Laws and Taxes. (1) This Sublease is issued subject to all applicable requirements of State statutes and regulations in effect during the term of this Sublease, including those related to the leasing of lands and facilities and the granting of privileges at State airports. All references to regulations contained in this Sublease shall be construed to incorporate any amendments to those regulations. In the event any regulation referred to in this Sublease shall be repealed, the reference shall be construed to incorporate any contemporaneously or subsequently adopted regulation addressing the same or similar subject matter. (2) The Sublessee will comply with all applicable requirements imposed on the Airport or the Borough by federal law to ensure that the Borough’s eligibility for federal money or for participation in a federal aviation program by the Airport or the Borough is not jeopardized and with all orders issued by the Borough. (3) At no expense to the Borough, the Sublessee will obtain all necessary licenses and permits, pay all taxes and special assessments lawfully imposed upon the Sublease Premises, and pay other fees and charges assessed under applicable law. Nothing in this Sublease prevents the Sublessee from challenging any taxes or special assessments to the appropriate authority under applicable procedures. (4) The Borough shall not be liable to the Sublessee for a diminution or deprivation of the Sublessee’s rights under this Sublease because of the Borough’s exercise of any authority under this section. The Sublessee shall not be entitled to terminate the whole or any portion of this Sublease by reason of the exercise of such authority, unless the exercise shall interfere with the Sublessee's use and occupancy of the Sublease Premises to the extent that a termination would be permitted under the laws of the State of Alaska. (5) The laws of the State of Alaska will govern in any dispute between the Sublessee and Borough. If a dispute continues after exhaustion of administration remedies, any lawsuit must be brought in the courts of the State of Alaska, in Ketchikan within the First Judicial District. (6) This Sublease is subordinate in all respects to all issued general obligation, revenue or other bonds, securities, or encumbrances issued in regard to the Ketchikan International Airport. This Sublease shall be subject to all prior exceptions, reservations, leases, licenses, easements, restrictions and rights-of-way of record affecting the Sublease Premises and the Sublessee agrees not to violate such.
Appears in 4 contracts
Samples: Land Terminal Sublease & Airline Operating Agreement, Land Terminal Sublease & Airline Operating Agreement, Land Terminal Sublease & Airline Operating Agreement
Laws and Taxes. (1) A. This Sublease Lease is issued subject to all applicable requirements of State statutes and regulations in effect during the term of this Sublease, including those related Lease. Each reference in this Lease to a statute or regulation shall be deemed to refer to the leasing form of lands and facilities and the granting of privileges respective statute or regulation, as amended, that is most current or to any successor statute or regulation applicable to the subject matter at State airports. All references to regulations contained in this Sublease shall be construed to incorporate any amendments to those regulations. In the event any regulation referred to in this Sublease shall be repealed, the reference shall be construed to incorporate any contemporaneously or subsequently adopted regulation addressing the same or similar subject matterapplicable time.
(2) B. The Sublessee will Lessee shall comply with all applicable requirements imposed on the Airport or the Borough by federal law laws to ensure that the Borough’s eligibility for federal money or for participation in a federal aviation program by the Airport or the Borough is not jeopardized jeopardized, and with all applicable orders issued by the BoroughLessor. Compliance with the Airport Sponsors Grant Assurances is an explicit requirement of this Lease.
(3) C. At no expense to the BoroughLessor, the Sublessee will Lessee shall conduct all operations and activities or business authorized under this Lease in compliance with all federal, State, and local laws, ordinances, rules, and regulations now or hereafter in force that apply to the operations and activities or business authorized in this Lease or to the use, care, operation, maintenance, and protection of the Airport, including matters of health, safety, sanitation, and pollution. The Lessee shall obtain all necessary licenses and permits, pay all taxes and special assessments lawfully imposed upon the Sublease Premises, and pay other fees and charges assessed under applicable lawpublic statutes or ordinances. Nothing in this Sublease prevents Lease shall prevent the Sublessee Lessee from challenging any taxes or special assessments to the appropriate authority under applicable procedures.
