Common use of AIRLINE Rights and Privileges Clause in Contracts

AIRLINE Rights and Privileges. In addition to all rights granted elsewhere in this Agreement, AIRLINE shall have the right to use, in common with others so authorized by AUTHORITY, areas, other than areas leased exclusively or preferentially to others, facilities, equipment, and improvements at the Airport for the operation of AIRLINE's Air Transportation Business and all activities reasonably necessary to such operations, including but not limited to: A. The landing, taking off, flying over, taxiing, towing, and conditioning of AIRLINE's aircraft and, in areas designated by AUTHORITY, the extended parking, servicing, deicing, loading or unloading, storage, or maintenance of AIRLINE's aircraft and support equipment subject to Paragraphs 5.01F, 5.01G, and 5.02C, and to the availability of space, and subject to such reasonable charges and regulations as AUTHORITY may establish; provided, however, AIRLINE shall not permit the use of the Airfield by any aircraft operated or controlled by AIRLINE which exceeds the design strength or capability of the Airfield as described in the then-current FAA-approved Airport Layout Plan (ALP) or other engineering evaluations performed subsequent to the then-current ALP, including the then-current Airport Certification Manual. B. The sale of air transportation tickets and services, the processing of passengers and their baggage for air travel, the sale, handling, and providing of mail, freight, and express services, and reasonable and customary airline activities. C. The training of personnel in the employ of or to be employed by AIRLINE and the testing of aircraft and other equipment being utilized at the Airport in the operation of AIRLINE's Air Transportation Business; provided, however, said training and testing shall be incidental to the use of the Airport in the operation by AIRLINE of its Air Transportation Business and shall not unreasonably hamper or interfere with the use of the Airport and its facilities by others entitled to the use of same. AUTHORITY reserves the right to restrict or prohibit such training and testing operations which it deems to interfere with the use of the Airport, including excessive noise as reasonably determined by AUTHORITY. D. The sale, disposition, or exchange of AIRLINE's aircraft, engines, accessories, gasoline, oil, grease, lubricants, fuel, or other similar equipment or supplies; provided, however, AIRLINE shall not sell or permit to be sold aviation fuels or propellants except (i) to such Air Transportation Company which is a successor company to AIRLINE, (ii) for use in aircraft of others which are being used solely in the operation of AIRLINE's Air Transportation Business, including, but not limited to, AIRLINE's code sharing partner(s), or (iii) when a comparable grade and type of fuel desired by others is not available at the Airport except from AIRLINE. E. The purchase at the Airport or elsewhere, of fuels, lubricants, and any other supplies and services, from any person or company, subject to Paragraph 5.01D and to AUTHORITY's right to require that each provider of services and/or supplies to AIRLINE secures a permit from AUTHORITY to conduct such activity at the Airport, pays required fees, and abides by all reasonable rules and regulations established by AUTHORITY. No discriminatory limitations or restrictions shall be imposed by AUTHORITY that interfere with such purchases; provided, however, nothing herein shall be construed to permit AIRLINE to store aviation fuels at the Airport. Fuel tenders are prohibited on Terminal Aircraft Aprons serviced by the fuel hydrant system except by separate authorization of AUTHORITY. The granting of the right to store aviation fuels shall be subject to the execution of a separate agreement between AIRLINE and AUTHORITY. F. The servicing by AIRLINE or its suppliers of aircraft and other equipment being utilized at the Airport by AIRLINE on the Terminal Aircraft Aprons or such other locations as may be designated by the Executive Director. G. The loading and unloading of persons, property, cargo, parcels and mail by motor vehicles or other means of conveyance reasonably approved by AUTHORITY on or at Terminal Aircraft Aprons or such other locations as may be designated by the Executive Director; provided AIRLINE shall not use Terminal Aircraft Aprons immediately adjacent to the passenger terminal to load or unload all-cargo aircraft unless otherwise authorized in writing by AUTHORITY. H. The provision, either alone or in conjunction with other Air Transportation Companies or through a nominee, of xxxxxx/skycap service for the convenience of the public, at no cost to AUTHORITY. I. The installation and maintenance, at AIRLINE's sole cost and expense, of identifying signs in AIRLINE's Exclusive Use Premises. Installation shall be subject to the prior written approval of the Executive Director and shall comply with the procedures in the AUTHORITY’s Leasehold Development Standards. The general type and design of such signs shall be compatible with and not detract from the pattern and decor of the Terminal areas. Nothing herein shall be deemed to prohibit AIRLINE's installation on the walls behind ticket counters, inside baggage service offices, and on the exterior of loading bridges associated with preferentially assigned passenger boarding gates, of identifying and company logo signs as are customarily installed by AIRLINE in such areas at comparable airport facilities, subject to the prior written approval of AUTHORITY. However, AIRLINE shall not install any promotional displays or advertising displays in its Airline Premises unless authorized in writing, in advance, by the AUTHORITY. J. The installation, maintenance, and operation, at no cost to AUTHORITY, of such radio communication, company telephone system, computer, meteorological and aerial navigation equipment, and facilities on AIRLINE's Exclusive Use Premises and Preferential Use Premises as may be necessary or convenient for the operation of its Air Transportation Business; provided, however, that except for equipment and facilities already in place, such installations shall be subject to the prior written approval of the Executive Director. Prior to any written approval, AIRLINE shall provide the Executive Director with all necessary supporting documentation related to such installations. AIRLINE recognizes that AUTHORITY has installed airline-compatible multiuser flight information display systems and AIRLINE shall diligently proceed to use such systems. K. The use of designated airline cable trays, raceways, and rights of way as may reasonably be required by AIRLINE for communications, computer equipment, teletype, telephone, interphone, conveyor systems and power, and other transmission lines in areas exclusively and preferentially-leased by AIRLINE, subject to the availability of space and/or ground areas as determined by the Executive Director. AUTHORITY reserves the right to require the execution of a separate agreement between AUTHORITY and AIRLINE for the lease and use of such space and/or ground area outside Terminal areas or to provide such service directly to AIRLINE. L. The installation of personal property, including furniture, furnishings, supplies, machinery, and equipment, in AIRLINE's Exclusive Use Premises and Preferential Use Premises, as AIRLINE may deem necessary, useful or prudent for the operation of its Air Transportation Business. Title to such personal property shall remain with AIRLINE, subject to the provisions of this Agreement. M. The construction of modifications, finishes, and improvements in Airline Premises as AIRLINE may deem necessary or prudent for the operation of its Air Transportation Business, subject to the provisions of Section 9.01. N. AIRLINE shall have the right to ingress to and egress from the Airport and Airline Premises for AIRLINE’s officers, employees, agents, and invitees, including passengers, suppliers of materials, furnishers of services, aircraft, equipment, vehicles, machinery and other property. Such right shall be subject to CFR Part 1542, applicable laws, and the AUTHORITY’s right in accordance with its applicable law to establish reasonable and nondiscriminatory Rules and Regulations and Operating Directives as set out in Section 18.08 governing (i) the general public, including AIRLINE’s passengers, and, (ii) access to non-public areas at the Airport by AIRLINE’s employees, suppliers of materials, and furnishers of services; provided, however, any such Rules and Regulations and Operating Directives of AUTHORITY shall not unreasonably interfere with the operation of AIRLINE’s Air Transportation Business. AUTHORITY may at any time temporarily or permanently close, re-route, or consent to or request the closing or re-routing of any roadway or access to the Airport, so long as a means of ingress and egress reasonably equivalent is concurrently made available to AIRLINE. AIRLINE hereby releases and discharges AUTHORITY from any and all claims, demands, or causes of action which AIRLINE may now or at any time hereafter have arising or alleged to arise out of such a closing or re-routing. O. Nothing in this paragraph shall prohibit AIRLINE from (i) providing food and beverages, at AIRLINE's sole cost and expense, or installing or maintaining vending machines in its non-public Exclusive Use Premises for the sole use of AIRLINE's employees, the type, kind, and locations subject to the prior written approval of the Executive Director and (ii) providing under a separate agreement with AUTHORITY for its own flight kitchen for catering services to its passengers and crews for consumption aboard aircraft or (iii) from entering into a separate agreement for the sale of food and beverage in a "VIP room" or similar private club at the Airport. P. The rights and privileges granted to AIRLINE pursuant to this Article 5 may be exercised on behalf of AIRLINE by other Signatory Airlines or contractors authorized by AUTHORITY to provide such services at the Airport, subject to all laws, rules, regulations, fees and charges and Article 7 and Article 15 as may be applicable to the activities undertaken. Q. AIRLINE may exercise on behalf of any other Air Transportation Company having an operating agreement or permit with AUTHORITY any of the rights granted AIRLINE herein, so long as AIRLINE is concurrently exercising those same rights in the operation of AIRLINE's own Air Transportation Business at the Airport, subject to the provisions of Article 7, Article 15, and other provisions of this Agreement.

