Common use of Remedies for Uncured Event of Default by Airline Clause in Contracts

Remedies for Uncured Event of Default by Airline. ‌ Upon the occurrence of an Uncured Event of Default by Airline, as set forth in Section 31.2, Airline shall remain liable to the Port for all Rents due hereunder for the Term of this Agreement and for all breach(es) of any covenant or agreement herein contained. In addition to, and not in the alternative to, all rights available at law or in equity for breach of contract, all of the following remedies shall be available to the Port and shall not be exclusive to one another: (a) the Port may immediately terminate this Agreement and, to the greatest extent allowed by law, prohibit Airline from operating at the Airport. In the event of termination based on any Uncured Event of Default contained in this Agreement, all rights, powers and privileges of Airline under this Agreement shall cease, and Airline shall immediately vacate any portions of the Premises or Airport occupied by it under this Agreement. Airline shall have no claim of any kind whatsoever against the Port by reason of such termination or by reason of any act by the Port; (b) the Port may, prior to exercising its other legal remedies, allow Airline to continue to operate, but collect liquidated damages from Airline in the amount of ONE THOUSAND DOLLARS AND NO CENTS ($1,000.00) per month for an Uncured Event of Default. The Airline hereby agrees that said amount represents a reasonable amount of damages to the Port and to the Airline Cost Center for delaying its right to terminate this Agreement or exercise any other remedies under this Agreement; (c) the Port may elect to ▇▇▇ for money damages; and/or (d) the Port may elect to re-enter all or part of the Premises and may remove all Airline personnel and property from said Premises. Upon any such removal, Airline property may be stored in a public warehouse, or elsewhere, at the cost of, and for the account of Airline. Should the Port elect to re-enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided by law, it may, at any time subsequent to an Event of Default by Airline, either terminate this Agreement or relet all or part of the Premises and any improvements thereon, or any part thereof for such term, at such Rents, and upon such other terms and conditions as the Port, in its sole discretion, may deem advisable, with the right to make alterations, repairs, or improvements on said Premises. No re-entry or reletting of the Premises by the Port shall be construed as an election on the Port's part to terminate this Agreement, unless a written notice of such intention is given to Airline. In reletting the Premises, the Port shall be obligated only to the extent required by Oregon law to mitigate damages.