Common use of Airport Security Clause in Contracts

Airport Security. (A) This Agreement is expressly subject to the airport security requirements of Title 49 of the United States Code, Chapter 449, as amended (“Airport Security Act”), the provisions of which govern airport security and are incorporated by reference, including without limitation the rules and regulations promulgated under it. Licensee is subject to, and further must conduct with respect to its Subcontractors and the respective employees of each, such employment investigations, including criminal history record checks, as the Commissioner, the TSA or the FAA may deem necessary. Further, in the event of any threat to civil aviation, Licensee must promptly report any information in accordance with those regulations promulgated by the FAA, the TSA and the City. Licensee must, notwithstanding anything contained in this Agreement to the contrary, at no additional cost to the City, perform under this Agreement in compliance with those guidelines developed by the City, the TSA and the FAA with the objective of maximum security enhancement. The drawings, plans, and specifications provided by Licensee under this Agreement must comply with those guidelines for airport security developed by the City, the TSA and the FAA and in effect at the time of their submission. (B) Licensee must comply with, and require compliance by its Subcontractors, with all present and future laws, rules, regulations, or ordinances promulgated by the City, the TSA or the FAA, or other governmental agencies to protect the security and integrity of the Airport, and to protect against access by unauthorized persons. Subject to the approval of the TSA, the FAA and the Commissioner, Licensee must adopt procedures to control and limit access to the Airport and the Licensed Premises by Licensee and its Subcontractors in accordance with all present and future City, TSA and FAA laws, rules, regulations, and ordinances. At all times during the Term, Licensee must have in place and in operation a security program for the Licensed Premises that complies with all applicable laws and regulations. All employees of Licensee that require regular access to sterile or secure areas of the Airports must be badged in accordance with City and TSA rules and regulations. (C) Gates and doors located on the Licensed Premises that permit entry into sterile or secured areas at the Airports, if any, must be kept locked by Licensee at all times when not in use or under Licensee’s constant security surveillance. Gate or door malfunctions must be reported to the Commissioner or the Commissioner’s designee without delay and must be kept under constant surveillance by Licensee until the malfunction is remedied. (D) In connection with the implementation of its security program, Licensee may receive, gain access to or otherwise obtain certain knowledge and information related to the City’s overall Airport security program. Licensee acknowledges that all such knowledge and information is of a highly confidential nature. Licensee covenants that no person will be permitted to gain access to such knowledge and information, unless the person has been approved by the City or the Commissioner in advance in writing. Licensee further must indemnify, hold harmless and defend the City and other users of the Airport from and against any and all claims, reasonable costs, reasonable expenses, damages and liabilities, including all reasonable attorney’s fees and costs, resulting directly or indirectly from the breach of Licensee’s covenants and agreements as set forth in this section.

Airport Security. (A) A. This Agreement is expressly subject to the airport security requirements of Title 49 of the United States Code, Chapter 449, as amended (“"Airport Security Act”"), the provisions of which govern airport security and are incorporated by reference, including without limitation the rules and regulations promulgated under it. Licensee Tenant is subject to, and further must conduct with respect to its Subcontractors and the respective employees of each, such employment investigations, including criminal history record checks, as the Commissioner, the TSA or the FAA may deem necessary. Further, in the event of any threat to civil aviation, Licensee as defined in the Airport Security Act, Tenant must promptly report any information in accordance with those regulations promulgated by the FAAUnited States Department of Transportation, the TSA and by the City. Licensee Tenant must, notwithstanding anything contained in this Agreement to the contrary, at no additional cost to the City, perform under this Agreement in compliance with those guidelines developed by the City, the TSA and the FAA with the objective of maximum security enhancement. The drawings, plans, and specifications provided by Licensee Tenant under this Agreement must comply with those guidelines for airport security developed by the City, the TSA and the FAA and in effect at the time of their submission. (B) Licensee B. Further, Tenant must comply with, and require compliance by its Subcontractors, suppliers of materials and furnishers of services, employees, and business invitees, with all present and future laws, rules, regulations, or ordinances promulgated by the City, the TSA or the FAA, or other governmental agencies to protect the security and integrity of the Airport, and to protect against access by unauthorized persons. Subject to the approval of the TSA, the FAA and the Commissioner, Licensee Tenant must adopt procedures to control and limit access to the Airport and the Licensed Premises Leased Space by Licensee Tenant and its Subcontractors Subcontractors, suppliers of materials and furnishers of services, employees, and business invitees in accordance with all present and future City, TSA and FAA laws, rules, regulations, and ordinances. At all times during the Term, Licensee Tenant must have in place and in operation a security program for the Licensed Premises Leased Space that complies with all applicable laws and regulations. All employees of Licensee that require regular access to sterile or secure areas of the Airports must be badged in accordance with City and TSA rules and regulations. (C) Gates X. Xxxxx and doors located on the Licensed Premises