Appears in 1 contract

Samples: Airline Airport Use and Lease Agreement

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AIRLINE Rights and Privileges. In addition to all rights granted elsewhere in this Agreement, AIRLINE shall have the right non-exclusive right, license and privilege to use, in common with others so authorized by the AUTHORITY, areas, other than areas leased exclusively or preferentially to others, facilities, equipment, and improvements at the Airport for the operation of AIRLINE's ’s Air Transportation Business and all activities reasonably necessary to such operations, including but not limited to: A. The landing, taking off, flying over, taxiing, towing, and conditioning of AIRLINE's ’s aircraft and, in areas area designated by AUTHORITY, the extended parking, servicing, deicing, loading or unloading, storage, or maintenance of AIRLINE's ’s aircraft and support equipment subject to Paragraphs 5.01FSections 5.01(F), 5.01G5.01(G), and 5.02C5.02(C), and to the availability of space, and subject to such reasonable charges and regulations as AUTHORITY may establish; provided, however, AIRLINE shall not permit the use of the Airfield by any aircraft operated or controlled by AIRLINE which exceeds the design strength or capability of the Airfield as described in the then-current FAA-approved Airport Layout Plan (ALP) or other engineering evaluations performed subsequent to the then-current ALP, including the then-current Airport Certification ManualManual all of which are incorporated herein by reference. B. The sale of air transportation tickets and services, the processing of passengers and their baggage for air travel, and the sale, handling, and providing of mail, freight, and express services, and reasonable and customary airline activities. C. The training of personnel in the employ of or to be employed by AIRLINE and the testing of aircraft and other equipment being utilized at the Airport in the operation of AIRLINE's ’s Air Transportation Business; provided, however, said training and testing shall be incidental to the use of the Airport in the operation by AIRLINE of its Air Transportation Business and shall not unreasonably hamper or interfere with the use of the Airport and its facilities by others entitled to the use of same. The AUTHORITY reserves the right to restrict or prohibit such training and testing operations which as it deems to interfere interferes with the use of the Airport, including excessive noise as reasonably determined by AUTHORITY. D. The sale, disposition, or exchange of AIRLINE's ’s aircraft, engines, accessories, gasoline, oil, grease, lubricants, fuel, or other similar equipment or supplies; provided, however, AIRLINE shall not sell or permit to be sold aviation fuels or propellants propellants, except (i) to such Air Transportation Company which is a successor company Company to AIRLINE, (ii) for use in aircraft of others which are being used solely in the operation of AIRLINE's ’s Air Transportation Business, including, but not limited to, AIRLINE's ’s code sharing partner(s), ) or (iii) when a comparable grade and type of fuel desired by others is not available at the Airport except from AIRLINE. E. The purchase at the Airport or elsewhere, of fuels, lubricants, and any other supplies and services, from any person or company, subject to Paragraph 5.01D Section 5.01.D and to the AUTHORITY's ’s right to require that each provider of services and/or supplies to AIRLINE secures a permit from AUTHORITY to conduct such activity at the Airport, pays required fees, and abides by all reasonable rules and regulations established by AUTHORITY. No discriminatory limitations or restrictions shall be imposed by AUTHORITY that interfere with such purchases; provided, however, nothing herein shall be construed to permit AIRLINE to store aviation fuels at the Airport. Fuel tenders are prohibited on Terminal Aircraft Aprons serviced by the fuel hydrant system except by separate authorization of AUTHORITY. The granting of the right to store aviation fuels shall be subject to the execution of a separate agreement between AIRLINE and AUTHORITY. F. The servicing by AIRLINE or its suppliers of aircraft and other equipment being utilized at the Airport by AIRLINE on the Terminal Aircraft Aprons or such other locations as may be designated by the Executive Director. G. The loading and unloading of persons, property, cargo, parcels and mail by motor vehicles or other means of conveyance reasonably approved by AUTHORITY on or at Terminal Aircraft Aprons or such other locations as may be designated by the Executive Director; provided AIRLINE shall not use Terminal Aircraft Aprons immediately adjacent to the passenger terminal to load or unload all-cargo aircraft unless otherwise authorized in writing by AUTHORITY. H. The provision, either alone or in conjunction with other Air Transportation Companies or through a nominee, of xxxxxx/skycap service for the convenience of the public, at no cost to AUTHORITY. I. The installation and maintenance, at AIRLINE's sole cost and expense, of identifying signs in AIRLINE's Exclusive Use Premises. Installation shall be subject to the prior written approval of the Executive Director and shall comply with the procedures in the AUTHORITY’s Leasehold Development Standards. The general type and design of such signs shall be compatible with and not detract from the pattern and decor of the Terminal areas. Nothing herein shall be deemed to prohibit AIRLINE's installation on the walls behind ticket counters, inside baggage service offices, and on the exterior of loading bridges associated with preferentially assigned passenger boarding gates, of identifying and company logo signs as are customarily installed by AIRLINE in such areas at comparable airport facilities, subject to the prior written approval of AUTHORITY. However, AIRLINE shall not install any promotional displays or advertising displays in its Airline Premises unless authorized in writing, in advance, by the AUTHORITY. J. The installation, maintenance, and operation, at no cost to AUTHORITY, of such radio communication, company telephone system, computer, meteorological and aerial navigation equipment, and facilities on AIRLINE's Exclusive Use Premises and Preferential Use Premises as may be necessary or convenient for the operation of its Air Transportation Business; provided, however, that except for equipment and facilities already in place, such installations shall be subject to the prior written approval of the Executive Director. Prior to any written approval, AIRLINE shall provide the Executive Director with all necessary supporting documentation related to such installations. AIRLINE recognizes that AUTHORITY has installed airline-compatible multiuser flight information display systems and AIRLINE shall diligently proceed to use such systems. K. The use of designated airline cable trays, raceways, and rights of way as may reasonably be required by AIRLINE for communications, computer equipment, teletype, telephone, interphone, conveyor systems and power, and other transmission lines in areas exclusively and preferentially-leased by AIRLINE, subject to the availability of space and/or ground areas as determined by the Executive Director. AUTHORITY reserves the right to require the execution of a separate agreement between AUTHORITY and AIRLINE for the lease and use of such space and/or ground area outside Terminal areas or to provide such service directly to AIRLINE. L. The installation of personal property, including furniture, furnishings, supplies, machinery, and equipment, in AIRLINE's Exclusive Use Premises and Preferential Use Premises, as AIRLINE may deem necessary, useful or prudent for the operation of its Air Transportation Business. Title to such personal property shall remain with AIRLINE, subject to the provisions of this Agreement. M. The construction of modifications, finishes, and improvements in Airline Premises as AIRLINE may deem necessary or prudent for the operation of its Air Transportation Business, subject to the provisions of Section 9.01. N. AIRLINE shall have the right to ingress to and egress from the Airport and Airline Premises for AIRLINE’s officers, employees, agents, and invitees, including passengers, suppliers of materials, furnishers of services, aircraft, equipment, vehicles, machinery and other property. Such right shall be subject to CFR Part 1542, applicable laws, and the AUTHORITY’s right in accordance with its applicable law to establish reasonable and nondiscriminatory Rules and Regulations and Operating Directives as set out in Section 18.08 governing (i) the general public, including AIRLINE’s passengers, fuel provider and, (ii) access to non-public areas at the Airport by AIRLINE’s employees, suppliers of materials, and furnishers of services; provided, however, any such Rules and Regulations and Operating Directives of AUTHORITY shall not unreasonably interfere with the operation of AIRLINE’s Air Transportation Business. AUTHORITY may at any time temporarily or permanently close, re-route, or consent to or request the closing or re-routing of any roadway or access to the Airport, so long as a means of ingress and egress reasonably equivalent is concurrently made available to AIRLINE. AIRLINE hereby releases and discharges AUTHORITY from any and all claims, demands, or causes of action which AIRLINE may now or at any time hereafter have arising or alleged to arise out of such a closing or re-routing. O. Nothing in this paragraph shall prohibit AIRLINE from (i) providing food and beverages, at AIRLINE's sole cost and expense, or installing or maintaining vending machines in its non-public Exclusive Use Premises for the sole use of AIRLINE's employees, the type, kind, and locations subject to the prior written approval of the Executive Director and (ii) providing under a separate agreement with AUTHORITY for its own flight kitchen for catering services to its passengers and crews for consumption aboard aircraft or (iii) from entering into a separate agreement for the sale of food and beverage in a "VIP room" or similar private club at the Airport. P. The rights and privileges granted to AIRLINE pursuant to this Article 5 may be exercised on behalf of AIRLINE by other Signatory Airlines or contractors authorized by AUTHORITY to provide such services at the Airport, subject to all laws, rules, regulations, fees and charges and Article 7 and Article 15 as may be applicable to the activities undertaken. Q. AIRLINE may exercise on behalf of any other Air Transportation Company having an operating agreement or permit with AUTHORITY any of the rights granted AIRLINE herein, so long as AIRLINE is concurrently exercising those same rights in the operation of AIRLINE's own Air Transportation Business at the Airport, subject to the provisions of Article 7, Article 15, and other provisions of this Agreement.

Appears in 1 contract

Samples: Airline Airport Use and Lease Agreement (Global Crossing Airlines Group Inc.)

