Common use of Exclusions and Reservations Clause in Contracts

Exclusions and Reservations. A. Nothing in this Article will be construed as authorizing the Airline to conduct any business on the Airline Premises or elsewhere at the Airport separate and apart from the conduct of its permitted uses as authorized in this Agreement. B. The Airline will not interfere or permit interference with the use, operation, or maintenance of Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water, communications, fire protection, utility, electric, or other systems installed or located at the Airport. C. The rights and privileges granted to the Airline pursuant to this Article will be subject to the Authority Rules and Regulations, as they may be amended from time to time. D. The Airline will not do or permit to be done anything, either by act or failure to act, that will cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance of the Authority, or that will cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such act or failure to act on the part of the Airline will cause cancellation of any such policy, the Airline will immediately, upon notification by the Authority, take whatever steps or actions deemed necessary to cause reinstatement of said insurance. Furthermore, if the Airline does or permits to be done any act not expressly permitted under this Agreement, or fails to do any act required under this Agreement, regardless of whether such act constitutes a breach of this Agreement, that causes an increase in the Authority’s insurance premiums, the Airline will immediately remedy such actions and pay the increase in premiums, upon notice from the Authority to do so; but in any event, the Airline will hold the Authority harmless for any expenses and damage resulting from any action as set forth in this paragraph. E. Except as provided elsewhere in this Agreement, nothing in this Agreement will be construed as establishing exclusive rights, operational or otherwise, to the Airline. F. Any and all rights and privileges not specifically granted to the Airline for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to Authority. G. Other than those areas used for the purpose of egress and ingress, all operations will be conducted on the Airline Premises.

Appears in 14 contracts

Samples: Space Rental Agreement, Space Rental Agreement, Space Rental Agreement

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Exclusions and Reservations. A. Nothing in this Article will be construed as authorizing the Airline Company to conduct any business on the Airline Premises or elsewhere at the Airport separate and apart from the conduct of its permitted uses as authorized in this Agreementground handling business. B. The Airline Company will not knowingly interfere or permit interference with the use, operation, or maintenance of the Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water, communications, fire protection, utility, electricelectrical, or other systems installed or located from time to time at the Airport. C. The rights ; and privileges granted to the Airline pursuant to this Article Company will be subject to the Authority Rules not engage in any activity prohibited by Authority's approved FAR Part 150 Noise Compatibility Study and Regulations, Preferential Runway Use Program as they may be amended or supplemented from time to time. C. Company will be properly certified under appropriate federal, state and local regulations. Copies of such certificates will be furnished to Authority on demand. D. The Airline Company will not do or permit to be done anything, either by any act or failure to act, that will might cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance of for the AuthorityAirport, or that will cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such act or failure to act on the part of the Airline will cause cancellation of any such policy, the Airline will immediately, upon notification by the Authority, take whatever steps or actions deemed necessary to cause reinstatement of said insurance. Furthermore, if the Airline Company does or permits to be done any act not expressly permitted under this Agreement, or fails to do any act required under this Agreement, regardless of whether such act constitutes will constitute a breach of this Agreement, that which act or failure, in and of itself, causes an increase in the Authority’s insurance premiums, the Airline Company will immediately remedy such actions and and/or pay the increase in premiums, upon notice from the Authority to do so; but in any event, the Airline will hold the Authority harmless for any expenses and damage resulting from any action as set forth in this paragraph. E. Except Company will pay all applicable sales, use, intangible and ad valorem taxes, if any and of any kind, whether levied against Company or Authority. Company will also pay other taxes or assessments arising out of or assessed as provided elsewhere a result of the uses, rights and privileges granted Company hereunder. Company reserves the right to contest such taxes or assessments and withhold payment of such taxes and assessments upon written notice to Authority of its intent to do so, so long as the nonpayment of such taxes and assessments does not result in this Agreement, nothing in this Agreement will be construed as establishing exclusive rights, operational a lien against the Airport or otherwise, a direct liability on the part of Authority. Authority agrees to the Airlineimmediately forward to Company any notices of taxes and assessments due upon receipt of same. F. The uses, rights and privileges granted to Company pursuant to this Article will be subject to any and all reasonable and nondiscriminatory Rules, Regulations and Operating Directives established by Authority, as may be amended from time to time. G. This Agreement will not be construed to grant or authorize the granting of an exclusive right within the meaning of 49 USC 40103(e) or 49 USC 47107(a), as may be amended from time to time, and related regulations. H. Any and all rights and privileges not specifically granted to the Airline Company for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to Authority. G. Other than those areas used for the purpose of egress and ingress, all operations will be conducted on the Airline Premises.

Appears in 13 contracts

Samples: Operating Agreement, Operating Agreement, Operating Agreement

Exclusions and Reservations. A. Nothing in this Article will be construed as authorizing the Airline Company to conduct any business on the Airline Premises or elsewhere at the Airport separate and apart from the conduct of its permitted uses as authorized described in this AgreementArticle. B. The Airline Company will not interfere or permit interference with the use, operation, or maintenance of Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water, communications, fire protection, utility, electric, or other systems installed or located from time to time at the Airport. C. The rights and privileges granted to the Airline Company pursuant to this Article will be subject to the Authority Rules any and Regulationsall Rules, Regulations and Operating Directives established by Authority, as they may be amended from time to time. D. The Airline Company will not do or permit to be done anything, either by act or failure to act, that will cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance of the Authority, or that will cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such act or failure to act on the part of the Airline Company will cause cancellation of any such policy, the Airline Company will immediately, upon notification by the Authority, take whatever steps or actions deemed necessary to cause reinstatement of said insurance. Furthermore, if the Airline Company does or permits to be done any act not expressly permitted under this Agreement, or fails to do any act required under this Agreement, regardless of whether such act constitutes a breach of this Agreement, Agreement that causes an increase in the Authority’s insurance premiums, the Airline Company will immediately remedy such actions and pay the increase in premiums, upon notice from the Authority to do so; but in any event, the Airline Company will hold the Authority harmless for any expenses and damage resulting from any action as set forth in this paragraph. E. Except as provided elsewhere in this Agreement, nothing in this Agreement will be construed as establishing exclusive rights, operational or otherwise, to the AirlineCompany. F. Any and all rights and privileges not specifically granted to the Airline Company for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to Authority. G. Other than those areas used for the purpose of egress and ingress, all operations will be conducted on the Airline Premises.

Appears in 12 contracts

Samples: Space Rental Agreement, Use and Lease Agreement, Space Rental Agreement

Exclusions and Reservations. A. Nothing in this Article will be construed as authorizing the Airline Company to conduct any business on the Airline Company Premises or elsewhere at the Airport separate and apart from the conduct of its permitted uses as authorized in this Agreement. B. The Airline Company will not interfere or permit interference with the use, operation, or maintenance of Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water, communications, fire protection, utility, electric, or other systems installed or located at the Airport. C. The rights and privileges granted to the Airline Company pursuant to this Article will be subject to the Authority Rules and Regulations, as they may be amended from time to time.. SAMPLE D. The Airline Company will not do or permit to be done anything, either by act or failure to act, that will cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance of the Authority, or that will cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such act or failure to act on the part of the Airline Company will cause cancellation of any such policy, the Airline Company will immediately, upon notification by the Authority, take whatever steps or actions deemed necessary to cause reinstatement of said insurance. Furthermore, if the Airline Company does or permits to be done any act not expressly permitted under this Agreement, or fails to do any act required under this Agreement, regardless of whether such act constitutes a breach of this Agreement, that causes an increase in the Authority’s insurance premiums, the Airline Company will immediately remedy such actions and pay the increase in premiums, upon notice from the Authority to do so; but in any event, the Airline Company will hold the Authority harmless for any expenses and damage resulting from any action as set forth in this paragraph. E. Except as provided elsewhere in this Agreement, nothing in this Agreement will be construed as establishing exclusive rights, operational or otherwise, to the AirlineCompany. F. Any and all rights and privileges not specifically granted to the Airline Company for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to Authority. G. Other than those areas used for the purpose of egress and ingress, all operations will be conducted on the Airline Company Premises.