Leased Space, if any, that permit entry into sterile or secured restricted areas at the Airports, if any, Airport must be kept locked by Licensee Tenant at all times when not in use or under Licensee’s Tenant's constant security surveillance. Gate or door malfunctions must be reported to the Commissioner or the Commissioner’s 's designee without delay and must be kept under constant surveillance by Licensee Tenant until the malfunction is remedied. (D) D. In connection with the implementation of its security program, Licensee Tenant may receive, gain access to or otherwise obtain certain knowledge and information related to the City’s 's overall Airport security program. Licensee Tenant acknowledges that all such knowledge and information is of a highly confidential nature. Licensee Tenant covenants that no person will be permitted to gain access to such knowledge and information, unless the person has been approved by the City or the Commissioner in advance in writing. Licensee Tenant further must indemnify, hold harmless and defend the City and other users of the Airport from and against any and all claims, reasonable costs, reasonable expenses, damages and liabilities, including all reasonable attorney’s 's fees and costs, resulting directly or indirectly from the breach of Licensee’s Tenant's covenants and agreements as set forth in this section. E. Tenant understands that fines and/or penalties may be assessed by the TSA or FAA for Tenant’s noncompliance with the provisions of 49 CFR Parts 1540 and 1542 entitled “Airport Security” or by other agencies for noncompliance with regulations applicable to Tenant’s operations. In the event the City shall be subject to any fine or penalty by reason of any violation at the Airport of any such rule, regulation or standard, the Commissioner may conduct an investigation and make a determination as to the identity of the party responsible for the violation. If it is determined by the Commissioner that Tenant, or any party for which Tenant is liable under this Agreement, is responsible for all or part of the fine or penalty, the Tenant shall pay said amount of the fine or penalty.

Airport Security. (A) This 23.1 To the extent Consultant will be responsible for work which necessitates entrance to the Air Operations Area or other secure area of the Airport, this Agreement is expressly subject to the airport security requirements of Title 49 of the United States Code, Chapter 449, as amended (“"Airport Security Act”"), the provisions of which govern airport security and are incorporated by reference, including without limitation the rules and regulations promulgated under it. Licensee Consultant is subject to, and further must conduct with respect to its Subcontractors and the respective employees of each, such employment investigations, including criminal history record checks, as the CommissionerAviation Director, the TSA Transportation Security Administration (“TSA”) or the FAA may deem necessary. Further, in the event of any threat to civil aviation, Licensee Consultant must promptly report any information in accordance with those regulations promulgated by the FAA, the TSA and the City. Licensee Consultant must, notwithstanding anything contained in this Agreement to the contrary, at no additional cost to the City, perform under this Agreement in compliance with those guidelines developed by the City, the TSA and the FAA with the objective of maximum security enhancement. The drawings, plans, and specifications provided by Licensee under this Agreement must comply with those guidelines for airport security developed by the City, the TSA and the FAA and in effect at the time of their submission. (B) Licensee 23.2 Consultant must comply with, and require compliance by its Subcontractors, with all present and future laws, rules, regulations, or ordinances promulgated by the City, the TSA or the FAA, or other governmental agencies to protect the security and integrity of the Airport, and to protect against access by unauthorized persons. Subject to the approval of the TSA, the FAA and the CommissionerAviation Director, Licensee Consultant must adopt procedures to control and limit access to the Airport and the Licensed Premises utilized by Licensee Consultant and its Subcontractors in accordance with all present and future City, TSA and FAA laws, rules, regulations, and ordinances. At all times during the Term, Licensee Consultant must have in place and in operation a security program for the Licensed Airport Premises utilized by Consultant that complies with all applicable laws and regulations. All employees of Licensee Consultant that require regular access to sterile or secure areas of the Airports Airport must be badged in accordance with City and TSA rules and regulations. (C) 23.3 Gates and doors located on in and around the Licensed Airport Premises utilized by Consultant that permit entry into sterile or secured areas at the Airports, if any, must be kept locked by Licensee Consultant at all times when not in use use, or under Licensee’s Consultant's constant security surveillance. Gate or door malfunctions must be reported to the Commissioner Aviation Director or the Commissioner’s Aviation Director's designee without delay and must be kept under constant surveillance by Licensee Consultant until the malfunction is remedied. (D) 23.4 In connection with the implementation of its security program, Licensee Consultant may receive, gain access to or otherwise obtain certain knowledge and information related to the City’s 's overall Airport security program. Licensee Consultant acknowledges that all such knowledge and information is of a highly confidential nature. Licensee Consultant covenants that no person will be permitted to gain access to such knowledge and information, unless the person has been approved by the City or the Commissioner Aviation Director in advance in writing. Licensee Consultant further must indemnify, hold harmless and defend the City and other users of the Airport from and against any and all claims, reasonable costs, reasonable expenses, damages and liabilities, including all reasonable attorney’s 's fees and costs, resulting directly or indirectly from the breach of Licensee’s 's covenants and agreements as set forth in this section.