AIRLINE Rights and Privileges. In addition to all rights granted elsewhere in this Agreement, AIRLINE Airline shall have the right to use, in common with others so authorized by AUTHORITYCity, areas, areas (other than areas leased preferentially or exclusively or preferentially to others), facilities, equipment, and improvements at the Airport for the operation of AIRLINEAirline's Air Transportation Business and all activities reasonably necessary to and incidental for such operations, including but not limited to: A. 7.01.1 The landing, taking off, flying over, taxiing, towing, and conditioning of AIRLINEAirline's aircraft and, in areas designated by AUTHORITYCity, the extended parking, servicing, deicing, loading or unloading, storage, or maintenance of AIRLINEAirline's aircraft and support equipment subject to Paragraphs 5.01F, 5.01G, and 5.02C, and to the availability of space, space and subject to such reasonable charges and regulations as AUTHORITY City may establish; provided, however, AIRLINE Airline shall not permit the use of the Airfield by any aircraft operated or controlled by AIRLINE Airline which exceeds the design strength or capability of the Airfield as described in the then-current FAA-approved Airport Layout Plan (ALP) or other engineering evaluations performed subsequent to the then-current ALP, including the then-current Airport Certification Manual. B. 7.01.2 The sale of air transportation tickets and services, ; the processing of passengers and their baggage for air travel, ; the sale, handling, and providing of mail, freightcargo, and express services, ; and reasonable and customary airline activities. C. 7.01.3 The training of personnel in the employ of or to be employed by AIRLINE Airline and the testing of aircraft and other equipment being utilized at the Airport in the operation of AIRLINEAirline's Air Transportation Business; provided, however, said training and testing shall be incidental to the use of the Airport in the operation by AIRLINE Airline of its Air Transportation Business and shall not unreasonably hamper or interfere with the use of the Airport and its facilities by others entitled to the use of same. AUTHORITY City reserves the right to restrict or prohibit such training and testing operations operations, which it deems to interfere with the use of the Airport, including excessive noise as reasonably determined by AUTHORITYCity. D. 7.01.4 The sale, disposition, or exchange of AIRLINEAirline's aircraft, engines, accessories, gasoline, oil, grease, lubricants, fuel, or other similar equipment or supplies; provided, however, AIRLINE Airline shall not sell or permit to be sold aviation fuels or propellants except (i) to such Air Transportation Company Passenger Carrier which is a successor company to AIRLINEAirline, (ii) for use in aircraft of others which are being used solely in the operation of AIRLINEAirline's Air Transportation Business, including, but not limited to, AIRLINEAirline's code sharing partner(s), or (iii) when a comparable grade and type of fuel desired by others is not available at the Airport except from AIRLINE. E. The purchase at the Airport or elsewhere, of fuels, lubricants, and any other supplies and services, from any person or company, subject to Paragraph 5.01D and to AUTHORITY's right to require that each provider of services and/or supplies to AIRLINE secures a permit from AUTHORITY to conduct such activity at the Airport, pays required fees, and abides by all reasonable rules and regulations established by AUTHORITY. No discriminatory limitations or restrictions shall be imposed by AUTHORITY that interfere with such purchases; provided, however, nothing herein shall be construed to permit AIRLINE to store aviation fuels at the Airport. Fuel tenders are prohibited on Terminal Aircraft Aprons serviced by the fuel hydrant system except by separate authorization of AUTHORITY. The granting of the right to store aviation fuels shall be subject to the execution of a separate agreement between AIRLINE and AUTHORITY. F. The servicing by AIRLINE or its suppliers of aircraft and other equipment being utilized at the Airport by AIRLINE on the Terminal Aircraft Aprons or such other locations as may be designated by the Executive Director. G. The loading and unloading of persons, property, cargo, parcels and mail by motor vehicles or other means of conveyance reasonably approved by AUTHORITY on or at Terminal Aircraft Aprons or such other locations as may be designated by the Executive Director; provided AIRLINE shall not use Terminal Aircraft Aprons immediately adjacent to the passenger terminal to load or unload all-cargo aircraft unless otherwise authorized in writing by AUTHORITY. H. The provision, either alone or in conjunction with other Air Transportation Companies or through a nominee, of xxxxxx/skycap service for the convenience of the public, at no cost to AUTHORITY. I. The installation and maintenance, at AIRLINE's sole cost and expense, of identifying signs in AIRLINE's Exclusive Use Premises. Installation shall be subject to the prior written approval of the Executive Director and shall comply with the procedures in the AUTHORITY’s Leasehold Development Standards. The general type and design of such signs shall be compatible with and not detract from the pattern and decor of the Terminal areas. Nothing herein shall be deemed to prohibit AIRLINE's installation on the walls behind ticket counters, inside baggage service offices, and on the exterior of loading bridges associated with preferentially assigned passenger boarding gates, of identifying and company logo signs as are customarily installed by AIRLINE in such areas at comparable airport facilities, subject to the prior written approval of AUTHORITY. However, AIRLINE shall not install any promotional displays or advertising displays in its Airline Premises unless authorized in writing, in advance, by the AUTHORITY. J. The installation, maintenance, and operation, at no cost to AUTHORITY, of such radio communication, company telephone system, computer, meteorological and aerial navigation equipment, and facilities on AIRLINE's Exclusive Use Premises and Preferential Use Premises as may be necessary or convenient for the operation of its Air Transportation Business; provided, however, that except for equipment and facilities already in place, such installations shall be subject to the prior written approval of the Executive Director. Prior to any written approval, AIRLINE shall provide the Executive Director with all necessary supporting documentation related to such installations. AIRLINE recognizes that AUTHORITY has installed airline-compatible multiuser flight information display systems and AIRLINE shall diligently proceed to use such systems. K. The use of designated airline cable trays, raceways, and rights of way as may reasonably be required by AIRLINE for communications, computer equipment, teletype, telephone, interphone, conveyor systems and power, and other transmission lines in areas exclusively and preferentially-leased by AIRLINE, subject to the availability of space and/or ground areas as determined by the Executive Director. AUTHORITY reserves the right to require the execution of a separate agreement between AUTHORITY and AIRLINE for the lease and use of such space and/or ground area outside Terminal areas or to provide such service directly to AIRLINE. L. The installation of personal property, including furniture, furnishings, supplies, machinery, and equipment, in AIRLINE's Exclusive Use Premises and Preferential Use Premises, as AIRLINE may deem necessary, useful or prudent for the operation of its Air Transportation Business. Title to such personal property shall remain with AIRLINE, subject to the provisions of this Agreement. M. The construction of modifications, finishes, and improvements in Airline Premises as AIRLINE may deem necessary or prudent for the operation of its Air Transportation Business, subject to the provisions of Section 9.01. N. AIRLINE shall have the right to ingress to and egress from the Airport and Airline Premises for AIRLINE’s officers, employees, agents, and invitees, including passengers, suppliers of materials, furnishers of services, aircraft, equipment, vehicles, machinery and other property. Such right shall be subject to CFR Part 1542, applicable laws, and the AUTHORITY’s right in accordance with its applicable law to establish reasonable and nondiscriminatory Rules and Regulations and Operating Directives as set out in Section 18.08 governing (i) the general public, including AIRLINE’s passengers, and, (ii) access to non-public areas at the Airport by AIRLINE’s employees, suppliers of materials, and furnishers of services; provided, however, any such Rules and Regulations and Operating Directives of AUTHORITY shall not unreasonably interfere with the operation of AIRLINE’s Air Transportation Business. AUTHORITY may at any time temporarily or permanently close, re-route, or consent to or request the closing or re-routing of any roadway or access to the Airport, so long as a means of ingress and egress reasonably equivalent is concurrently made available to AIRLINE. AIRLINE hereby releases and discharges AUTHORITY from any and all claims, demands, or causes of action which AIRLINE may now or at any time hereafter have arising or alleged to arise out of such a closing or re-routing. O. Nothing in this paragraph shall prohibit AIRLINE from (i) providing food and beverages, at AIRLINE's sole cost and expense, or installing or maintaining vending machines in its non-public Exclusive Use Premises for the sole use of AIRLINE's employees, the type, kind, and locations subject to the prior written approval of the Executive Director and (ii) providing under a separate agreement with AUTHORITY for its own flight kitchen for catering services to its passengers and crews for consumption aboard aircraft or (iii) from entering into a separate agreement for the sale of food and beverage in a "VIP room" or similar private club at the Airport. P. The rights and privileges granted to AIRLINE pursuant to this Article 5 may be exercised on behalf of AIRLINE by other Signatory Airlines or contractors authorized by AUTHORITY to provide such services at the Airport, subject to all laws, rules, regulations, fees and charges and Article 7 and Article 15 as may be applicable to the activities undertaken. Q. AIRLINE may exercise on behalf of any other Air Transportation Company having an operating agreement or permit with AUTHORITY any of the rights granted AIRLINE herein, so long as AIRLINE is concurrently exercising those same rights in the operation of AIRLINE's own Air Transportation Business at the Airport, subject to the provisions of Article 7, Article 15, and other provisions of this Agreement.or

