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HomeMy WebLinkAboutECAT07-062 American Airlines_first addendumFIRST ADDENDUM TO THE EAGLE COUNTY AIR TERMINAL CORPORATION TERMINAL BUILDING LEASE BETWEEN EAGLE COUNTY AIR TERMINAL CORPORATION AND AMERICAN AIRLINES This First Addendum to the Eagle County Air Terminal Corporation Terminal Building Lease between Eagle County Air Terminal Corporation and American Airlines, Inc. (the "Addendum") is effective as of theD-Lday of 2007 by and between EAGLE COUNTY AIR TERMINAL CORPORATION ("ECAT") and AMERICAN AIRLINES, INC. ("American"). WHEREAS, ECAT and AMERICAN will be entering into a terminal building lease for a thirty-six (36) month term beginning on December 1, 2006 ("Lease"); and WHEREAS, the insurance requirements in Section 11.2.1 requiring coverage amounts to be considered and applied individually by the Airline and each of its Affiliates is not applicable to American based on the wholly -owned relationship between American and American Eagle and the insurance structure currently in place with American; and WHEREAS, ECAT and AMERICAN desire to acknowledge such relationship and structure in the Lease as more particularly set forth in the language hereunder. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth in the Lease and this Addendum, the adequacy of which is hereby acknowledged by the parties to be sufficient, the parties agree to the revised provision as follows: Section 11.2.1 shall be deleted in its entirety and replaced with the following effective upon execution of this First Amendment. "11.2.1 AIRLINE shall maintain liability insurance for the protection of AIRLINE and the CORPORATION and COUNTY, their commissioners, directors, officers, agents and employees, insuring against damages because of personal injury, bodily injury, death, property damage, including loss of use thereof, and arising out of any operations of AIRLINE in connection with this AGREEMENT. Coverage shall provide limits per occurrence to a combined single limit in amounts not less than those set forth in Exhibit C. Such insurance shall name the CORPORATION and COUNTY, their commissioners, directors, officers, agents and employees as additional insureds, but only as respects the operations of the named insured AIRLINE, as their interests may appear, with the stipulation that this insurance, as to the interest of the CORPORATION and COUNTY only, shall not be invalidated by any act or neglect or breach of contract by AIRLINE, so long u u as the CORPORATION or COUNTY has not caused, contributed to or knowingly condoned the said act, neglect or breach of contract. The coverage provided by this policy(ies) shall be primary coverage and any other insurance carried by the CORPORATION and COUNTY is excess." All other terms and conditions of the Lease shall remain unchanged and in full force and effect. In WITNESS WHEREOF, the parties have executed this First Addendum on the date first written above. EAGLE COUNTY I' II CORPOWt. By ,It fir: AMERICAN AIRLINES, INC. By l Name Title Title Date Date TIMOTHY K SK1PWORTH Mana�,i*il; Dircctor Corporate heal RSt1te OFFICE OFTHE COUNTY ATTORNEY (970)328-8685 FAX:(970) 328-8699 w .eaglecounty.us EAGLE COUNTY American Airlines Attn: Kelly Fenyes 4333 Amon Carter Blvd. Mail Drop 5317 Fort Worth, TX 76155-2664 Re: American Airlines Terminal Building Lease Dear Kelly Fenyes: Enclosed for your file is an original Terminal Corporation Terminal Building Lease along with an original First Addendum to the Eagle County Air Terminal Corporation Terminal Building Lease between Eagle County Air Terminal Corporation and American Airlines. If you have any questions or concerns please feel free to contact our office. Rikki Vigil Legal Secretary Enclosure Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 81631-0850