Appears in 8 contracts

Samples: Space Rental Agreement, Space Rental Agreement, Space Rental Agreement

Exclusions and Reservations. A. Nothing in this Article will be construed as authorizing the Airline Company to conduct any business on the Airline Premises or elsewhere at the Airport separate and apart from the conduct of its permitted uses ground handling business as authorized in this Agreement. B. The Airline Company will not interfere or permit interference with the use, operation, or maintenance of Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water, communications, fire protection, utility, electricelectrical, or other systems installed or located at the Airport; and Company will not engage in any activity prohibited by the Authority's approved FAR Part 150 Noise Compatibility Study and Preferential Runway Use Program as amended or supplemented. Company will be properly certified under appropriate Federal, State and local regulations. Copies of such certificates will be furnished to the Authority on demand. C. The rights and privileges granted to the Airline pursuant to this Article will be subject to the Authority Rules and Regulations, as they may be amended from time to time. D. The Airline Company will not do or permit to be done anything, either by act or failure to act, that will cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance of the Authority, Authority or that will cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such act or failure to act on the part of the Airline Company will cause cancellation of any such policy, the Airline Company will immediately, upon notification by the Authority, take whatever steps or actions deemed necessary to cause reinstatement of said insurance. Furthermore, if the Airline Company does or permits to be done any act not expressly permitted under this Agreement, or fails to do any act required under this Agreement, regardless of whether such act constitutes a breach of this Agreement, that causes an increase in the Authority’s insurance premiums, the Airline Company will immediately remedy such actions and pay the increase in premiums, upon notice from the Authority to do so; but in any event, the Airline Company will hold the Authority harmless for any expenses and damage resulting from any action as set forth in this paragraph. E. D. Except as provided elsewhere in this Agreement, nothing in this Agreement will be construed as establishing exclusive rights, operational or otherwise, to Company. Company will pay all applicable sales, use, intangible and ad valorem taxes, if any and of any kind, whether levied against Company or the AirlineAuthority. Company will pay other taxes or assessments arising out of or assessed as a result of the uses, rights and privileges granted Company hereunder. Company reserves the right to contest such taxes or assessments and withhold payment of such taxes and assessments upon written notice to the Authority of its intent to do so, so long as the nonpayment of such taxes and assessments does not result in a lien against the Airport or a direct liability on the part of the Authority. The Authority agrees to immediately forward to Company any notices of taxes and assessments due upon receipt of same. E. The uses, rights and privileges granted to Company pursuant to this Article will be subject to any and all reasonable and nondiscriminatory Authority Rules and Regulations, as may be amended from time to time. F. This Agreement will not be construed to grant or authorize the granting of an exclusive right within the meaning of 49 USC 40103(e) or 49 USC 47107(a), as may be amended from time to time, and related regulations. G. Any and all rights and privileges not specifically granted to the Airline Company for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to the Authority. G. Other than those areas used for the purpose of egress and ingress, all operations will be conducted on the Airline Premises.

Appears in 7 contracts

Samples: Operating Agreement, Operating Agreement, Operating Agreement

Exclusions and Reservations. A. Nothing in this Article will be construed as authorizing the Airline Company to conduct any business on the Airline Premises or elsewhere at the Airport separate and apart from the conduct of its permitted uses as authorized described in this AgreementArticle. B. The Airline Company will not interfere or permit interference with the use, operation, or maintenance of Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water, communications, fire protection, utility, electric, or other systems installed or located from time to time at the Airport. C. The rights and privileges granted to the Airline Company pursuant to this Article will be subject to the Authority any and all Rules and RegulationsRegulations and Operating Directives established by Authority, as they may be amended from time to time. D. The Airline Company will not do or permit to be done anything, either by act or failure to act, that will cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance of the Authority, or that will cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such act or failure to act on the part of the Airline Company will cause cancellation of any such policy, the Airline Company will immediately, upon notification by the Authority, take whatever steps or actions deemed necessary to cause reinstatement of said insurance. Furthermore, if the Airline Company does or permits to be done any act not expressly permitted under this Agreement, or fails to do any act required under this Agreement, regardless of whether such act constitutes a breach of this Agreement, Agreement that causes an increase in the Authority’s insurance premiums, the Airline Company will immediately remedy such actions and pay the increase in premiums, upon notice from the Authority to do so; but in any event, the Airline Company will hold the Authority harmless for any expenses and damage resulting from any action as set forth in this paragraph. E. Except as provided elsewhere in this Agreement, nothing in this Agreement will be construed as establishing exclusive rights, operational or otherwise, to the AirlineCompany. F. Any and all rights and privileges not specifically granted to the Airline Company for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to Authority. G. Other than those areas used for the purpose of egress and ingress, all operations will be conducted on the Airline Premises.

Appears in 7 contracts

Samples: Space Rental Agreement, Space Rental Agreement, Space Rental Agreement

Exclusions and Reservations. A. Nothing in this Article will be construed as authorizing the Airline Company to conduct any business on the Airline Company Premises or elsewhere at the Airport separate and apart from the conduct of its permitted uses as authorized in this Agreement. B. The Airline Company will not interfere or permit interference with the use, operation, or maintenance of Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water, communications, fire protection, utility, electric, or other systems installed or located at the Airport. C. The rights and privileges granted to the Airline Company pursuant to this Article will be subject to the Authority Rules and Regulations, as they may be amended from time to time. D. The Airline Company will not do or permit to be done anything, either by act or failure to act, that will cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance of the Authority, or that will cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such act or failure to act on the part of the Airline Company will cause cancellation of any such policy, the Airline Company will immediately, upon notification by the Authority, take whatever steps or actions deemed necessary to cause reinstatement of said insurance. Furthermore, if the Airline Company does or permits to be done any act not expressly permitted under this Agreement, or fails to do any act required under this Agreement, regardless of whether such act constitutes a breach of this Agreement, that causes an increase in the Authority’s insurance premiums, the Airline Company will immediately remedy such actions and pay the increase in premiums, upon notice from the Authority to do so; but in any event, the Airline Company will hold the Authority harmless for any expenses and damage resulting from any action as set forth in this paragraph. E. Except as provided elsewhere in this Agreement, nothing in this Agreement will be construed as establishing exclusive rights, operational or otherwise, to the AirlineCompany. F. Any and all rights and privileges not specifically granted to the Airline Company for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to Authority. G. Other than those areas used for the purpose of egress and ingress, all operations will be conducted on the Airline Company Premises.