Appears in 1 contract

Samples: Airline Lease and Operating Agreement

AIRLINE Rights and Privileges. In addition to all rights granted elsewhere in this Agreement, AIRLINE shall have the right to use, in common with others so authorized by AUTHORITY, areas, other than areas leased exclusively or preferentially to others, facilities, equipment, and improvements at the Airport for the operation of AIRLINE's Air Transportation Business and all activities reasonably necessary to such operations, including but not limited to: A. The landing, taking off, flying over, taxiing, towing, and conditioning of AIRLINE's aircraft and, in areas designated by AUTHORITY, the extended parking, servicing, deicing, loading or unloading, storage, or maintenance of AIRLINE's aircraft and support equipment subject to Paragraphs 5.01F, 5.01G, and 5.02C, and to the availability of space, and subject to such reasonable charges and regulations as AUTHORITY may establish; provided, however, AIRLINE shall not permit the use of the Airfield by any aircraft operated or controlled by AIRLINE which exceeds the design strength or capability of the Airfield as described in the then-current FAA-approved Airport Layout Plan (ALP) or other engineering evaluations performed subsequent to the then-current ALP, including the then-current Airport Certification Manual. B. The sale of air transportation tickets and services, the processing of passengers and their baggage for air travel, the sale, handling, and providing of mail, freight, and express services, and reasonable and customary airline activities. C. The training of personnel in the employ of or to be employed by AIRLINE and the testing of aircraft and other equipment being utilized at the Airport in the operation of AIRLINE's Air Transportation Business; provided, however, said training and testing shall be incidental to the use of the Airport in the operation by AIRLINE of its Air Transportation Business and shall not unreasonably hamper or interfere with the use of the Airport and its facilities by others entitled to the use of same. AUTHORITY reserves the right to restrict or prohibit such training and testing operations which it deems to interfere with the use of the Airport, including excessive noise as reasonably determined by AUTHORITY. D. The sale, disposition, or exchange of AIRLINE's aircraft, engines, accessories, gasoline, oil, grease, lubricants, fuel, or other similar equipment or supplies; provided, however, AIRLINE shall not sell or permit to be sold aviation fuels or propellants except (i) to such Air Transportation Company which is a successor company to AIRLINE, (ii) for use in aircraft of others which are being used solely in the operation of AIRLINE's Air Transportation Business, including, but not limited to, AIRLINE's code sharing partner(s), or (iii) when a comparable grade and type of fuel desired by others is not available at the Airport except from AIRLINE. E. The purchase at the Airport or elsewhere, of fuels, lubricants, and any other supplies and services, from any person or company, subject to Paragraph 5.01D and to AUTHORITY's right to require that each provider of services and/or supplies to AIRLINE secures a permit from AUTHORITY to conduct such activity at the Airport, pays required applicable service-oriented fees, and abides by all reasonable rules and regulations established by AUTHORITY. No discriminatory limitations or restrictions shall be imposed by AUTHORITY that interfere with such purchases; provided, however, nothing herein shall be construed to permit AIRLINE to store aviation fuels at the Airport. Fuel tenders are prohibited on Terminal Aircraft Aprons serviced by the fuel hydrant system except by separate authorization of AUTHORITY. The granting of the right to store aviation fuels shall be subject to the execution of a separate agreement between AIRLINE and AUTHORITY. F. The servicing by AIRLINE or its suppliers of aircraft and other equipment being utilized at the Airport by AIRLINE on the Terminal Aircraft Aprons or such other locations as may be designated by the Chief Executive DirectorOfficer. G. The loading and unloading of persons, property, cargo, parcels and mail by motor vehicles or other means of conveyance reasonably approved by AUTHORITY on or at Terminal Aircraft Aprons or such other locations as may be designated by the Chief Executive DirectorOfficer; provided AIRLINE shall not use Terminal Aircraft Aprons immediately adjacent to the passenger terminal Terminal Complex to load or unload all-cargo aircraft unless otherwise authorized in writing by AUTHORITY. H. The provision, either alone or in conjunction with other Air Transportation Companies or through a nominee, of xxxxxx/skycap service for the convenience of the public, at no cost to AUTHORITY. I. The installation and maintenance, at AIRLINE's sole cost and expense, of identifying signs in AIRLINE's Exclusive Preferential Use Premises. Installation shall be subject to the prior written approval of the Chief Executive Director Officer and shall comply with the procedures in the AUTHORITY’s Leasehold Development StandardsTenant Work Permit Program. The general type and design of such signs shall be compatible with and not detract from the pattern and decor of the Terminal Complex areas. Nothing herein shall be deemed to prohibit AIRLINE's installation on the walls behind ticket counters, inside baggage service offices, counters and ticket lift counters in holdrooms and on the exterior of loading bridges associated with preferentially assigned passenger boarding gatesbridges, of if any, identifying and company logo signs as are customarily installed by AIRLINE in such areas at comparable airport facilities, subject to the prior written approval of AUTHORITY. However, AIRLINE shall not install any promotional displays or advertising displays in its Airline Premises unless authorized in writing, in advance, by the AUTHORITY. J. The installation, maintenance, and operation, at no cost to AUTHORITY, of such radio communication, company telephone system, computer, meteorological and aerial navigation equipment, and facilities on AIRLINE's Exclusive Use Premises and Preferential Use Premises as may be necessary or convenient for the operation of its Air Transportation Business; provided, however, that except for equipment and facilities already in place, such installations shall be subject to the prior written approval of the Chief Executive DirectorOfficer. Prior to any written approval, AIRLINE shall provide the Chief Executive Director Officer with all necessary supporting documentation related to such installations. Should AUTHORITY install AIRLINE recognizes that AUTHORITY has installed airline-compatible multiuser flight information display systems and systems, AIRLINE shall diligently proceed to use such systems. K. The use of designated airline cable trays, raceways, and Such rights of way as may reasonably be required by AIRLINE for communications, computer equipment, teletype, telephone, interphone, conveyor systems and power, and other transmission lines in areas exclusively and preferentially-leased by AIRLINE, subject to the availability of space and/or ground areas as determined by the Chief Executive DirectorOfficer. AUTHORITY reserves the right to require the execution of a separate agreement between AUTHORITY and AIRLINE for the lease and use of such space and/or ground area outside Terminal Complex areas or to provide such service directly to AIRLINE. L. The installation of personal property, including furniture, furnishings, supplies, machinery, and equipment, in AIRLINE's Exclusive Use Premises and Preferential Use Premises, as AIRLINE may deem necessary, useful or prudent for the operation of its Air Transportation Business. Title to such personal property shall remain with AIRLINE, subject to the provisions of this Agreement. M. The construction of modifications, finishes, and improvements in Airline Premises as AIRLINE may deem necessary or prudent for the operation of its Air Transportation Business, subject to the provisions of Section 9.019.04. N. AIRLINE shall have the right to ingress to and egress from the Airport and Airline Premises for AIRLINE’s officers, employees, agents, and invitees, including passengers, suppliers of materials, furnishers of services, aircraft, equipment, vehicles, machinery and other property. Such right shall be subject to 49 CFR Part 1542, applicable laws, and the AUTHORITY’s right in accordance with its applicable law to establish reasonable and nondiscriminatory Rules and Regulations and Operating Directives as set out in Section 18.08 governing (i) the general public, including AIRLINE’s passengers, and, (ii) access to non-public areas at the Airport by AIRLINE’s employees, suppliers of materials, and furnishers of services; provided, however, any such Rules and Regulations and Operating Directives of AUTHORITY shall not unreasonably interfere with the operation of AIRLINE’s Air Transportation Business. AUTHORITY may at any time temporarily or permanently close, re-route, or consent to or request the closing or re-routing of any roadway or access to the Airport, so long as a means of ingress and egress reasonably equivalent is concurrently made available to AIRLINE. AIRLINE hereby releases and discharges AUTHORITY from any and all claims, demands, or causes of action which AIRLINE may now or at any time hereafter have arising or alleged to arise out of such a closing or re-routing. O. Nothing Subject to any restrictions in AUTHORITY’s agreement with its food and beverage concessionaire, nothing in this paragraph shall prohibit AIRLINE from (i) providing food and beverages, at AIRLINE's sole cost and expense, or installing or maintaining vending machines in its non-public Exclusive Use Premises for the sole use of AIRLINE's employees, the type, kind, and locations subject to the prior written approval of the Chief Executive Director Officer and (ii) providing under a separate agreement with AUTHORITY for its own flight kitchen for catering services to its passengers and crews for consumption aboard aircraft or (iii) from entering into a separate agreement for the sale of food and beverage in a "VIP room" or similar private club at the Airport. P. The rights and privileges granted to AIRLINE pursuant to this Article 5 may be exercised on behalf of AIRLINE by other Signatory Airlines or contractors authorized by AUTHORITY to provide such services at the Airport, subject to the prior written approval of AUTHORITY and further subject to all laws, rules, regulations, fees and charges and Article 7 and Article 15 as may be applicable to the activities undertaken. Q. AIRLINE may exercise on behalf of any other Air Transportation Company having an operating agreement or permit with AUTHORITY any of the rights granted AIRLINE herein, so long as AIRLINE is concurrently exercising those same rights in the operation of AIRLINE's own Air Transportation Business at the Airport, subject to the provisions of Article 7Section 7.05, Article 15, 15 and other provisions of this AgreementAgreement with respect to Hillsborough County Aviation Authority Rules and Regulations and Operating Directives for Tampa International Airport. R. AIRLINE may only enter into agreements providing for pay telephones by the public in its airline clubs and VIP rooms, and shall not enter into any agreements providing for pay telephones for the public anywhere else within the Terminal Complex.

