsequent breach of such covenant or condition or to justify or authorize the non-observance on any other occasion of the same or of any other covenant or condition hereof. The acceptance by the Aviation Authority of any sums from Company at any time when Company is in default under any covenant or condition hereof shall not be construed as a waiver of such default or of the Aviation Authority's right to exercise any remedy arising out of such default, nor shall any waiver or indulgence granted by the Aviation Authority to Company be taken as an estoppel against the Aviation Authority, it being expressly understood that the Aviation Authority may, at any time thereafter, if such default continues, exercise any such remedy in the manner hereinbefore provided or as otherwise provided by law or in equity. 3. The rights and remedies given to the Aviation Authority by this Agreement shall not be exclusive, and in addition thereto, the Aviation Authority shall have such other rights and may pursue such other remedies as are provided by law or in equity. All such rights and remedies shall be deemed to be cumulative, and the exercise of one such right or remedy by the Aviation Authority shall not impair its standing to exercise any other right or remedy. 4. It is expressly agreed that in the event of default by Company hereunder, the Aviation Authority shall have a lien upon all goods, chattels, personal property and equipment of any description belonging to Company which are located on, or become a part of the Premises or any improvements thereto, as security for any fees or other charges which are then due or which become due for the remainder of the Term of this Agreement, which lien shall not be in lieu of or in any way affect the statutory landlord's lien given by law, and Company shall not remove or permit the removal of any of such property until all defaults under this Agreement have been cured. 5. Company hereby waives trial by jury in any action, suit or proceeding related to, arising out of or in connection with the terms, conditions, and covenants of this Agreement.

Further Provisions Regarding Default. 1. In any event and irrespective of any option exercised, Company shall pay to the Aviation Authority upon demand all of the unpaid Concession Fees and other sums due from Company hereunder prior to the date that the Aviation Authority terminates the Agreement or Company's right to possession of the Premises, and all of the Aviation Authority's costs, charges and expenses, including reasonable Attorney's Fees, and fees of agents and others retained by the Aviation Authority, incurred in connection with the recovery of sums due under this Agreement, or because of the breach of any covenant or agreement of Company contained in this Agreement or for any other relief against Company, and including, with respect to the options set forth in Article 13.B.214.B.2. and Article 13.B.314.B.3. above, all costs and expenses of the Aviation Authority in connection with the reletting of the Premises and collection of Concession Fees due and owing from any new concessionaire, and the cost of all repairs or renovations reasonably necessary in connection with the reletting, including, provided however, Company shall not pay for the refixturing of the Premises in connection with the reletting, without limitation, brokerage and reasonable Attorneys' Fees. Even if Company has previously elected to proceed under Article 13.B.214.B.2. or Article 13.B.314.B.3. above, the Aviation Authority may, at any time thereafter, elect to terminate this Agreement; provided, however, that no action taken by the Aviation Authority pursuant to this Article 13 14 shall be deemed to terminate this Agreement unless written notice of termination is given by the Aviation Authority to Company. Company hereby waives any notices of default not specifically provided for in this Article 1314, above, including, without limitation, the three-day notice provided for in Section 83.20, Florida Statutes. 2. No waiver of any covenant or condition or of the breach of any covenant or condition of this Agreement shall be taken to constitute a waiver of any subsequent breach of such covenant or condition or to justify or authorize the non-observance on any other occasion of the same or of any other covenant or condition hereof. The acceptance by the Aviation Authority of any sums from Company at any time when Company is in default under any covenant or condition hereof shall not be construed as a waiver of such default or of the Aviation Authority's right to exercise any remedy arising out of such default, nor shall any waiver or indulgence granted by the Aviation Authority to Company be taken as an estoppel against the Aviation Authority, it being expressly understood that the Aviation Authority may, at any time thereafter, if such default continues, exercise any such remedy in the manner hereinbefore provided or as otherwise provided by law or in equity. 3. The rights and remedies given to the Aviation Authority by this Agreement shall not be exclusive, and in addition thereto, the Aviation Authority shall have such other rights and may pursue such other remedies as are provided by law or in equity. All such rights and remedies shall be deemed to be cumulative, and the exercise of one such right or remedy by the Aviation Authority shall not impair its standing to exercise any other right or remedy. 4. It is expressly agreed that in the event of default by Company hereunder, the Aviation Authority shall have a lien upon all goods, chattels, personal property and equipment of any description belonging to Company which are located on, or become a part of the Premises or any improvements thereto, as security for any fees or other charges which are then due or which become due for the remainder of the Term of this Agreement, which lien shall not be in lieu of or in any way affect the statutory landlord's lien given by law, and Company shall not remove or permit the removal of any of such property until all defaults under this Agreement have been cured. 5. Company hereby waives trial by jury in any action, suit or proceeding related to, arising out of or in connection with the terms, conditions, and covenants of this Agreement.