Appears in 7 contracts

Samples: Space Rental Agreement, Use and Lease Agreement, Space Rental Agreement

Exclusions and Reservations. A. Nothing in this Article will be construed as authorizing the Airline Company to conduct any business on the Airline Premises or elsewhere at the Airport separate and apart from the conduct of its permitted uses as authorized in this Agreementair transportation business. B. The Airline Company will not knowingly interfere or permit interference with the use, operation, or maintenance of the Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water, communications, fire protection, utility, electricelectrical, or other systems installed or located from time to time at the Airport. C. The rights ; and privileges granted to the Airline pursuant to this Article Company will be subject to the Authority Rules not engage in any activity prohibited by Authority's approved FAR Part 150 Noise Compatibility Study and RegulationsPreferential Runway Use Program, as they may be amended or supplemented from time to time. C. Company will be properly certified under appropriate federal, state and local regulations. Copies of such certificates will be furnished to Authority upon request. D. The Airline As soon as possible after release from proper authorities, or if deemed necessary by Authority, Company will remove its disabled aircraft from the airfield or terminal aircraft aprons and place such aircraft in storage areas designated by Authority's Chief Executive Officer. Company will store such disabled aircraft only upon the terms and conditions reasonably established by Authority. In the event Company fails to remove a disabled aircraft as expeditiously as possible, Authority may, but will not be obligated to, cause the removal of such disabled aircraft and invoice Company for the costs incurred for such removal plus 10 percent. Nonpayment of such invoice will be deemed a default of this Agreement. E. Company will not do or permit to be done anything, either by any act or failure to act, that will might cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance of for the AuthorityAirport, or that will cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such act or failure to act on the part of the Airline will cause cancellation of any such policy, the Airline will immediately, upon notification by the Authority, take whatever steps or actions deemed necessary to cause reinstatement of said insurance. Furthermore, if the Airline Company does or permits to be done any act not expressly permitted under this Agreement, or fails to do any act required under this Agreement, regardless of whether such act constitutes will constitute a breach of this Agreement, that which act or failure, in and of itself, causes an increase in the Authority’s insurance premiums, the Airline Company will immediately remedy such actions and and/or pay the increase in premiums, upon notice from the Authority to do so; but in any event, the Airline will hold the Authority harmless for any expenses and damage resulting from any action as set forth in this paragraph. E. Except as provided elsewhere in this Agreement, nothing in this Agreement will be construed as establishing exclusive rights, operational or otherwise, to the Airline. F. Company will pay all applicable sales, use, intangible and ad valorem taxes, if any and of any kind, whether levied against Company or Authority. Company will also pay other taxes or assessments arising out of or assessed as a result of the uses, rights and privileges granted Company hereunder. Company reserves the right to contest such taxes or assessments and withhold payment of such taxes and/or assessments upon written notice to Authority of its intent to do so, so long as the nonpayment of such taxes and/or assessments does not result in a lien against the Airport or a direct liability on the part of Authority. Authority agrees to immediately forward to Company any notices of taxes and assessments due upon receipt of same. G. This Agreement will not be construed to grant or authorize the granting of an exclusive right within the meaning of 49 USC 40103(e) or 49 USC 47107(a), as may be amended from time to time, and related regulations. H. Any and all rights and privileges not specifically granted to the Airline Company for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to Authority. G. Other than those areas used for the purpose of egress and ingress, all operations will be conducted on the Airline Premises.

Appears in 7 contracts

Samples: Operating Agreement, Operating Agreement, Operating Agreement

Exclusions and Reservations. A. Nothing in this Article will be construed as authorizing the Airline to conduct any business on the Airline Premises or elsewhere at the Airport separate and apart from the conduct of its permitted uses as authorized in this Agreement. B. The Airline will not interfere or permit interference with the use, operation, or maintenance of Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water, communications, fire protection, utility, electric, or other systems installed or located at the Airport. C. The rights and privileges granted to the Airline pursuant to this Article will be subject to the Authority Rules and Regulations, as they may be amended from time to time.. SAMPLE D. The Airline will not do or permit to be done anything, either by act or failure to act, that will cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance of the Authority, or that will cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such act or failure to act on the part of the Airline will cause cancellation of any such policy, the Airline will immediately, upon notification by the Authority, take whatever steps or actions deemed necessary to cause reinstatement of said insurance. Furthermore, if the Airline does or permits to be done any act not expressly permitted under this Agreement, or fails to do any act required under this Agreement, regardless of whether such act constitutes a breach of this Agreement, that causes an increase in the Authority’s insurance premiums, the Airline will immediately remedy such actions and pay the increase in premiums, upon notice from the Authority to do so; but in any event, the Airline will hold the Authority harmless for any expenses and damage resulting from any action as set forth in this paragraph. E. Except as provided elsewhere in this Agreement, nothing in this Agreement will be construed as establishing exclusive rights, operational or otherwise, to the Airline. F. Any and all rights and privileges not specifically granted to the Airline for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to Authority. G. Other than those areas used for the purpose of egress and ingress, all operations will be conducted on the Airline Premises.

Appears in 6 contracts

Samples: Space Rental Agreement, Space Rental Agreement, Space Rental Agreement

Exclusions and Reservations. A. Nothing in this Article will be construed as authorizing the Airline Company to conduct any business on the Airline Premises or elsewhere at the Airport separate and apart from the conduct of its permitted uses ground handling business as authorized in this Agreement. B. The Airline Company will not interfere or permit interference with the use, operation, or maintenance of Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water, communications, fire protection, utility, electricelectrical, or other systems installed or located at the Airport; and Company will not engage in any activity prohibited by the Authority's approved FAR Part 150 Noise Compatibility Study and Preferential Runway Use Program as amended or supplemented. Company will be properly certified under appropriate Federal, State and local regulations. Copies of such certificates will be furnished to the Authority on demand. C. The rights and privileges granted to the Airline pursuant to this Article will be subject to the Authority Rules and Regulations, as they may be amended from time to time. D. The Airline Company will not do or permit to be done anything, either by act or failure to act, that will cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance of the Authority, Authority or that will cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such act or failure to act on the part of the Airline Company will cause cancellation of any such policy, the Airline Company will immediately, upon notification by the Authority, take whatever steps or actions deemed necessary to cause reinstatement of said insurance. Furthermore, if the Airline Company does or permits to be done any act not expressly permitted under this Agreement, or fails to do any act required under this Agreement, regardless of whether such act constitutes a breach of this Agreement, that causes an increase in the Authority’s insurance premiums, the Airline Company will immediately remedy such actions and pay the increase in premiums, upon notice from the Authority to do so; but in any event, the Airline Company will hold the Authority harmless for any expenses and damage resulting from any action as set forth in this paragraph.. SAMPLE E. D. Except as provided elsewhere in this Agreement, nothing in this Agreement will be construed as establishing exclusive rights, operational or otherwise, to Company. Company will pay all applicable sales, use, intangible and ad valorem taxes, if any and of any kind, whether levied against Company or the AirlineAuthority. Company will pay other taxes or assessments arising out of or assessed as a result of the uses, rights and privileges granted Company hereunder. Company reserves the right to contest such taxes or assessments and withhold payment of such taxes and assessments upon written notice to the Authority of its intent to do so, so long as the nonpayment of such taxes and assessments does not result in a lien against the Airport or a direct liability on the part of the Authority. The Authority agrees to immediately forward to Company any notices of taxes and assessments due upon receipt of same. E. The uses, rights and privileges granted to Company pursuant to this Article will be subject to any and all reasonable and nondiscriminatory Authority Rules and Regulations, as may be amended from time to time. F. This Agreement will not be construed to grant or authorize the granting of an exclusive right within the meaning of 49 USC 40103(e) or 49 USC 47107(a), as may be amended from time to time, and related regulations. G. Any and all rights and privileges not specifically granted to the Airline Company for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to the Authority. G. Other than those areas used for the purpose of egress and ingress, all operations will be conducted on the Airline Premises.

Appears in 4 contracts

Samples: Operating Agreement, Operating Agreement, Operating Agreement

Exclusions and Reservations. A. Nothing in this Article will be construed as authorizing the Airline Company to conduct any business on the Airline Premises or elsewhere at the Airport separate and apart from the conduct of its permitted uses as authorized in this Agreementair transportation business. B. The Airline Company will not knowingly interfere or permit interference with the use, operation, or maintenance of the Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water, communications, fire protection, utility, electricelectrical, or other systems installed or located from time to time at the Airport. C. The rights ; and privileges granted to the Airline pursuant to this Article Company will be subject to the Authority Rules not engage in any activity prohibited by Authority's approved FAR Part 150 Noise Compatibility Study and RegulationsPreferential Runway Use Program, as they may be amended or supplemented from time to time. C. Company will be properly certified under appropriate federal, state and local regulations. Copies of such certificates will be furnished to Authority upon request. D. The Airline As soon as possible after release from proper authorities, or if deemed necessary by Authority, Company will remove its disabled aircraft from the airfield or terminal aircraft aprons and place such aircraft in storage areas designated by Authority's Chief Executive Officer. Company will store such disabled aircraft only upon the terms and conditions reasonably established by Authority. In the event Company fails to remove a disabled aircraft as expeditiously as possible, Authority may, but will not be obligated to, cause the removal of such disabled aircraft and invoice Company for the costs incurred for such removal plus 10 percent. Nonpayment of such invoice will be deemed a default of this Agreement. E. Company will not do or permit to be done anything, either by any act or failure to act, that will might cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance of for the AuthorityAirport, or that will cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such act or failure to act on the part of the Airline will cause cancellation of any such policy, the Airline will immediately, upon notification by the Authority, take whatever steps or actions deemed necessary to cause reinstatement of said insurance. Furthermore, if the Airline Company does or permits to be done any act not expressly permitted under this Agreement, or fails to do any act required under this Agreement, regardless of whether such act constitutes will constitute a breach of this Agreement, that which act or failure, in and of itself, causes an increase in the Authority’s insurance premiums, the Airline Company will immediately remedy such actions and and/or pay the increase in premiums, upon notice from the Authority to do so; but in any event, the Airline will hold the Authority harmless for any expenses and damage resulting from any action as set forth in this paragraph. E. Except as provided elsewhere in this Agreement, nothing in this Agreement will be construed as establishing exclusive rights, operational or otherwise, to the Airline. F. Company will pay all applicable sales, use, intangible and ad valorem taxes, if any and of any kind, whether levied against Company or Authority. Company will also pay other taxes or assessments arising out of or assessed as a result of the uses, rights and privileges granted Company hereunder. Company reserves the right to contest such taxes or assessments and withhold payment of such taxes and assessments upon written notice to Authority of its intent to do so, so long as the nonpayment of such taxes and assessments does not result in a lien against the Airport or a direct liability on the part of Authority. Authority agrees to immediately forward to Company any notices of taxes and assessments due upon receipt of same. G. This Agreement will not be construed to grant or authorize the granting of an exclusive right within the meaning of 49 USC 40103(e) or 49 USC 47107(a), as may be amended from time to time, and related regulations. H. Any and all rights and privileges not specifically granted to the Airline Company for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to Authority. G. Other than those areas used for the purpose of egress and ingress, all operations will be conducted on the Airline Premises.