Appears in 1 contract

Samples: Airline Airport Use and Lease Agreement

AIRLINE Rights and Privileges. In addition to all rights granted elsewhere in this Agreement, AIRLINE shall have the right to use, in common with others so authorized by the AUTHORITY, areas, other than areas leased exclusively or preferentially to others, facilities, equipment, and improvements at the Airport for the operation of AIRLINE's Air Transportation Business and all activities reasonably necessary to such operations, including but not limited to: A. The landing, taking off, flying over, taxiing, towing, and conditioning of AIRLINE's aircraft and, in areas designated by AUTHORITY, the extended parking, servicing, deicing, loading or unloading, storage, or maintenance of AIRLINE's aircraft and support equipment subject to Paragraphs 5.01F5.01.F, 5.01G5.01.G, and 5.02C5.02.C, and to the availability of space, and subject to such reasonable charges and regulations as AUTHORITY may establish; provided, however, AIRLINE shall not permit the use of the Airfield by any aircraft operated or controlled by AIRLINE which exceeds the design strength or capability of the Airfield as described in the then-current FAA-FAA approved Airport Layout Plan (ALP) or other engineering evaluations performed subsequent to the then-current ALP, including the then-current Airport Certification Manual. B. The sale of air transportation tickets and services, the processing of passengers and their baggage for air travel, the sale, handling, and providing of mail, freight, and express services, and reasonable and customary airline activities. C. The training of personnel in the employ of or to be employed by AIRLINE and the testing of aircraft and other equipment being utilized at the Airport in the operation of AIRLINE's Air Transportation Business; provided, however, said training and testing shall be incidental to the use of the Airport in the operation by AIRLINE of its Air Transportation Business and shall not unreasonably hamper or interfere with the use of the Airport and its facilities by others entitled to the use of same. AUTHORITY reserves the right to restrict or prohibit such training and testing operations which it deems to interfere with the use of the Airport, including excessive noise as reasonably determined by AUTHORITY. D. The sale, disposition, or exchange of AIRLINE's aircraft, engines, accessories, gasoline, oil, grease, lubricants, fuel, or other similar equipment or supplies; provided, however, AIRLINE shall not sell or permit to be sold aviation fuels or propellants except (i) to such Air Transportation Company which is a successor company to AIRLINE, (ii) for use in aircraft of others which are being used solely in the operation of AIRLINE's Air Transportation Business, including, but not limited to, AIRLINE's code sharing partner(s), or (iii) when a comparable grade and type of fuel desired by others is not available at the Airport except from AIRLINE. E. The purchase at the Airport or elsewhere, of fuels, lubricants, and any other supplies and services, from any person or company, subject to Paragraph 5.01D 5.01.D and to the AUTHORITY's right to require that each provider of services and/or supplies to AIRLINE secures a permit from AUTHORITY to conduct such activity at the Airport, pays required fees, and abides by all reasonable rules and regulations established by AUTHORITY. No discriminatory limitations or restrictions shall be imposed by AUTHORITY that interfere with such purchases; provided, however, nothing herein shall be construed to permit AIRLINE to store aviation fuels at the Airport. Fuel tenders are prohibited on Terminal Aircraft Aprons serviced by the fuel hydrant system except by separate authorization of AUTHORITY. The granting of the right to store aviation fuels shall be subject to the execution of a separate agreement between AIRLINE and AUTHORITY. F. The servicing by AIRLINE or its suppliers of aircraft and other equipment being utilized at the Airport by AIRLINE on the AIRLINE's Terminal Aircraft Aprons Aprons, Cargo Aircraft Aprons, or such other locations as may be designated by the Executive DirectorPresident/CEO. G. The loading and unloading of persons, property, cargo, parcels and mail by motor vehicles or other means of conveyance reasonably approved by AUTHORITY on or at AIRLINE's Terminal Aircraft Aprons Aprons, Cargo Aircraft Aprons, or such other locations as may be designated by the Executive DirectorPresident/CEO; provided AIRLINE shall not use Terminal Aircraft Aprons immediately adjacent to the passenger terminal to load or unload all-cargo aircraft unless otherwise authorized in writing by the AUTHORITY. H. The provision, either alone or in conjunction with other Air Transportation Companies or through a nominee, of xxxxxx/skycap service for the convenience of the public, at no cost to AUTHORITY. I. The installation and maintenance, at AIRLINE's sole cost and expense, of identifying signs in AIRLINE's Exclusive Preferential Use Premises. Installation shall be Premises subject to the prior written approval of the Executive Director and shall comply with the procedures in the AUTHORITY’s Leasehold Development StandardsPresident/CEO. The general type and design of such signs shall be compatible with and not detract from the pattern and decor of the Terminal areas. Nothing herein shall be deemed to prohibit AIRLINE's installation on the walls behind ticket counters, inside baggage service offices, and on the exterior of loading bridges associated with preferentially assigned passenger boarding gates, of identifying and company logo signs as are customarily installed by AIRLINE in such areas at comparable airport facilities, subject to the prior written approval of all reasonable rules and regulations established by AUTHORITY. However, AIRLINE shall not install any promotional displays or advertising displays in its Airline Premises unless authorized in writing, in advance, by AUTHORITY; provided, however, nothing shall be deemed to prohibit AIRLINE’s installation on the AUTHORITYwalls behind ticket lift counters in holdrooms, and baggage service offices, identifying and company logo signs as are customarily installed by AIRLINE in such areas at comparable airport facilities. J. The installation, maintenance, and operation, at no cost to AUTHORITY, of such radio communication, company telephone system, computer, meteorological and aerial navigation equipment, and facilities on AIRLINE's Exclusive Use Premises and Preferential Use Premises as may be necessary or convenient for the operation of its Air Transportation Business; provided, however, that except for equipment and facilities already in place, such installations shall be subject to the prior written approval of the Executive DirectorPresident/CEO; and such equipment and facilities installed and maintained by AIRLINE shall not interfere with any radio communication, computer, meteorological and aerial navigation equipment and facilities of the AUTHORITY. Prior to any written approval, AIRLINE shall provide the Executive Director President/CEO with all necessary supporting documentation related to such installations. AIRLINE recognizes that AUTHORITY has installed airline-compatible multiuser flight information display systems and AIRLINE shall diligently proceed to use such systems. K. The use of designated airline cable trays, raceways, and Such rights of way as may reasonably be required by AIRLINE for communications, computer equipment, teletype, telephone, interphone, pneumatic tubes, conveyor systems and power, and other transmission lines in areas exclusively and preferentially-leased by AIRLINE’s Preferential Use Premises, subject to the availability of space and/or ground areas as reasonably determined by the Executive DirectorPresident/CEO. AUTHORITY reserves the right to require the execution of a separate agreement between AUTHORITY and AIRLINE for the lease and use of such space and/or ground area outside Terminal areas or to provide such service directly to AIRLINE. L. The installation of personal property, including furniture, furnishings, supplies, machinery, and equipment, in AIRLINE's Exclusive Preferential Use Premises and Preferential Use Premises, as AIRLINE may deem necessary, useful necessary or prudent for the operation of its Air Transportation Business. Title to such personal property shall remain with AIRLINE, subject to the provisions of this Agreement. M. The construction of modifications, finishes, and improvements in Airline Preferential Use Premises as AIRLINE may deem necessary or prudent for the operation of its Air Transportation Business, subject to the provisions of Section 9.019.04. N. AIRLINE shall have the right to ingress Ingress to and egress from the Airport and Airline Premises for AIRLINE’s 's officers, employees, agents, and invitees, including passengers, suppliers of materials, furnishers of services, aircraft, equipment, vehicles, machinery machinery, and other property. Such right shall be subject to CFR Part 1542, applicable laws, and the AUTHORITY’s 's right in accordance with its applicable law to establish reasonable rules and nondiscriminatory Rules and Regulations and Operating Directives as set out in Section 18.08 regulations governing (i) the general public, including AIRLINE’s 's passengers, and, and (ii) access to non-public areas at the Airport by AIRLINE’s 's employees, suppliers of materials, and furnishers of services; provided, however, any such Rules rules and Regulations and Operating Directives regulations of the AUTHORITY shall not unreasonably interfere with the operation of AIRLINE’s 's Air Transportation Business. Further, AUTHORITY may at any time time, temporarily or permanently close, re-route, or consent to or request the closing or re-routing of any roadway or access to the Airport. In the event of such restrictions, so long as and if necessary, AUTHORITY shall ensure the availability of a reasonably equivalent means of ingress and egress reasonably equivalent is concurrently made available to AIRLINE. AIRLINE hereby releases and discharges AUTHORITY from any and all claims, demands, or causes of action which AIRLINE may now or at any time hereafter have arising or alleged to arise out of such a closing or re-routingegress. O. Nothing in this paragraph shall prohibit AIRLINE from (i) providing food and beverages, at AIRLINE's sole cost and expense, or installing or maintaining food and beverage vending machines in its non-public Exclusive Preferential Use Premises at AIRLINE’s sole cost and expense for the sole use of AIRLINE's employees, the type, kind, and locations subject to the prior written approval of the Executive Director and (ii) President/CEO; and, providing under a separate agreement with AUTHORITY for its own flight kitchen for catering services to its passengers and crews for consumption aboard aircraft or (iii) from entering into a separate agreement with AUTHORITY for the sale of food and beverage in a "VIP room" or similar private club at the Airport. P. The rights and privileges granted to AIRLINE pursuant to this Article 5 may be exercised on behalf of AIRLINE by other Signatory Airlines or contractors authorized by AUTHORITY to provide such services at the Airport, subject to the prior written approval of AUTHORITY and further subject to all laws, rules, regulations, and fees and charges and Article 7 and Article 15 as may be applicable to the activities undertaken. Q. AIRLINE may exercise on behalf of any other Air Transportation Company having an operating agreement or permit with AUTHORITY Companies any of the rights granted AIRLINE herein, so long as AIRLINE is concurrently exercising those same rights in the operation of AIRLINE's own Air Transportation Business at the Airport, subject to the provisions of Article 7, Article 15, and other provisions of this AgreementAgreement with respect to AUTHORITY rules and regulations and the payment of fees and charges for such activities.