Airport Security. (A) This Agreement is expressly subject to the airport security requirements of Title 49 of the United States Code, Chapter 449, as amended (“Airport Security Act”), the provisions of which govern airport security and are incorporated by referencesecurity, including without limitation the rules and regulations promulgated under it. Licensee Tenant is subject to, and further must conduct with respect to its Subcontractors Contractors and the respective employees of each, such employment investigations, including criminal history record checks, checks and security threat assessments as the Commissioner, the TSA or the FAA may deem necessary. Further, in the event of any threat to civil aviation, Licensee as defined in the Airport Security Act, Manager must promptly report any known information in accordance with those regulations promulgated by the FAAUnited States Department of Transportation, the TSA and by the City. Licensee Manager must, notwithstanding anything contained in this Agreement Lease to the contrary, at no additional cost to the City, perform under this Agreement in compliance with those guidelines developed by the City, the TSA and the FAA with the objective of maximum security enhancement. The drawings, plans, and specifications provided by Licensee Manager under this Agreement must comply with those guidelines for airport security developed by the City, the TSA and the FAA and in effect at the time of their submission. (B) Licensee must . Further, Manager shall comply with, and require compliance by its Subcontractorscontractors, suppliers of materials and furnishers of services and employees with all present and future laws, rules, regulations, or ordinances promulgated by the City, the TSA or the FAA, or other governmental agencies to protect the security and integrity of the Airport, and to protect against access by unauthorized persons. Subject to the approval of the TSA, the FAA and the Commissioner, Licensee must Manager shall adopt procedures to control and limit access to the Airport and the Licensed Premises Site by Licensee Manager and its Subcontractors contractors, suppliers of materials and furnishers of services, employees, in accordance with all present and future City, TSA and FAA laws, rules, regulations, and ordinances. At all times during the Term, Licensee Manager must have in place and in operation a security program for the Licensed Premises Site and the Hotels that complies with all applicable laws and regulations. All employees of Licensee that require regular access to sterile or secure areas of the Airports must be badged in accordance with City and TSA rules and regulations. (C) Gates and doors located on in the Licensed Premises Hotels, if any, that permit entry into sterile or secured restricted areas at the Airports, if any, Airport must be kept locked by Licensee Manager at all times when not in use or under Licensee’s constant security surveillanceuse. Gate or door malfunctions must be reported to the Commissioner or the Commissioner’s designee without delay and must be kept under constant surveillance by Licensee Manager until the malfunction is remedied. (D) . In connection with the implementation of its security program, Licensee Manager may receive, gain access to or otherwise obtain certain knowledge and information related to the City’s overall Airport security program. Licensee Manager acknowledges that all such knowledge and information is of a highly confidential nature. Licensee Manager covenants that no person will be permitted to gain access to such knowledge and information, unless the person has been approved by the City or the Commissioner in advance in writing. Licensee To the extent any of Manager’s employees require identification badges or security clearance for access at secured areas of the Airport, Manager shall be responsible at its expense for securing such badges or clearance. If at any time more than five percent (5%) of all issued unexpired badges for any non-public area are lost, stolen, or otherwise unaccounted for, and the Department is required to reissue badges for that non-public area per the TSA, the tenant shall be liable to the City for the cost of that reissuance. Manager further must indemnify, hold harmless and defend the City and other users of the Airport from and against any and all claims, reasonable costs, reasonable expenses, damages and liabilities, including all reasonable attorney’s fees and costs, resulting directly or indirectly from the breach of LicenseeManager’s covenants and agreements as set forth in this sectionSection.