Appears in 4 contracts

Samples: Operating Agreement, Operating Agreement, Operating Agreement

Exclusions and Reservations. A. Nothing in this Article will be construed as authorizing the Airline Company to conduct any business on the Airline Company Premises or elsewhere at the Airport separate and apart from the conduct of its permitted uses as authorized in this Agreement. B. The Airline Company will not interfere or permit interference with the use, operation, or maintenance of Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water, communications, fire protection, utility, electric, or other systems installed or located at the Airport.. SAMPLE C. The rights and privileges granted to the Airline Company pursuant to this Article will be subject to the Authority Rules and Regulations, as they may be amended from time to time. D. The Airline Company will not do or permit to be done anything, either by act or failure to act, that will cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance of the Authority, or that will cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such act or failure to act on the part of the Airline Company will cause cancellation of any such policy, the Airline Company will immediately, upon notification by the Authority, take whatever steps or actions deemed necessary to cause reinstatement of said insurance. Furthermore, if the Airline Company does or permits to be done any act not expressly permitted under this Agreement, or fails to do any act required under this Agreement, regardless of whether such act constitutes a breach of this Agreement, that causes an increase in the Authority’s insurance premiums, the Airline Company will immediately remedy such actions and pay the increase in premiums, upon notice from the Authority to do so; but in any event, the Airline Company will hold the Authority harmless for any expenses and damage resulting from any action as set forth in this paragraph. E. Except as provided elsewhere in this Agreement, nothing in this Agreement will be construed as establishing exclusive rights, operational or otherwise, to the AirlineCompany. F. Any and all rights and privileges not specifically granted to the Airline Company for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to Authority. G. Other than those areas used for the purpose of egress and ingress, all operations will be conducted on the Airline Company Premises.

Appears in 3 contracts

Samples: Space Rental Agreement, Space Rental Agreement, Space Rental Agreement

Exclusions and Reservations. A. Nothing in this Article will 5 shall be construed as authorizing the Airline AIRLINE to conduct any business on the Airline Premises or elsewhere at the Airport separate and apart from the conduct of its permitted uses as authorized in this AgreementAir Transportation Business. B. The Airline will AIRLINE shall not knowingly interfere or permit interference with the use, operation, or maintenance of the Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water, communications, fire protection, utility, electricelectrical, or other systems installed or located from time to time at the Airport. C. The rights ; and privileges granted to the Airline pursuant to this Article will be subject to the Authority Rules AIRLINE shall not engage in any activity prohibited by AUTHORITY's approved FAR Part 150 Noise Compatibility Study and Regulations, Preferential Runway Use Program as they may be amended or supplemented from time to time. C. As soon as possible after release from proper authorities, AIRLINE shall remove any of its disabled aircraft from the Airfield or Terminal Aircraft Aprons, shall place any such disabled aircraft only in such storage areas as may be reasonably designated by the Chief Executive Officer, and shall store such disabled aircraft only upon such terms and conditions as may be reasonably established by AUTHORITY; provided, however, AIRLINE shall be requested to remove such disabled aircraft from the Terminal Aircraft Apron(s) only if deemed necessary in accordance with Article 16. In the event AIRLINE shall fail to remove any of its disabled aircraft as expeditiously as possible, AUTHORITY may, but shall not be obligated to, cause the removal of such disabled aircraft. AIRLINE shall pay to AUTHORITY, upon receipt of invoice, the costs incurred for such removal plus ten percent (10%). Nonpayment of such invoice shall be deemed a default of this Agreement, pursuant to Section 12.01B. D. The Airline will AIRLINE shall not do or permit to be done anything, either by act or failure to act, that will shall cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance of for the AuthorityAirport, or that will shall cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such act AIRLINE shall do or failure to act on the part of the Airline will cause cancellation of any such policy, the Airline will immediately, upon notification by the Authority, take whatever steps or actions deemed necessary to cause reinstatement of said insurance. Furthermore, if the Airline does or permits permit to be done any act not expressly permitted under this Agreement, or fails fail to do any act required under this Agreement, regardless of whether such act constitutes shall constitute a breach of this Agreement, that which act or failure, in and of itself, causes an increase in the Authority’s AUTHORITY's insurance premiums, the Airline will AIRLINE shall immediately remedy such actions and and/or pay the increase in premiums, upon notice from the Authority AUTHORITY to do so; but in any event, the Airline will hold the Authority harmless for any expenses and damage resulting from any action as set forth in this paragraph. E. Except as provided AIRLINE shall not maintain or operate in the Terminal Complex or elsewhere in this Agreement, nothing in this Agreement will be construed as establishing exclusive rights, operational or otherwise, to the Airline. F. Any and all rights and privileges not specifically granted to the Airline for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to Authority. G. Other than those areas used a cafeteria, restaurant, bar, or cocktail lounge for the purpose of egress selling food and ingressbeverages to the public or to AIRLINE's employees and passengers, all operations will except as may be conducted on the Airline Premisespermitted under 5.01O, above.

Appears in 2 contracts

Samples: Airline Airport Use and Lease Agreement, Airline Use and Lease Agreement

Exclusions and Reservations. A. Nothing in this Article will be construed as authorizing the Airline Company to conduct any business on the Airline Premises or elsewhere at the Airport Common Use Areas separate and apart from the conduct of its permitted uses as authorized described in this AgreementArticle. B. The Airline Company will not interfere or permit interference with the use, operation, or maintenance of Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water, communications, fire protection, utility, electric, or other systems installed or located from time to time at the Airport; and Company will not engage in any activity prohibited by Authority’s existing or future noise abatement procedures or Authority's Rules and Regulations, Standard Procedures, and Operating Directives. C. The rights and privileges granted to the Airline Company pursuant to this Article will be subject to the Authority Rules any and all Regulations, Standard Procedures, and Operating Directives established by Authority, as they may be amended from time to time. D. The Airline Company will not install fuel storage facilities without the prior written approval of Authority. E. Company will not do or permit to be done anything, either by act or failure to act, that will cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance of the Authority, or that will cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such act act, or failure to act on the part of the Airline Company, will cause cancellation of any such policy, the Airline Company will immediately, upon notification by the Authority, take whatever steps or actions deemed necessary to cause reinstatement of said insurance. Furthermore, if the Airline Company does or permits to be done any act not expressly permitted under this Agreement, or fails to do any act required under this Agreement, regardless of whether such act constitutes a breach of this Agreement, Agreement that causes an increase in the Authority’s insurance premiums, the Airline Company will immediately remedy such actions and pay the increase in premiums, upon notice from the Authority to do so; but in any event, the Airline Company will hold the Authority harmless for any expenses and damage resulting from any action as set forth in this paragraph. E. F. Except as provided elsewhere in this Agreement, nothing in this Agreement will be construed as establishing exclusive rights, operational or otherwise, to the AirlineCompany. F. G. Any and all rights and privileges not specifically granted to the Airline Company for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to Authority. G. Other than those areas used for the purpose of egress and ingress, all operations will be conducted on the Airline Premises.