Appears in 1 contract

Samples: Airline Airport Use and Lease Agreement

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AIRLINE Rights and Privileges. In addition to all rights granted elsewhere in this Agreement, AIRLINE shall have the right to use, in common with others so authorized by AUTHORITY, areas, other than areas leased exclusively or preferentially to others, facilities, equipment, and improvements at the Airport for the operation of AIRLINE's Air Transportation Business and all activities reasonably necessary to such operations, including but not limited to: A. The landing, taking off, flying over, taxiing, towing, and conditioning of AIRLINE's aircraft and, in areas designated by AUTHORITY, the extended parking, servicing, deicing, loading or unloading, storage, or maintenance of AIRLINE's aircraft and support equipment subject to Paragraphs 5.01F, 5.01G, and 5.02C, and to the availability of space, and subject to such reasonable charges and regulations as AUTHORITY may establish; provided, however, AIRLINE shall not permit the use of the Airfield by any aircraft operated or controlled by AIRLINE which exceeds the design strength or capability of the Airfield as described in the then-current FAA-approved Airport Layout Plan (ALP) or other engineering evaluations performed subsequent to the then-current ALP, including the then-current Airport Certification Manual. B. The sale of air transportation tickets and services, the processing of passengers and their baggage for air travel, the sale, handling, and providing of mail, freight, and express services, and reasonable and customary airline activities. C. The training of personnel in the employ of or to be employed by AIRLINE and the testing of aircraft and other equipment being utilized at the Airport in the operation of AIRLINE's Air Transportation Business; provided, however, said training and testing shall be incidental to the use of the Airport in the operation by AIRLINE of its Air Transportation Business and shall not unreasonably hamper or interfere with the use of the Airport and its facilities by others entitled to the use of same. AUTHORITY reserves the right to restrict or prohibit such training and testing operations which it deems to interfere with the use of the Airport, including excessive noise as reasonably determined by AUTHORITY. D. The sale, disposition, or exchange of AIRLINE's aircraft, engines, accessories, gasoline, oil, grease, lubricants, fuel, or other similar equipment or supplies; provided, however, AIRLINE shall not sell or permit to be sold aviation fuels or propellants except (i) to such Air Transportation Company which is a successor company to AIRLINE, (ii) for use in aircraft of others which are being used solely in the operation of AIRLINE's Air Transportation Business, including, but not limited to, AIRLINE's code sharing partner(s), or (iii) when a comparable grade and type of fuel desired by others is not available at the Airport except from AIRLINE. E. The purchase at the Airport or elsewhere, of fuels, lubricants, and any other supplies and services, from any person or company, subject to Paragraph 5.01D and to AUTHORITY's right to require that each provider of services and/or supplies to AIRLINE secures a permit from AUTHORITY to conduct such activity at the Airport, pays required applicable service-oriented fees, and abides by all reasonable rules and regulations established by AUTHORITY. No discriminatory limitations or restrictions shall be imposed by AUTHORITY that interfere with such purchases; provided, however, nothing herein shall be construed to permit AIRLINE to store aviation fuels at the Airport. Fuel tenders are prohibited on Terminal Aircraft Aprons serviced by the fuel hydrant system except by separate authorization of AUTHORITY. The granting of the right to store aviation fuels shall be subject to the execution of a separate agreement between AIRLINE and AUTHORITY. F. The servicing by AIRLINE or its suppliers of aircraft and other equipment being utilized at the Airport by AIRLINE on the Terminal Aircraft Aprons or such other locations as may be designated by the Executive Director. G. The loading and unloading of persons, property, cargo, parcels and mail by motor vehicles or other means of conveyance reasonably approved by AUTHORITY on or at Terminal Aircraft Aprons or such other locations as may be designated by the Executive Director; provided AIRLINE shall not use Terminal Aircraft Aprons immediately adjacent to the passenger terminal Terminal Complex to load or unload all-all- cargo aircraft unless otherwise authorized in writing by AUTHORITY. H. The provision, either alone or in conjunction with other Air Transportation Companies or through a nominee, of xxxxxx/skycap service for the convenience of the public, at no cost to AUTHORITY. I. The installation and maintenance, at AIRLINE's sole cost and expense, of identifying signs in AIRLINE's Exclusive Preferential Use Premises. Installation shall be subject to the prior written approval of the Executive Director and shall comply with the procedures in the AUTHORITY’s Leasehold Development StandardsTenant Work Permit Program. The general type and design of such signs shall be compatible with and not detract from the pattern and decor of the Terminal Complex areas. Nothing herein shall be deemed to prohibit AIRLINE's installation on the walls behind ticket counters, inside baggage service offices, counters and ticket lift counters in holdrooms and on the exterior of loading bridges associated with preferentially assigned passenger boarding gatesbridges, of if any, identifying and company logo signs as are customarily installed by AIRLINE in such areas at comparable airport facilities, subject to the prior written approval of AUTHORITY. However, AIRLINE shall not install any promotional displays or advertising displays in its Airline Premises unless authorized in writing, in advance, by the AUTHORITY. J. The installation, maintenance, and operation, at no cost to AUTHORITY, of such radio communication, company telephone system, computer, meteorological and aerial navigation equipment, and facilities on AIRLINE's Exclusive Use Premises and Preferential Use Premises as may be necessary or convenient for the operation of its Air Transportation Business; provided, however, that except for equipment and facilities already in place, such installations shall be subject to the prior written approval of the Executive Director. Prior to any written approval, AIRLINE shall provide the Executive Director with all necessary supporting documentation related to such installations. Should AUTHORITY install AIRLINE recognizes that AUTHORITY has installed airline-compatible multiuser flight information display systems and systems, AIRLINE shall diligently proceed to use such systems. K. The use of designated airline cable trays, raceways, and X. Xxxx rights of way as may reasonably be required by AIRLINE for communications, computer equipment, teletype, telephone, interphone, conveyor systems and power, and other transmission lines in areas exclusively and preferentially-leased by AIRLINE, subject to the availability of space and/or ground areas as determined by the Executive Director. AUTHORITY reserves the right to require the execution of a separate agreement between AUTHORITY and AIRLINE for the lease and use of such space and/or ground area outside Terminal Complex areas or to provide such service directly to AIRLINE. L. The installation of personal property, including furniture, furnishings, supplies, machinery, and equipment, in AIRLINE's Exclusive Use Premises and Preferential Use Premises, as AIRLINE may deem necessary, useful or prudent for the operation of its Air Transportation Business. Title to such personal property shall remain with AIRLINE, subject to the provisions of this Agreement. M. The construction of modifications, finishes, and improvements in Airline Premises as AIRLINE may deem necessary or prudent for the operation of its Air Transportation Business, subject to the provisions of Section 9.019.04. N. AIRLINE shall have the right to ingress to and egress from the Airport and Airline Premises for AIRLINE’s officers, employees, agents, and invitees, including passengers, suppliers of materials, furnishers of services, aircraft, equipment, vehicles, machinery and other property. Such right shall be subject to 49 CFR Part 1542, applicable laws, and the AUTHORITY’s right in accordance with its applicable law to establish reasonable and nondiscriminatory Rules and Regulations and Operating Directives as set out in Section 18.08 governing (i) the general public, including AIRLINE’s passengers, and, (ii) access to non-public areas at the Airport by AIRLINE’s employees, suppliers of materials, and furnishers of services; provided, however, any such Rules and Regulations and Operating Directives of AUTHORITY shall not unreasonably interfere with the operation of AIRLINE’s Air Transportation Business. AUTHORITY may at any time temporarily or permanently close, re-route, or consent to or request the closing or re-routing of any roadway or access to the Airport, so long as a means of ingress and egress reasonably equivalent is concurrently made available to AIRLINE. AIRLINE hereby releases and discharges AUTHORITY from any and all claims, demands, or causes of action which AIRLINE may now or at any time hereafter have arising or alleged to arise out of such a closing or re-routing. O. Nothing Subject to any restrictions in AUTHORITY’s agreement with its food and beverage concessionaire, nothing in this paragraph shall prohibit AIRLINE from (i) providing food and beverages, at AIRLINE's sole cost and expense, or installing or maintaining vending machines in its non-public Exclusive Use Premises for the sole use of AIRLINE's employees, the type, kind, and locations subject to the prior written approval of the Executive Director and (ii) providing under a separate agreement with AUTHORITY for its own flight kitchen for catering services to its passengers and crews for consumption aboard aircraft or (iii) from entering into a separate agreement for the sale of food and beverage in a "VIP room" or similar private club at the Airport. P. The rights and privileges granted to AIRLINE pursuant to this Article 5 may be exercised on behalf of AIRLINE by other Signatory Airlines or contractors authorized by AUTHORITY to provide such services at the Airport, subject to the prior written approval of AUTHORITY and further subject to all laws, rules, regulations, fees and charges and Article 7 and Article 15 as may be applicable to the activities undertaken. Q. AIRLINE may exercise on behalf of any other Air Transportation Company having an operating agreement or permit with AUTHORITY any of the rights granted AIRLINE herein, so long as AIRLINE is concurrently exercising those same rights in the operation of AIRLINE's own Air Transportation Business at the Airport, subject to the provisions of Article 7Section 7.05, Article 15, 15 and other provisions of this AgreementAgreement with respect to Hillsborough County Aviation Authority Rules and Regulations and Operating Directives for Tampa International Airport. R. AIRLINE may only enter into agreements providing for pay telephones by the public in its airline clubs and VIP rooms, and shall not enter into any agreements providing for pay telephones for the public anywhere else within the Terminal Complex.

