Aviation Easement. Lessee acknowledges that its right to use the Leased Premises shall be secondary and subordinate to the operation of the Airport. Lessor reserves a right of flight for the passage of aircraft in the airspace above the Leased Premises together with the right to cause noise inherent in the operation of aircraft. Lessee shall not take any action or construct any improvements that interfere with the navigational aids of flight operations of the Airport.
Aviation Easement. Xxxxxx's right to use the Premises for the purposes set forth in this Lease shall be secondary and subordinate to operation of the airport. Lessor specifically reserves for itself, other Xxxxxxx Field leaseholders, and for the public, an easement for the passage of aircraft in the air space above the surface of the Premises together with the right to cause in said air space or on adjacent property such noise as may be inherent in the present or future operation of aircraft. Without limiting Lessor's rights under Section 3.12, Lessee shall not construct any building or facility to a height which, in Lessor's sole discretion, interferes with the operations of the airport.
Aviation Easement. The University reserves for itself, and its licensees, an avigation easement in, over and across the air space above the Leased Premises and the unrestricted right to subject the Leased Premises to such Airport noise and vibration as may result from the flight of aircraft, warm up of engines, testing of engines or motors and other aviation related activities. University reserves the right to take such action as may be necessary to protect the aerial approaches of the Airport against obstruction in accordance with 14 C.F.R. Part 77 and other applicable standards or Governmental Requirements, together with the right to prevent Tenant or any other person from erecting or permitting to be erected any antenna, equipment, building or other facility or structure on the Airport, which would conflict with such standards and Governmental Requirements. TENANT SHALL WAIVE, REMISE AND RELEASE ANY RIGHT OR CAUSE OF ACTION WHICH TENANT MAY NOW HAVE OR MAY HAVE IN THE FUTURE AGAINST UNIVERSITY ON ACCOUNT OF OR ARISING OUT OF NOISE, VIBRATIONS, FUMES, DUST, FUEL, PARTICLES AND OTHER EFFECTS THAT MAY BE CAUSED OR MAY HAVE BEEN CAUSED BY THE OPERATION OF AIRCRAFT LANDING AT OR TAKING OFF FROM OR OPERATING AT OR ON THE AIRPORT OR IN AND NEAR THE AIRSPACE ABOVE THE LEASED PREMISES. Tenant shall (a) not allow any tree or other vegetation to remain on the Leased Premises which encroaches upon or extends into the prohibited airspace or rights-of-way of the Airport; (b) use, permit or suffer the use of the Leased Premises is such a manner as to create electrical interferences with radio communication to or from any aircraft or between any airport installation and any aircraft, or as to make it difficult for aircraft pilots to distinguish between airport lights or as to impair visibility in the vicinity of the Airport, or to otherwise endanger the landing, taking off or maneuvering of aircraft; (c) not permit the construction of any facility or improvement which attracts or results in the concentration of birds which would interfere with the safe operation of aircraft in the airspace above the Leased Premises and at the Airport; and (d)not cause or permit any change in authorized land use hereunder that will reduce the compatibility of the noise compatibility program measures upon which Federal funds have been expended.
Aviation Easement. Tenant acknowledges that its rights to use the property shall be secondary and subordinate to the operation of the Airport. City reserves a right of flight for the passage of aircraft in the airspace above the Premises together with the right to cause noise inherent in the operation of aircraft. Tenant shall not take any action or construct any improvements that interfere with the navigational aids of flight operations of the Airport.
Aviation Easement. There is reserved to the City, its successors and assigns for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the Site. This public right of flight includes the right to cause in the airspace any noise inherent in the operation of any aircraft used for navigation or flight through the airspace or landing at, taking off from, or operation on the Airport. Manager by accepting this Agreement agrees for itself, its Subtenants, its successors, and assigns that it will not make use of the Site in any manner that might interfere with the landing and taking off of aircraft from Airport or otherwise constitute a hazard. If the covenants contained herein are breached, the City reserves the right to enter upon the Site and cause the abatement of the interference at the expense of Manager.
Aviation Easement. 10.10.1 Tenant’s right to use property for the purposes as set forth in this Lease shall be secondary to and subordinate to the operation of the Airport. Landlord reserves for itself, and for the public, a right of flight for the passage of aircraft in the airspace above the surface of the described property together with the right to cause noise inherent in the operation of aircraft.