Further Provisions Regarding Default. 1. In any event and irrespective of any option exercised, Company shall pay to the Aviation Authority upon demand all of the unpaid Concession Fees and other sums due from Company hereunder prior to the date that the Aviation Authority terminates the Agreement or Company's right to possession of the Premises, and all of the Aviation Authority's costs, charges and expenses, including reasonable Attorney's Fees, and fees of agents and others retained by the Aviation Authority, incurred in connection with the recovery of sums due under this Agreement, or because of the breach of any covenant or agreement of Company contained in this Agreement or for any other relief against Company, and including, with respect to the options set forth in Article 13.B.213.B.1. and Article 13.B.313.B.2. above, all costs and expenses of the Aviation Authority in connection with the reletting of the Premises and collection of Concession Fees due and owing from any new concessionaire, and the cost of all repairs or renovations reasonably necessary in connection with the reletting, including, provided however, Company shall not pay for the refixturing of the Premises in connection with the reletting, without limitation, brokerage and reasonable Attorneys' Fees. Even if Company has previously elected to proceed under Article 13.B.213.B.1. or Article 13.B.313.B.2. above, the Aviation Authority may, at any time thereafter, elect to terminate this Agreement; provided, however, that no action taken by the Aviation Authority pursuant to this Article 13 shall be deemed to terminate this Agreement unless written notice of termination is given by the Aviation Authority to Company. Company hereby waives any notices of default not specifically provided for in this Article 13, above, including, without limitation, the three-day notice provided for in Section 83.20, Florida Statutes. 2. No waiver of any covenant or condition or of the breach of any covenant or condition of this Agreement shall be taken to constitute a waiver of any subsequent breach of such covenant or condition or to justify or authorize the non-observance on any other occasion of the same or of any other covenant or condition hereof. The acceptance by the Aviation Authority of any sums from Company at any time when Company is in default under any covenant or condition hereof shall not be construed as a waiver of such default or of the Aviation Authority's right to exercise any remedy arising out of such default, nor shall any waiver or indulgence granted by the Aviation Authority to Company be taken as an estoppel against the Aviation Authority, it being expressly understood that the Aviation Authority may, at any time thereafter, if such default continues, exercise any such remedy in the manner hereinbefore provided or as otherwise provided by law or in equity. 3. The rights and remedies given to the Aviation Authority by this Agreement shall not be exclusive, and in addition thereto, the Aviation Authority shall have such other rights and may pursue such other remedies as are provided by law or in equity. All such rights and remedies shall be deemed to be cumulative, and the exercise of one such right or remedy by the Aviation Authority shall not impair its standing to exercise any other right or remedy. 4. It is expressly agreed that in the event of default by Company hereunder, the Aviation Authority shall have a lien upon all goods, chattels, personal property and equipment of any description belonging to Company which are located on, or become a part of the Premises or any improvements thereto, as security for any fees or other charges which are then due or which become due for the remainder of the Term of this Agreement, which lien shall not be in lieu of or in any way affect the statutory landlord's lien given by law, and Company shall not remove or permit the removal of any of such property until all defaults under this Agreement have been cured. 5. Company hereby waives trial by jury in any action, suit or proceeding related to, arising out of or in connection with the terms, conditions, and covenants of this Agreement.

Further Provisions Regarding Default. 1. In any event and irrespective of any option exercised, Company shall pay to the Aviation Authority upon demand all of the unpaid Concession Annual Rent and Privilege Fees and other sums due from Company hereunder prior to the date that the Aviation Authority terminates the Agreement or Company's right to possession of the PremisesFacility, and all of the Aviation Authority's costs, charges and expenses, including reasonable Attorney's Fees, and fees of agents and others retained by the Aviation Authority, incurred in connection with the recovery of sums due under this Agreement, or because of the breach of any covenant or agreement of Company contained in this Agreement or for any other relief against Company, and including, with respect to the options set forth in Article 13.B.2. and Article 13.B.33. above, all costs and expenses of the Aviation Authority in connection with the reletting re-letting of the Premises Facility and collection of Concession Annual Rent and Privilege Fees due and owing from any new concessionaire, and the cost of all repairs or renovations reasonably necessary in connection with the relettingre-letting, including, provided however, Company shall not pay for the refixturing of the Premises Facility in connection with the relettingre-letting, without limitation, brokerage and reasonable Attorneys' Fees. Even if Company it has previously elected to proceed under Article 13.B.2. or Article 13.B.3. 3., above, the Aviation Authority may, at any time thereafter, elect to terminate this the Agreement; provided, however, that no action taken by the Aviation Authority pursuant to this Article 13 shall be deemed to terminate this Agreement unless written notice of termination is given by the Aviation Authority to Company. Company hereby waives any notices of default not specifically provided for in this Article 13, above, including, without limitation, the three-day notice provided for in Section 83.20, Florida Statutes. In no event shall Company be entitled to any excess of any Annual Rent obtained by reletting over and above the rental herein reserved. 2. No waiver of any covenant or condition or of the breach of any covenant or condition of this Agreement shall be taken to constitute a waiver of any subsequent breach of such covenant or condition or to justify or authorize the non-observance on any other occasion of the same or of any other covenant or condition hereof. The acceptance by the Aviation Authority of any sums from Company at any time when Company is in default under any covenant or condition hereof shall not be construed as a waiver of such default or of the Aviation Authority's right to exercise any remedy arising out of such default, nor shall any waiver or indulgence granted by the Aviation Authority to Company be taken as an estoppel against the Aviation Authority, it being expressly understood that the Aviation Authority may, at any time thereafter, if such default continues, exercise any such remedy in the manner hereinbefore provided or as otherwise provided by law or in equity. 3. The rights and remedies given to the Aviation Authority by this Agreement shall not be exclusive, and in addition thereto, the Aviation Authority shall have such other rights and may pursue such other remedies as are provided by law or in equity. All such rights and remedies shall be deemed to be cumulative, and the exercise of one such right or remedy by the Aviation Authority shall not impair its standing to exercise any other right or remedy. 4. It is expressly agreed that in the event of default by Company hereunder, the Aviation Authority shall have a lien upon all goods, chattels, personal property and equipment of any description belonging to Company which are located on, or become a part of the Premises Facility or any improvements Improvements thereto, as security for any fees or other charges which are then due or which become due for the remainder of the Term term of this Agreement, which lien shall not be in lieu of or in any way affect the statutory landlord's lien given by law, and Company shall not remove or permit the removal of any of such property until all defaults under this Agreement have been cured. 5. Company hereby waives trial by jury in any action, suit or proceeding related to, arising out of or in connection with the terms, conditions, and covenants of this Agreement.