Appears in 1 contract

Samples: Airline Airport Use and Lease Agreement

AIRLINE Rights and Privileges. In addition to all rights granted elsewhere in this Agreement, AIRLINE shall have the right to use, in common with others so authorized by AUTHORITY, areas, other than areas leased exclusively or preferentially to others, facilities, equipment, and improvements at the Airport for the operation of AIRLINE's Air Transportation Business and all activities reasonably necessary to such operations, including but not limited to: A. The landing, taking off, flying over, taxiing, towing, and conditioning of AIRLINE's aircraft and, in areas designated by AUTHORITY, the extended parking, servicing, deicing, loading or unloading, storage, or maintenance of AIRLINE's aircraft and support equipment subject to Paragraphs 5.01F, 5.01G, and 5.02C, and to the availability of space, and subject to such reasonable charges and regulations as AUTHORITY may establish; provided, however, AIRLINE shall not permit the use of the Airfield by any aircraft operated or controlled by AIRLINE which exceeds the design strength or capability of the Airfield as described in the then-current FAA-approved Airport Layout Plan (ALP) or other engineering evaluations performed subsequent to the then-current ALP, including the then-current Airport Certification Manual. B. The sale of air transportation tickets and services, the processing of passengers and their baggage for air travel, the sale, handling, and providing of mail, freight, and express services, and reasonable and customary airline activities. C. The training of personnel in the employ of or to be employed by AIRLINE and the testing of aircraft and other equipment being utilized at the Airport in the operation of AIRLINE's Air Transportation Business; provided, however, said training and testing shall be incidental to the use of the Airport in the operation by AIRLINE of its Air Transportation Business and shall not unreasonably hamper or interfere with the use of the Airport and its facilities by others entitled to the use of same. AUTHORITY reserves the right to restrict or prohibit such training and testing operations which it deems to interfere with the use of the Airport, including excessive noise as reasonably determined by AUTHORITY. D. The sale, disposition, or exchange of AIRLINE's aircraft, engines, accessories, gasoline, oil, grease, lubricants, fuel, or other similar equipment or supplies; provided, however, AIRLINE shall not sell or permit to be sold aviation fuels or propellants except (i) to such Air Transportation Company which is a successor company to AIRLINE, (ii) for use in aircraft of others which are being used solely in the operation of AIRLINE's Air Transportation Business, including, but not limited to, AIRLINE's code sharing partner(s), or (iii) when a comparable grade and type of fuel desired by others is not available at the Airport except from AIRLINE. E. The purchase at the Airport or elsewhere, of fuels, lubricants, and any other supplies and services, from any person or company, subject to Paragraph 5.01D and to AUTHORITY's right to require that each provider of services and/or supplies to AIRLINE secures a permit from AUTHORITY to conduct such activity at the Airport, pays required applicable service-oriented fees, and abides by all reasonable rules rules, regulations, and regulations policies established by AUTHORITY. No discriminatory limitations or restrictions shall be imposed by AUTHORITY that interfere with such purchases; provided, however, nothing herein shall be construed to permit AIRLINE to store aviation fuels at the Airport. Fuel tenders are prohibited on Terminal Aircraft Aprons serviced by the fuel hydrant system except by separate authorization of AUTHORITY. The granting of the right to store aviation fuels shall be subject to the execution of a separate agreement between AIRLINE and AUTHORITY. F. The servicing by AIRLINE or its suppliers of aircraft and other equipment being utilized at the Airport by AIRLINE on the Terminal Aircraft Aprons or such other locations as may be designated by the Chief Executive DirectorOfficer. G. The loading and unloading of persons, property, cargo, parcels and mail by motor vehicles or other means of conveyance reasonably approved by AUTHORITY on or at Terminal Aircraft Aprons or such other locations as may be designated by the Chief Executive DirectorOfficer; provided AIRLINE shall not use Terminal Aircraft Aprons immediately adjacent to the passenger terminal Terminal Complex to load or unload all-cargo aircraft unless otherwise authorized in writing by AUTHORITY. H. The provision, either alone or in conjunction with other Air Transportation Companies or through a nominee, of xxxxxx/skycap service for the convenience of the public, at no cost to AUTHORITY. I. The installation and maintenance, at AIRLINE's sole cost and expense, of identifying signs in AIRLINE's Exclusive Preferential Use Premises. Installation shall be subject to the prior written approval of the Chief Executive Director Officer and shall comply with the procedures in the AUTHORITY’s Leasehold Development StandardsTenant Work Permit Program. The general type and design of such signs shall be compatible with and not detract from the pattern and decor of the Terminal Complex areas. Nothing herein shall be deemed to prohibit AIRLINE's installation on the walls behind ticket counters, inside baggage service offices, counters and ticket lift counters in holdrooms and on the exterior of loading bridges associated with preferentially assigned passenger boarding gatesbridges, of if any, identifying and company logo signs as are customarily installed by AIRLINE in such areas at comparable airport facilities, subject to the prior written approval of AUTHORITY. However, AIRLINE shall not install any promotional displays or advertising displays in its Airline Premises unless authorized in writing, in advance, by the AUTHORITY. J. The installation, maintenance, and operation, at no cost to AUTHORITY, of such radio communication, company telephone system, computer, meteorological and aerial navigation equipment, and facilities on AIRLINE's Exclusive Use Premises and Preferential Use Premises as may be necessary or convenient for the operation of its Air Transportation Business; provided, however, that except for equipment and facilities already in place, such installations shall be subject to the prior written approval of the Chief Executive DirectorOfficer. Prior to any written approval, AIRLINE shall provide the Chief Executive Director Officer with all necessary supporting documentation related to such installations. Should AUTHORITY install AIRLINE recognizes that AUTHORITY has installed airline-compatible multiuser flight information display systems and systems, AIRLINE shall diligently proceed to use such systems. K. The use of designated airline cable trays, raceways, and Such rights of way as may reasonably be required by AIRLINE for communications, computer equipment, teletype, telephone, interphone, conveyor systems and power, and other transmission lines in areas exclusively and preferentially-leased by AIRLINE, subject to the availability of space and/or ground areas as determined by the Chief Executive DirectorOfficer. AUTHORITY reserves the right to require the execution of a separate agreement between AUTHORITY and AIRLINE for the lease and use of such space and/or ground area outside Terminal Complex areas or to provide such service directly to AIRLINE. L. The installation of personal property, including furniture, furnishings, supplies, machinery, and equipment, in AIRLINE's Exclusive Use Premises and Preferential Use Premises, as AIRLINE may deem necessary, useful or prudent for the operation of its Air Transportation Business. Title to such personal property shall remain with AIRLINE, subject to the provisions of this Agreement. M. The construction of modifications, finishes, and improvements in Airline Premises as AIRLINE may deem necessary or prudent for the operation of its Air Transportation Business, subject to the provisions of Section 9.019.04. N. AIRLINE shall have the right to ingress to and egress from the Airport and Airline Premises for AIRLINE’s officers, employees, agents, and invitees, including passengers, suppliers of materials, furnishers of services, aircraft, equipment, vehicles, machinery and other property. Such right shall be subject to 49 CFR Part 1542, applicable laws, and the AUTHORITY’s right in accordance with its applicable law to establish reasonable and nondiscriminatory Rules and Regulations Regulations, Policies, and Operating Directives as set out in Section 18.08 governing (i) the general public, including AIRLINE’s passengers, and, (ii) access to non-public areas at the Airport by AIRLINE’s employees, suppliers of materials, and furnishers of services; provided, however, any such Rules and Regulations Regulations, Policies, and Operating Directives of AUTHORITY shall not unreasonably interfere with the operation of AIRLINE’s Air Transportation Business. AUTHORITY may at any time temporarily or permanently close, re-route, or consent to or request the closing or re-routing of any roadway or access to the Airport, so long as a means of ingress and egress reasonably equivalent is concurrently made available to AIRLINE. AIRLINE hereby releases and discharges AUTHORITY from any and all claims, demands, or causes of action which AIRLINE may now or at any time hereafter have arising or alleged to arise out of such a closing or re-routing. O. Nothing Subject to any restrictions in AUTHORITY’s agreement with its food and beverage concessionaire, nothing in this paragraph shall prohibit AIRLINE from (i) providing food and beverages, at AIRLINE's sole cost and expense, or installing or maintaining vending machines in its non-public Exclusive Use Premises for the sole use of AIRLINE's employees, the type, kind, and locations subject to the prior written approval of the Chief Executive Director Officer and (ii) providing under a separate agreement with AUTHORITY for its own flight kitchen for catering services to its passengers and crews for consumption aboard aircraft or (iii) from entering into a separate agreement for the sale of food and beverage in a "VIP room" or similar private club at the Airport. P. The rights and privileges granted to AIRLINE pursuant to this Article 5 may be exercised on behalf of AIRLINE by other Signatory Airlines or contractors authorized by AUTHORITY to provide such services at the Airport, subject to the prior written approval of AUTHORITY and further subject to all laws, rules, regulations, fees and charges and Article 7 and Article 15 as may be applicable to the activities undertaken. Q. AIRLINE may exercise on behalf of any other Air Transportation Company having an operating agreement or permit with AUTHORITY any of the rights granted AIRLINE herein, so long as AIRLINE is concurrently exercising those same rights in the operation of AIRLINE's own Air Transportation Business at the Airport, subject to the provisions of Article 7Section 7.05, Article 15, 15 and other provisions of this AgreementAgreement with respect to Hillsborough County Aviation Authority Rules and Regulations, Policies, and Operating Directives for Tampa International Airport. R. AIRLINE may only enter into agreements providing for pay telephones by the public in its airline clubs and VIP rooms, and shall not enter into any agreements providing for pay telephones for the public anywhere else within the Terminal Complex.