Appears in 2 contracts

Samples: Cargo Building Space Rental Agreement, Cargo Building Space Rental Agreement

Exclusions and Reservations. A. Nothing in this Article will 5 shall be construed as authorizing the Airline AIRLINE to conduct any business on the Airline Premises or elsewhere at the Airport separate and apart from the conduct of its permitted uses as authorized in this AgreementAir Transportation Business. B. The Airline will AIRLINE shall not knowingly interfere or permit interference with the use, operation, or maintenance of the Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water, communications, fire protection, utility, electricelectrical, or other systems installed or located from time to time at the Airport. C. The rights ; and privileges granted to the Airline pursuant to this Article will be subject to the Authority Rules AIRLINE shall not engage in any activity prohibited by AUTHORITY's approved FAR Part 150 Noise Compatibility Study and Regulations, Preferential Runway Use Program as they may be amended or supplemented from time to time. C. As soon as possible after release from proper authorities, AIRLINE shall remove any of its disabled aircraft from the Airfield or Terminal Aircraft Aprons, shall place any such disabled aircraft only in such storage areas as may be reasonably designated by the Executive Director, and shall store such disabled aircraft only upon such terms and conditions as may be reasonably established by AUTHORITY; provided, however, AIRLINE shall be requested to remove such disabled aircraft from the Terminal Aircraft Apron(s) only if deemed necessary in accordance with Article 16. In the event AIRLINE shall fail to remove any of its disabled aircraft as expeditiously as possible, AUTHORITY may, but shall not be obligated to, cause the removal of such disabled aircraft. AIRLINE shall pay to AUTHORITY, upon receipt of invoice, the costs incurred for such removal plus ten percent (10%). Nonpayment of such invoice shall be deemed a default of this Agreement, pursuant to Section 12.01B. D. The Airline will AIRLINE shall not do or permit to be done anything, either by act or failure to act, that will shall cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance of for the AuthorityAirport, or that will shall cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such act AIRLINE shall do or failure to act on the part of the Airline will cause cancellation of any such policy, the Airline will immediately, upon notification by the Authority, take whatever steps or actions deemed necessary to cause reinstatement of said insurance. Furthermore, if the Airline does or permits permit to be done any act not expressly permitted under this Agreement, or fails fail to do any act required under this Agreement, regardless of whether such act constitutes shall constitute a breach of this Agreement, that which act or failure, in and of itself, causes an increase in the Authority’s AUTHORITY's insurance premiums, the Airline will AIRLINE shall immediately remedy such actions and and/or pay the increase in premiums, upon notice from the Authority AUTHORITY to do so; but in any event, the Airline will hold the Authority harmless for any expenses and damage resulting from any action as set forth in this paragraph. E. Except as provided AIRLINE shall not maintain or operate in the Terminal Complex or elsewhere in this Agreement, nothing in this Agreement will be construed as establishing exclusive rights, operational or otherwise, to the Airline. F. Any and all rights and privileges not specifically granted to the Airline for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to Authority. G. Other than those areas used a cafeteria, restaurant, bar, or cocktail lounge for the purpose of egress selling food and ingressbeverages to the public or to AIRLINE's employees and passengers, all operations will except as may be conducted on the Airline Premisespermitted under 5.01O, above.

Appears in 1 contract

Samples: Airline Airport Use and Lease Agreement

Exclusions and Reservations. A. Nothing in this Article will be construed as authorizing the Airline Company to conduct any business on the Airline Premises or elsewhere at the Airport separate and apart from the conduct of its permitted uses as authorized in this Agreementair transportation business. B. The Airline Company will not knowingly interfere or permit interference with the use, operation, or maintenance of the Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water, communications, fire protection, utility, electricelectrical, or other systems installed or located from time to time at the Airport. C. The rights ; and privileges granted to the Airline pursuant to this Article Company will be subject to the Authority Rules not engage in any activity prohibited by Authority's approved FAR Part 150 Noise Compatibility Study and Regulations, Preferential Runway Use Program as they may be amended or supplemented from time to time. C. Company will be properly certified under appropriate federal, state and local regulations. Copies of such certificates will be furnished to Authority upon request. D. The Airline As soon as possible after release from proper authorities, or if deemed necessary by Authority, Company will remove its disabled aircraft from the airfield or terminal aircraft aprons and place such aircraft in storage areas designated by Authority's Chief Executive Officer. Company will store such disabled aircraft only upon the terms and conditions reasonably established by Authority. In the event Company fails to remove a disabled aircraft as expeditiously as possible, Authority may, but will not be obligated to, cause the removal of such disabled aircraft and xxxx Company for the costs incurred for such removal plus 10 percent. Nonpayment of such invoice will be deemed a default of this Agreement. E. Company will not do or permit to be done anything, either by any act or failure to act, that will might cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance of for the AuthorityAirport, or that will cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such act or failure to act on the part of the Airline will cause cancellation of any such policy, the Airline will immediately, upon notification by the Authority, take whatever steps or actions deemed necessary to cause reinstatement of said insurance. Furthermore, if the Airline Company does or permits to be done any act not expressly permitted under this Agreement, or fails to do any act required under this Agreement, regardless of whether such act constitutes will constitute a breach of this Agreement, that which act or failure, in and of itself, causes an increase in the Authority’s insurance premiums, the Airline Company will immediately remedy such actions and and/or pay the increase in premiums, upon notice from the Authority to do so; but in any event, the Airline will hold the Authority harmless for any expenses and damage resulting from any action as set forth in this paragraph. E. Except as provided elsewhere in this Agreement, nothing in this Agreement will be construed as establishing exclusive rights, operational or otherwise, to the Airline. F. Company will pay all applicable sales, use, intangible and ad valorem taxes, if any and of any kind, whether levied against Company or Authority. Company will also pay other taxes or assessments arising out of or assessed as a result of the uses, rights and privileges granted Company hereunder. Company reserves the right to contest such taxes and withhold payment of such taxes upon written notice to Authority of its intent to do so, so long as the nonpayment of such taxes does not result in a lien against the Airport or a direct liability on the part of Authority. Authority agrees to immediately forward to Company any notices of taxes and assessments due upon receipt of same. G. This Agreement will not be construed to grant or authorize the granting of an exclusive right within the meaning of 49 USC 40103(e) or 49 USC 47107(a), as may be amended from time to time, and related regulations. H. Any and all rights and privileges not specifically granted to the Airline Company for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to Authority. G. Other than those areas used for the purpose of egress and ingress, all operations will be conducted on the Airline Premises.