(4) The Borough shall not be liable to D. In any dispute between the Sublessee for a diminution or deprivation of parties, the Sublessee’s rights under this Sublease because of the Borough’s exercise of any authority under this section. The Sublessee shall not be entitled to terminate the whole or any portion of this Sublease by reason of the exercise of such authority, unless the exercise shall interfere with the Sublessee's use and occupancy of the Sublease Premises to the extent that a termination would be permitted under the laws of the State of Alaska.
(5) The laws of the State of Alaska will govern in any dispute between the Sublessee and Boroughgovern. If a dispute continues after exhaustion of administration administrative remedies, any lawsuit must be brought in the courts of the State of Alaska, in Ketchikan within the First Third Judicial DistrictDistrict at Anchorage.
(6) This Sublease is subordinate E. During the term of this Lease, at the Lessor’s request, the Lessee will cooperate and assist in all respects to all issued general obligationthe investigation and litigation of any claim, revenue or other bonds, securitiesdemand, or encumbrances issued in regard lawsuit to the Ketchikan International Airportextent that such claim, demand, or lawsuit affects the Premises.
F. Potential assignees or potential sublessees have no protest rights under 17 AAC 42.275 or 17 AAC 42.910, and any protests or legal appeals resulting from a denial of request for assignment or sublease must be filed and prosecuted solely by the "applicant," i.e., the Lessee. This Sublease shall be subject to all prior exceptions, reservations, leases, licenses, easements, restrictions and rights-of-way of record affecting the Sublease Premises and the Sublessee agrees not to violate suchIn no event will such protest or legal appeal raise or allege or seek recovery for damages allegedly sustained by a potential assignee or sublessee resulting from an Airport denial.
Appears in 1 contract
Samples: Land Lease
Laws and Taxes. (1A) This Sublease is issued subject to all applicable requirements of State statutes and regulations in effect during the term of this Sublease, including those related to the leasing of lands and facilities and the granting of privileges at State airports. All references to regulations contained in this Sublease shall be construed to incorporate any amendments to those regulations. In the event any regulation referred to in this Sublease shall be repealed, the reference shall be construed to incorporate any contemporaneously or subsequently adopted regulation addressing the same or similar subject matter.
(2B) The Sublessee will comply with all applicable requirements imposed on the Airport or the Borough by federal law to ensure that the Borough’s eligibility for federal money or for participation in a federal aviation program by the Airport or the Borough is not jeopardized and with all orders issued by the Borough.
(3C) At no expense to the Borough, the Sublessee will obtain all necessary licenses and permits, pay all taxes and special assessments lawfully imposed upon the Sublease Premises, and pay other fees and charges assessed under applicable law. Nothing in this Sublease prevents the Sublessee from challenging any taxes or special assessments to the appropriate authority under applicable procedures.
(4D) The Borough shall not be liable to the Sublessee for a diminution or deprivation of the Sublessee’s rights under this Sublease because of the Borough’s exercise of any authority under this section. The Sublessee shall not be entitled to terminate the whole or any portion of this Sublease by reason of the exercise of such authority, unless the exercise shall interfere with the Sublessee's use and occupancy of the Sublease Premises to the extent that a termination would be permitted under the laws of the State of Alaska.
(5E) The laws of the State of Alaska will govern in any dispute between the Sublessee and Borough. If a dispute continues after exhaustion of administration remedies, any lawsuit must be brought in the courts of the State of Alaska, in Ketchikan within the First Judicial District.
(6F) This Sublease is subordinate in all respects to all issued general obligation, revenue or other bonds, securities, or encumbrances issued in regard to the Ketchikan International Airport. This Sublease shall be subject to all prior exceptions, reservations, leases, licenses, easements, restrictions and rights-of-way of record affecting the Sublease Premises and the Sublessee agrees not to violate such.
Appears in 1 contract
Samples: Land Terminal Sublease & Airline Operating Agreement