Appears in 1 contract

Samples: Airline Use and Lease Agreement

AIRLINE Rights and Privileges. In addition to all rights granted elsewhere in this Agreement, AIRLINE shall have the right to use, in common with others so authorized by the AUTHORITY, areas, other than areas leased preferentially or exclusively or preferentially to others, or otherwise reserved for the exclusive use of the AUTHORITY, facilities, equipment, equipment and improvements at the Airport for the operation of AIRLINE's ’s Air Transportation Business and all activities reasonably necessary to such operations, including but not limited to: A. The landing, taking off, flying over, taxiing, towing, and conditioning of AIRLINE's ’s aircraft and, in areas designated by AUTHORITY, the extended parking, servicing, deicing, loading or unloading, storage, storage or maintenance of AIRLINE's ’s aircraft and support equipment subject to Paragraphs 5.01FSections 5.1F, 5.015.1G, and 5.02C, 5.4C and subject to the availability of spacespace and such charges as are set forth herein, and or as may be imposed by AUTHORITY for areas not included in the Airline Premises. Such rights shall also be subject to such reasonable charges and regulations as AUTHORITY may establish; provided, however, . AIRLINE shall not use or permit the use of the Airfield by any aircraft operated or controlled by AIRLINE which exceeds the design strength or capability of the Airfield as described in the then-then current FAA-approved Airport Layout Plan (ALP) or other engineering evaluations performed subsequent to the then-then current ALP, including the then-then current Airport Certification Manual. B. The sale of air transportation tickets and services, the processing of passengers and their baggage for air travel, and the sale, handling, and providing of mail, freight, freight and express services, and reasonable and customary airline activities. C. The training of personnel in the employ of or to be employed by AIRLINE and the testing of aircraft and other equipment being utilized at the Airport in the operation of AIRLINE's ’s Air Transportation Business; provided, however, said training and testing shall be incidental to the use of the Airport in the operation by AIRLINE of its Air Transportation Business and shall not unreasonably hamper or interfere with the use of the Airport and its facilities by others entitled to the use of same. AUTHORITY reserves the right to restrict or prohibit such training and testing operations which if it deems to that such training and testing operations interfere with the use of the Airport, including excessive noise as reasonably determined by AUTHORITY. D. The sale, disposition, disposition or exchange of AIRLINE's ’s aircraft, engines, accessories, gasoline, oil, grease, lubricants, fuel, fuel or other similar equipment or supplies; provided, however, AIRLINE shall not sell or permit to be sold aviation fuels or propellants except (i) to such Air Transportation Company which is a successor company to AIRLINE, ; (ii) for use in aircraft of others which are being used solely in the operation of AIRLINE's ’s Air Transportation Business, including, but not limited to, AIRLINE's code sharing partner(s’s Affiliate(s), ; or (iii) when a comparable grade and type of fuel desired by others is not available at the Airport except from AIRLINE. E. The purchase at the Airport or elsewhere, of fuels, lubricants, lubricants and any other supplies and services, from any person or company, subject to Paragraph 5.01D (i) Section 5.1D and to (ii) AUTHORITY's ’s right to require that each provider of services and/or supplies to AIRLINE secures a permit from AUTHORITY to conduct such activity at the Airport, pays required fees, and abides by all reasonable rules and regulations established by AUTHORITY. No discriminatory limitations or restrictions shall be imposed by AUTHORITY that interfere with such purchases; provided, however, nothing herein shall be construed to permit AIRLINE to store aviation fuels or deicing products at the Airport. Fuel tenders are prohibited on Terminal Aircraft Aprons serviced by the fuel hydrant system except by separate authorization of AUTHORITY. The granting of the right to store aviation fuels or deicing products shall be subject to the execution of a separate agreement between AIRLINE and AUTHORITY. F. The servicing by AIRLINE or its suppliers of aircraft and other equipment being utilized at the Airport by AIRLINE on AIRLINE’s Aircraft Aprons, fixed- base operator leased premises, or such other locations as may be designated by the Terminal CEO. G. The loading and unloading of persons, property and mail by motor vehicles or other means of conveyance approved by AUTHORITY on AIRLINE’s Aircraft Aprons or such other locations as may be designated by the Executive Director. G. The loading and unloading of personsCEO; provided, propertyhowever, cargo, parcels and mail by motor vehicles or other means of conveyance reasonably approved by AUTHORITY on or at Terminal Aircraft Aprons or such other locations as may be designated by the Executive Director; provided AIRLINE shall not use Terminal Aircraft Aprons immediately adjacent to the passenger terminal to load or unload allany cargo-cargo aircraft unless otherwise authorized in writing by AUTHORITYonly aircraft. H. The provision, either alone or in conjunction with other Scheduled Air Transportation Companies Carriers or through a nominee, of xxxxxx/skycap service for the convenience of the public, and passenger screening devices required pursuant to 49 CFR Part 1544, at no cost to AUTHORITY. I. The installation and maintenance, at AIRLINE's ’s sole cost and expense, of identifying signs in AIRLINE's Exclusive ’s Preferential Use Premises. Installation shall be Premises subject to the prior written approval of the Executive Director and CEO, which approval shall comply with the procedures in the AUTHORITY’s Leasehold Development Standardsnot be unreasonably withheld, delayed or conditioned. The general type and design of such signs shall be compatible harmonious and in keeping with and not detract from the pattern and decor of the Terminal areas. Nothing herein shall be deemed to prohibit AIRLINE's ’s installation on the walls behind ticket counters, inside baggage service officescheck in counters, and ticket lift counters in holdrooms, and on the exterior of AIRLINE’s skycap podiums and loading bridges associated with preferentially assigned passenger boarding gatesbridges, of identifying and company logo signs as are customarily installed by AIRLINE in such areas at comparable airport facilities, subject to the prior written approval of AUTHORITY. However, AIRLINE shall not install any promotional displays or advertising displays in its Airline Premises unless authorized in writing, in advance, by the AUTHORITY. J. The installation, maintenance, maintenance and operation, at no cost to AUTHORITY, of such radio communication, company telephone system, computer, meteorological and aerial navigation equipment, equipment and facilities on AIRLINE's Exclusive Use Premises and ’s Preferential Use Premises as may be necessary or convenient for the operation of its Air Transportation Business; provided, however, that except for equipment the locations and facilities already in place, manner of such installations and operations shall be subject to the prior written approval of the Executive DirectorCEO. Prior to The installation, maintenance and operation of any type of wireless communication system by AIRLINE on all or any portion of the Airline Premises shall not be permitted unless AIRLINE has obtained the prior written approvalapproval of the CEO, AIRLINE which shall provide not be unreasonably withheld or delayed provided that such wireless communication system shall not interfere in any way with AUTHORITY’s communication systems or any other communication systems then in operation at the Executive Director with all necessary supporting documentation related to such installations. AIRLINE recognizes that AUTHORITY has installed airline-compatible multiuser flight information display systems and AIRLINE shall diligently proceed to use such systemsAirport. K. The use of designated airline cable trays, raceways, and Such rights of way as may reasonably be required by AIRLINE for communicationsthe radio communication, computer equipmentcomputer, teletypemeteorological and aerial navigation equipment and facilities allowed under Section 5.1J, telephone, interphone, conveyor systems such rights of way to be located in and power, between Airline Premises and other transmission lines in areas exclusively and preferentially-leased by AIRLINEthe Terminal, subject to the availability of space and/or ground areas as may be determined by with the Executive Directorprior written approval of the CEO. AUTHORITY reserves the right to require the execution of a separate agreement between AUTHORITY and AIRLINE for the lease and use of such space and/or ground area outside Terminal areas or to provide such service directly to AIRLINEareas. L. The installation of personal property, including furniture, furnishings, supplies, machinery, machinery and equipment, in AIRLINE's Exclusive ’s Preferential Use Premises and Preferential Use Premises, as AIRLINE may deem necessary, useful necessary or prudent for the operation of its Air Transportation Business. Title to such personal property shall remain with AIRLINE, subject to the provisions of this Agreement. The provisions of this Section 5.1L shall not be construed to limit the AUTHORITY’s right to approve the style and location of any Ticket Kiosks or check-in counters (including Ticket Counter Bays) to be installed by AIRLINE either in the Terminal or on the curb in front of the Terminal pursuant to this Agreement. M. The In connection with exercising its rights under Section 5.1L and otherwise in accordance with Section 9.4, the construction of modifications, finishes, finishes and improvements in Airline AIRLINE’s Preferential Use Premises as AIRLINE may deem necessary or prudent for the operation of its Air Transportation Business, subject to the provisions prior written approval of Section 9.01the CEO. N. AIRLINE shall have Subject to all security measures as may be implemented from time to time at the right to Airport, ingress to and egress from the Airport and Airline Premises for AIRLINE’s officers, employees, agents, agents and invitees, including passengers, customers, suppliers of materials, furnishers providers of services, aircraft, equipment, vehicles, machinery and other property. Such right shall be subject to 49 CFR Part 1542, applicable laws, laws and the AUTHORITY’s right in accordance with its applicable law to establish reasonable rules and nondiscriminatory Rules and Regulations and Operating Directives as set out in Section 18.08 regulations governing (i) the general public, including AIRLINE’s passengers, and, (ii) access to non-public areas at the Airport by AIRLINE’s employees, suppliers of materials, materials and furnishers providers of services; provided, however, any such Rules rules and Regulations and Operating Directives regulations of AUTHORITY shall not unreasonably interfere with the operation of AIRLINE’s Air Transportation Business. Further, AUTHORITY may at any time reserves the right to temporarily or permanently close, re-route, or consent to or request restrict the closing or re-routing use of any roadway or access to other area at the Airport. In the event of such restrictions, so long as upon reasonable notice and if necessary, AUTHORITY shall ensure the availability of a reasonably equivalent means of ingress and egress reasonably equivalent is concurrently made available to AIRLINE. AIRLINE hereby releases and discharges AUTHORITY from any and all claims, demands, or causes of action which AIRLINE may now or at any time hereafter have arising or alleged to arise out of such a closing or re-routingegress. O. The provision of complimentary food and beverages, at AIRLINE’s sole cost and expense, to AIRLINE’s passengers in AIRLINE’s Preferential Use Premises. Except as may be provided in a separate agreement, AIRLINE shall not maintain or operate in the Terminal or elsewhere at the Airport a cafeteria, restaurant, bar or cocktail lounge for the purpose of selling food and beverages to the public or to AIRLINE’s employees and passengers. Nothing in this paragraph Section 5.1O shall prohibit AIRLINE from (i) providing food and beverages, at AIRLINE's sole cost and expense, or installing or maintaining vending machines in its non-public Exclusive Preferential Use Premises for the sole use of AIRLINE's ’s employees, the type, kind, kind and locations subject to the prior written approval of the Executive Director and CEO; (ii) providing under a separate agreement with AUTHORITY for its own in-flight kitchen for catering services to its passengers and crews crews, or to those of its Affiliates, for consumption aboard aircraft or aircraft; or, (iii) from entering into a separate agreement with AUTHORITY for the sale of food and beverage in a "VIP room" or similar private club at the Airport. P. The rights and privileges granted to AIRLINE pursuant to this Article 5 may be exercised on behalf of AIRLINE by other Signatory Airlines or contractors authorized by AUTHORITY to provide such services at the Airport, subject to the prior written approval of AUTHORITY, and further subject to all laws, rules, regulations, regulations and fees and charges and Article 7 and Article 15 as may be applicable to the activities undertaken. Q. Subject to the provisions of Article 17 and subject to the prior written approval of the AUTHORITY, AIRLINE may exercise may, on behalf of its Affiliates or any other Air Transportation Company having an operating agreement or permit with AUTHORITY Company, exercise any of the rights granted AIRLINE herein, so long as AIRLINE is not in default of this Agreement and is concurrently exercising those same rights in the operation of AIRLINE's ’s own Air Transportation Business at the Airport, . This right is also subject to the provisions of Article 7, Article 15, and other provisions of this AgreementAgreement with respect to AUTHORITY rules and regulations and the payment of any fees and charges for such activities.

Appears in 1 contract

Samples: Airline Use and Lease Agreement

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