Appears in 1 contract

Samples: Operating Agreement

Exclusions and Reservations. A. Nothing in this Article will be construed as authorizing the Airline Company to conduct any business on the Airline Premises or elsewhere at the Airport separate and apart from the conduct of its permitted uses as authorized in this Agreementair transportation business. B. The Airline Company will not knowingly interfere or permit interference with the use, operation, or maintenance of the Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water, communications, fire protection, utility, electricelectrical, or other systems installed or located from time to time at the Airport. C. The rights ; and privileges granted to the Airline pursuant to this Article Company will be subject to the Authority Rules not engage in any activity prohibited by Authority's approved FAR Part 150 Noise Compatibility Study and RegulationsPreferential Runway Use Program, as they may be amended or supplemented from time to time. C. Company will be properly certified under appropriate federal, state and local regulations. Copies of such certificates will be furnished to Authority upon request. D. The Airline As soon as possible after release from proper authorities, or if deemed necessary by Authority, Company will remove its disabled aircraft from the airfield or terminal aircraft aprons and place such aircraft in storage areas designated by Authority's Chief Executive Officer. Company will store such disabled aircraft only upon the terms and conditions reasonably establishedby Authority. In the event Company fails to remove a disabled aircraft as expeditiously as possible, Authority may, but will not be obligated to, cause the removal of such disabled aircraft and invoice Company for the costs incurred for such removal plus 10 percent. Nonpayment of such invoice will be deemed a default of this Agreement. E. Company will not do or permit to be done anything, either by any act or failure to act, that will might cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance of for the AuthorityAirport, or that will cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such act or failure to act on the part of the Airline will cause cancellation of any such policy, the Airline will immediately, upon notification by the Authority, take whatever steps or actions deemed necessary to cause reinstatement of said insurance. Furthermore, if the Airline Company does or permits to be done any act not expressly permitted under this Agreement, or fails to do any act required under this Agreement, regardless of whether such act constitutes will constitute a breach of breachof this Agreement, that which act or failure, in and of itself, causes an increase in the Authority’s insurance premiums, the Airline Company will immediately remedy such actions and and/or pay the increase in premiums, upon notice from the Authority to do so; but in any event, the Airline will hold the Authority harmless for any expenses and damage resulting from any action as set forth in this paragraph. E. Except as provided elsewhere in this Agreement, nothing in this Agreement will be construed as establishing exclusive rights, operational or otherwise, to the Airline. F. Company will pay all applicable sales, use, intangible and ad valorem taxes, if any and of any kind, whether levied against Company or Authority. Company will also pay other taxes or assessments arising out of or assessed as a result of the uses, rights and privileges granted Company hereunder. Company reserves the right to contest such taxes or assessments and withhold payment of such taxes and assessments upon written notice to Authority of its intent to do so, so long as the nonpayment of such taxes and assessments does not result in a lienagainst the Airport or a direct liability on the part of Authority. Authority agrees to immediately forward to Company any notices of taxes and assessments due upon receipt of same. G. This Agreement will not be construed to grant or authorize the granting of an exclusive right within the meaning of 49 USC 40103(e) or 49 USC 47107(a), as may be amended from time to time, and related regulations. H. Any and all rights and privileges not specifically granted to the Airline Company for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to Authority. G. Other than those areas used for the purpose of egress and ingress, all operations will be conducted on the Airline Premises.

Appears in 1 contract

Samples: Operating Agreement

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Exclusions and Reservations. A. Nothing in this Article will be construed as authorizing the Airline Company to conduct any business on the Airline Premises or elsewhere at the Airport separate and apart from the conduct of its permitted uses as authorized in this Agreementair transportation business. B. The Airline Company will not knowingly interfere or permit interference with the use, operation, or maintenance of the Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water, communications, fire protection, utility, electricelectrical, or other systems installed or located from time to time at the Airport. C. The rights ; and privileges granted to the Airline pursuant to this Article Company will be subject to the Authority Rules not engage in any activity prohibited by Authority's approved FAR Part 150 Noise Compatibility Study and Regulations, Preferential Runway Use Program as they may be amended or supplemented from time to time. C. Company will be properly certified under appropriate federal, state and local regulations. Copies of such certificates will be furnished to Authority upon request. D. The Airline As soon as possible after release from proper authorities, or if deemed necessary by Authority, Company will remove its disabled aircraft from the airfield or terminal aircraft aprons and place such aircraft in storage areas designated by Authority's Chief Executive Officer. Company will store such disabled aircraft only upon the terms and conditions reasonably established by Authority. In the event Company fails to remove a disabled aircraft as expeditiously as possible, Authority may, but will not be obligated to, cause the removal of such disabled aircraft and bill Company for the costs incurred for such removal plus 10 percent. Nonpayment of such invoice will be deemed a default of this Agreement. E. Company will not do or permit to be done anything, either by any act or failure to act, that will might cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance of for the AuthorityAirport, or that will cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such act or failure to act on the part of the Airline will cause cancellation of any such policy, the Airline will immediately, upon notification by the Authority, take whatever steps or actions deemed necessary to cause reinstatement of said insurance. Furthermore, if the Airline Company does or permits to be done any act not expressly permitted under this Agreement, or fails to do any act required under this Agreement, regardless of whether such act constitutes will constitute a breach of this Agreement, that which act or failure, in and of itself, causes an increase in the Authority’s insurance premiums, the Airline Company will immediately remedy such actions and and/or pay the increase in premiums, upon notice from the Authority to do so; but in any event, the Airline will hold the Authority harmless for any expenses and damage resulting from any action as set forth in this paragraph. E. Except as provided elsewhere in this Agreement, nothing in this Agreement will be construed as establishing exclusive rights, operational or otherwise, to the Airline. F. Company will pay all applicable sales, use, intangible and ad valorem taxes, if any and of any kind, whether levied against Company or Authority. Company will also pay other taxes or assessments arising out of or assessed as a result of the uses, rights and privileges granted Company hereunder. Company reserves the right to contest such taxes and withhold payment of such taxes upon written notice to Authority of its intent to do so, so long as the nonpayment of such taxes does not result in a lien against the Airport or a direct liability on the part of Authority. Authority agrees to immediately forward to Company any notices of taxes and assessments due upon receipt of same. G. This Agreement will not be construed to grant or authorize the granting of an exclusive right within the meaning of 49 USC 40103(e) or 49 USC 47107(a), as may be amended from time to time, and related regulations. H. Any and all rights and privileges not specifically granted to the Airline Company for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to Authority. G. Other than those areas used for the purpose of egress and ingress, all operations will be conducted on the Airline Premises.

Appears in 1 contract

Samples: Operating Agreement

Exclusions and Reservations. A. Nothing in this Article will be construed as authorizing the Airline Company to conduct any business on the Airline Company Premises or elsewhere at the Airport separate and apart from the conduct of its permitted uses as authorized in this Agreement. B. The Airline Company will not interfere or permit interference with the use, operation, or maintenance of Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water, communications, fire protection, utility, electric, or other systems installed or located at the Airport. C. The rights and privileges granted to the Airline Company pursuant to this Article will be subject to the Authority Rules and Regulations, as they may be amended from time to time. D. The Airline Company will not do or permit to be done anything, either by act or failure to act, that will cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance of the Authority, or that will cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such act or failure to act on the part of the Airline Company will cause cancellation of any such policy, the Airline Company will immediately, upon notification by the Authority, take whatever steps or actions deemed necessary to cause reinstatement of said insurance. Furthermore, if the Airline Company does or permits to be done any act not expressly permitted under this Agreement, or fails to do any act required under this Agreement, regardless of whether such act constitutes a breach of this Agreement, that causes an increase in the Authority’s insurance premiums, the Airline Company will immediately remedy such actions and pay the increase in premiums, upon notice from the Authority to do so; but in any event, the Airline Company will hold the Authority harmless for any expenses and damage resulting from any action as set forth in this paragraph. E. Except as provided elsewhere in this Agreement, nothing in this Agreement will be construed as establishing exclusive rights, operational or otherwise, to the AirlineCompany. F. Any and all rights and privileges not specifically granted to the Airline Company for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to Authority. G. Other than those areas used for the purpose of egress and ingress, all operations will be conducted on the Airline Company Premises.. DocuSign Envelope ID: 592E0882-A82A-48D1-B8F8-29D404B52E52

