Capital Improvements Exempt from Majority-In-Interest Review. 6.5.1 A Capital Improvement project that is not an Approved Project, meets the Majority-in-Interest Threshold and meets any one of the criteria set forth below, shall be exempt from Majority-in-Interest review (“Exempt Project”): (a) the Capital Improvement is required by a Federal or State agency of superior authority with jurisdiction over the Airport; (b) the Capital Improvement is of an emergency nature, which, if not made, would substantially impair the current operation of the Airport; (c) the Capital Improvement is required in order to make available additional terminal space or related facilities for the expansion of an Air Carrier or to make space or facilities available in a terminal to accommodate a new entrant or expanding Air Carrier; provided such Air Carrier enters into a binding commitment to lease the space so made available for at least the remaining Term and on the same terms as provided for the lease of comparable space under this Agreement, and provided, further, that existing space or facilities are not otherwise available to accommodate the Air Carrier under Articles 2, 3, 4 and 5 of this Agreement in a competitive, non-disruptive and otherwise satisfactory manner; (d) the Capital Improvement is to repair or replace Airport property damaged or destroyed by fire or other casualty; or (e) the Capital Improvement is made to settle claims or lawsuits, satisfy judgments or comply with judicial or administrative orders against the Port arising from or relating to its design, construction, ownership, maintenance or use of the Airport. 6.5.2 To the extent consistent with meeting Federal or State mandates or responding to Airport emergencies, the Port shall notify all Signatory Airlines, including Airline, in writing of any proposed Exempt Project under this Section 6.5, and shall provide Airline with an opportunity to comment upon the proposed Exempt Project.
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Samples: Signatory Lease and Operating Agreement, Signatory Lease and Operating Agreement, Signatory Lease and Operating Agreement