Appears in 1 contract

Samples: Space Rental Agreement

Exclusions and Reservations. A. Nothing in this Article will 5 shall be construed as authorizing the Airline AIRLINE to conduct any business on the Airline Premises or elsewhere at the Airport separate and apart from the conduct of its permitted uses as authorized in this AgreementAir Transportation Business. B. The Airline will AIRLINE shall not knowingly interfere or permit interference with the use, operation, or maintenance of the Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water, communications, fire protection, utility, electricelectrical, or other systems installed or located from time to time at the Airport; and AIRLINE shall not engage in any activity prohibited by the AUTHORITY's existing or future noise abatement procedures that are not in conflict with federal, state, or local laws, rules, or regulations. C. The rights As soon as possible after release from proper authorities, AIRLINE shall remove any of its disabled aircraft from the Airfield and privileges granted shall place any such disabled aircraft only in such storage areas as may be designated by the President/CEO, and shall store such disabled aircraft only upon such terms and conditions as may be established by AUTHORITY; provided, however, AIRLINE shall be requested to remove such disabled aircraft from AIRLINE's Terminal Aircraft Apron(s) only if deemed necessary in accordance with Article 16. In the Airline event AIRLINE shall fail to remove any of its disabled aircraft as expeditiously as possible, AUTHORITY may, but shall not be obligated to, cause the removal of such disabled aircraft; provided however, AUTHORITY shall give AIRLINE prior notice of its intent to remove such disabled aircraft, and AUTHORITY shall use reasonable efforts to remove such aircraft. AIRLINE shall pay to AUTHORITY, upon receipt of invoice, the costs incurred for such removal plus fifteen percent (15%). Nonpayment of such invoice within thirty (30) days shall be deemed a default of this Agreement, pursuant to this Article will be subject to the Authority Rules and Regulations, as they may be amended from time to time.Section 12.01B. D. The Airline will AIRLINE shall not knowingly do or permit to be done anything, either by act or failure to act, that will shall cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance of for the AuthorityAirport, or that will shall cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such act AIRLINE act, or failure to act on the part of the Airline will act, shall cause cancellation of any such policy, the Airline will then AIRLINE shall immediately, upon notification by the AuthorityAUTHORITY, take do whatever steps or actions deemed shall be necessary to cause reinstatement of said insurance. Furthermore, if the Airline does AIRLINE shall do or permits permit to be done any act not expressly permitted under this Agreement, or fails fail to do any act required under this Agreement, regardless of whether such act constitutes shall constitute a breach of this Agreement, that which causes an increase in the Authority’s AUTHORITY's insurance premiums, the Airline will AIRLINE shall immediately remedy such actions and and/or pay the increase in premiums, upon notice from the Authority AUTHORITY to do so; but in any event, the Airline AIRLINE will hold the Authority AUTHORITY harmless for any expenses and and/or damage resulting from any action as set forth in this paragraph. E. Except as may subsequently be provided in a separate agreement, AIRLINE shall not maintain or operate in the Terminal or elsewhere in this Agreement, nothing in this Agreement will be construed as establishing exclusive rights, operational or otherwise, to the Airline. F. Any and all rights and privileges not specifically granted to the Airline for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to Authority. G. Other than those areas used a cafeteria, restaurant, bar, or cocktail lounge for the purpose of egress selling food and ingressbeverages to the public or to AIRLINE's employees and passengers, all operations will except as may be conducted permitted in Section 5.01O. F. AIRLINE shall immediately notify AUTHORITY in writing (i) of any enforcement, clean-up, removal or other governmental or regulatory action instituted, completed or threatened, or any claim made or threatened by any person pursuant to environmental laws governing hazardous material or related concerns against AIRLINE or AIRLINE's activities at the Airport including such actions or claims based on the condition of the AIRLINE’s Airline PremisesPremises relating to damage, contribution, cost recovery compensation, loss or injury resulting from or claimed to result from the presence of hazardous material as a result of AIRLINE’s activities at the Airport; and (ii) reports to any environmental agency or governmental authority arising out of or in connection with the delivery to, storage on or removal from AIRLINE’s Airline Premises of hazardous material by AIRLINE, including any written complaints, notices, warnings or asserted violations in connection therewith. Upon request, AIRLINE shall make available for review by AUTHORITY copies of all non-privileged documentation related to the foregoing.

Appears in 1 contract

Samples: Airline Airport Use and Lease Agreement

Exclusions and Reservations. A. Nothing in this Article will be construed as authorizing the Airline Company to conduct any business on the Airline Company Premises or elsewhere at the Airport separate and apart from the conduct of its permitted uses as authorized in this Agreement. B. The Airline Company will not interfere or permit interference with the use, operation, or maintenance of Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water, communications, fire protection, utility, electric, or other systems installed or located at the Airport. C. The rights and privileges granted to the Airline Company pursuant to this Article will be subject to the Authority Rules and Regulations, as they may be amended from time to time. D. The Airline Company will not do or permit to be done anything, either by act or failure to act, that will cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance of the Authority, or that will cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such act or failure to act on the part of the Airline Company will cause cancellation of any such policy, the Airline Company will immediately, upon notification by the Authority, take whatever steps or actions deemed necessary to cause reinstatement of said insurance. Furthermore, if the Airline Company does or permits to be done any act not expressly permitted under this Agreement, or fails to do any act required under this Agreement, regardless of whether such act constitutes a breach of this Agreement, that causes an increase in the Authority’s Authority’s insurance premiums, the Airline Company will immediately remedy such actions and pay the increase in premiums, upon notice from the Authority to do so; but in any event, the Airline Company will hold the Authority harmless for any expenses and damage resulting from any action as set forth in this paragraph. E. Except as provided elsewhere in this Agreement, nothing in this Agreement will be construed as establishing exclusive rights, operational or otherwise, to the AirlineCompany. F. Any and all rights and privileges not specifically granted to the Airline Company for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to Authority. G. Other than those areas used for the purpose of egress and ingress, all operations will be conducted on the Airline Company Premises.

Appears in 1 contract

Samples: Space Rental Agreement

Exclusions and Reservations. A. 7.02.1 Nothing in this Article will 7 shall be construed as authorizing the Airline to conduct any business on the Airline Premises or elsewhere at the Airport separate and apart from the conduct of its permitted uses as authorized in this AgreementAir Transportation Business. B. The 7.02.2 Airline will shall not knowingly interfere or permit interference with the use, operation, or maintenance of the Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water, communications, fire protection, utility, electricelectrical, or other systems installed or located from time to time at the Airport. C. The rights 7.02.3 Airline shall not engage in any activity prohibited by City's approved FAR Part 150 Noise Compatibility Study and privileges granted to the Airline pursuant to this Article will be subject to the Authority Rules and Regulations, Preferential Runway Use Program as they may be amended or supplemented from time to timetime in accordance with applicable law. D. The 7.02.4 As soon as possible after release from proper authorities, Airline will shall remove any of its disabled aircraft from the Airfield or Terminal Aircraft Aprons, shall place any such disabled aircraft only in such storage areas as may be reasonably designated by the Director, and shall store such disabled aircraft only upon such terms and conditions as may be reasonably established by City. In the event Airline shall fail to remove any of its disabled aircraft as expeditiously as possible, City may, but shall not be obligated to, cause the removal of such disabled aircraft. Airline shall pay to City, upon receipt of an invoice, the costs incurred for such removal plus fifteen percent (15%). Nonpayment of such invoice shall be deemed a default of this Agreement pursuant to Article 15. 7.02.5 Airline shall not do or permit to be done anything, either by act or failure to act, that will shall cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance of for the Authority, Airport or that will shall cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such act Airline shall do or failure to act on the part of the Airline will cause cancellation of any such policy, the Airline will immediately, upon notification by the Authority, take whatever steps or actions deemed necessary to cause reinstatement of said insurance. Furthermore, if the Airline does or permits permit to be done any act not expressly permitted under this Agreement, or fails fail to do any act required under this Agreement, regardless of whether such act constitutes shall constitute a breach of this Agreement, that which act or failure, in and of itself, causes an increase in the Authority’s City's insurance premiums, the Airline will shall immediately remedy such actions and and/or pay the increase in premiums, upon notice from the Authority City to do so. 7.02.6 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, except as may be permitted under Section 7.01.14. 7.02.7 City may, at its sole option, install or cause to be installed advertising and revenue generating devices, including vending machines, in Common Use and Preferential Use Premises; but provided, however, that to the extent permitted by law, City shall not install or cause to be installed advertising for Airline’s direct competitors in Airline’s Preferential Use Premises (Airline shall purchase all advertising for any product or service other than air service arriving at or departing from the Airport from the Airport’s advertising concessionaire). City may also, at its sole option, install pay telephones, telecommunication equipment, or internet access in any eventpart of the Terminal excluding airline clubs and VIP Lounges. City shall be entitled to reasonable access upon Airline Premises to install or service such telephones, telecommunication equipment, internet access and devices. Income generated by such telephones, telecommunication equipment, internet access and devices shall be accounted for in the Airline will hold same manner as other non-airline Revenues of the Authority harmless for any expenses and damage resulting from any action as set forth in this paragraphAirport. E. 7.02.8 Airline shall not dispose of nor permit any other person to dispose of any waste material into the sanitary or storm sewers at the Airport or elsewhere (whether liquid or solid) unless such waste materials or products are first properly treated. Nothing herein shall prohibit Airline from disposing of human waste taken from its aircraft in proper designated sanitary sewer facilities. 7.02.9 Except as otherwise provided elsewhere in Section 7.01.14, Airline shall not install or operate amusement machines or vending machines. 7.02.10 Airline shall not disturb any asbestos or any other Hazardous Materials at the Airport without first obtaining all permits and approvals as required by applicable Environmental Laws or by City. 7.02.11 The rights and privileges granted Airline pursuant to this Article 7 shall be subject to any and all reasonable and nondiscriminatory Rules and Regulations established by City, as such Rules and Regulations may be amended from time to time, and to the provisions of this Agreement. Airline covenants and agrees that it will not violate or permit its agents, nothing in this Agreement will contractors or employees to violate any such Rules and Regulations. City may prescribe civil penalties and injunctive remedies for violations of any Rules and Regulations, and the same may be construed as establishing exclusive rightsapplied to Airline for violations of Airline’s agents, operational contractors or otherwise, to the Airlineemployees. F. 7.02.12 Airline acknowledges and agrees that Shared Use Equipment shall be used in all Common Use Premises, except as otherwise provided herein. 7.02.13 Any and all rights and privileges not specifically granted to the Airline for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to AuthorityCity. G. Other than those areas used for the purpose of egress and ingress, all operations will be conducted on the Airline Premises.

Appears in 1 contract

Samples: Airline Lease and Operating Agreement

Exclusions and Reservations. A. Nothing in this Article will 5 shall be construed as authorizing the Airline AIRLINE to conduct any business on the Airline Premises or elsewhere at the Airport separate and apart from the conduct of its permitted uses as authorized in this AgreementAir Transportation Business. B. The Airline will AIRLINE shall not knowingly interfere or permit interference with the use, operation, or maintenance of the Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water, communications, fire protection, utility, electricelectrical, or other systems installed or located from time to time at the Airport. C. The rights As soon as possible after release from proper authorities, AIRLINE shall remove any of its disabled aircraft from the Airfield or Terminal Aircraft Aprons, shall place any such disabled aircraft only in such storage areas as may be reasonably designated by the Executive Director, and privileges granted shall store such disabled aircraft only upon such terms and conditions as may be reasonably established by AUTHORITY; provided, however, AIRLINE shall be requested to remove such disabled aircraft from the Airline Terminal Aircraft Apron(s) only if deemed necessary in accordance with Article 16. In the event AIRLINE shall fail to remove any of its disabled aircraft as expeditiously as possible, AUTHORITY may, but shall not be obligated to, cause the removal of such disabled aircraft. AIRLINE shall pay to AUTHORITY, upon receipt of invoice, the costs incurred for such removal plus ten percent (10%). Nonpayment of such invoice shall be deemed a default of this Agreement, pursuant to this Article will be subject to the Authority Rules and Regulations, as they may be amended from time to time.Section 12.01B. D. The Airline will AIRLINE shall not knowingly do or permit to be done anything, either by act or failure to act, that will shall cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance of for the AuthorityAirport, or that will shall cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such act AIRLINE shall do or failure to act on the part of the Airline will cause cancellation of any such policy, the Airline will immediately, upon notification by the Authority, take whatever steps or actions deemed necessary to cause reinstatement of said insurance. Furthermore, if the Airline does or permits permit to be done any act not expressly permitted under this Agreement, or fails fail to do any act required under this Agreement, regardless of whether such act constitutes shall constitute a breach of this Agreement, that which act or failure, in and of itself, causes an increase in the Authority’s AUTHORITY's insurance premiums, the Airline will AIRLINE shall immediately remedy such actions and and/or pay the increase in premiums, upon notice from the Authority AUTHORITY to do so; but in any event, the Airline will hold the Authority harmless for any expenses and damage resulting from any action as set forth in this paragraph. E. Except as provided AIRLINE shall not maintain or operate in the Terminal or elsewhere in this Agreement, nothing in this Agreement will be construed as establishing exclusive rights, operational or otherwise, to the Airline. F. Any and all rights and privileges not specifically granted to the Airline for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to Authority. G. Other than those areas used a cafeteria, restaurant, bar, or cocktail lounge for the purpose of egress selling food and ingressbeverages to the public or to AIRLINE's employees and passengers, all operations will except as may be conducted on the Airline Premisespermitted under 5.01O, above.

Appears in 1 contract

Samples: Airline Airport Use and Lease Agreement

Exclusions and Reservations. A. Nothing in this Article will be construed as authorizing the Airline Company to conduct any business on the Airline Premises or elsewhere at the Airport separate and apart from the conduct of its permitted uses as authorized described in this AgreementArticle. B. The Airline Company will not interfere or permit interference with the use, operation, or maintenance of Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water, communications, fire protection, utility, electric, or other systems installed or located from time to time at the Airport. C. The rights and privileges granted to the Airline Company pursuant to this Article will be subject to the Authority Rules any and Regulationsall Rules, Regulations and Operating Directives establishedby Authority, as they may be amended from time to time. D. The Airline Company will not do or permit to be done anythingdoneanything, either by act or failure to act, that will cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance of the Authority, or that will cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such act or failure to act on the part of the Airline Company will cause cancellation of any such policy, the Airline Company will immediately, upon notification by the Authority, take whatever steps or actions deemed necessary to cause reinstatement of said insurance. Furthermore, if the Airline Company does or permits to be done any act not expressly permitted under this Agreement, or fails to do any act required under this Agreement, regardless of whether such act constitutes a breach of this Agreement, that causes an increase in the Authority’s insurance premiums, the Airline Company will immediately remedy such actions and pay the increase in premiums, upon notice from the Authority to do so; but in any event, the Airline Company will hold the Authority harmless for any expenses and damage resulting from any action as set forth in this paragraph. E. Except as provided elsewhere in this Agreement, nothing in this Agreement will be construed as establishing exclusive rights, operational or otherwise, to the AirlineCompany. F. Any and all rights and privileges not specifically granted to the Airline Company for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to Authority. G. Other than those areas used for the purpose of egress and ingress, all operations will be conducted on the Airline Premises.

Appears in 1 contract

Samples: Space Rental Agreement

Exclusions and Reservations. A. Nothing in this Article will be construed as authorizing the Airline Company to conduct any business on the Airline Company Premises or elsewhere at the Airport separate and apart from the conduct of its permitted uses as authorized in this Agreement. B. The Airline Company will not interfere or permit interference with the use, operation, or maintenance of Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water, communications, fire protection, utility, electric, or other systems installed or located at the Airport. C. The rights and privileges granted to the Airline Company pursuant to this Article will be subject to the Authority Rules and Regulations, as they may be amended from time to time. D. The Airline Company will not do or permit to be done anything, either by act or failure to act, that will cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance of the Authority, or that will cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such act or failure to act on the part of the Airline Company will cause cancellation of any such policy, the Airline Company will immediately, upon notification by the Authority, take whatever steps or actions deemed necessary to cause reinstatement of said insurance. Furthermore, if the Airline Company does or permits to be done any act not expressly permitted under this Agreement, or fails to do any act required under this Agreement, regardless of whether such act constitutes a breach of this Agreement, that causes an increase in the Authority’s insurance premiums, the Airline Company will immediately remedy such actions and pay the increase in premiums, upon notice from the Authority to do so; but in any event, the Airline Company will hold the Authority harmless for any expenses and damage resulting from any action as set forth in this paragraph. E. Except as provided elsewhere in this Agreement, nothing in this Agreement will be construed as establishing exclusive rights, operational or otherwise, to the Airline.Company. DocuSign Envelope ID: ACD48BA7-3953-457D-801C-2A1EA6D38368 F. Any and all rights and privileges not specifically granted to the Airline Company for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to Authority. G. Other than those areas used for the purpose of egress and ingress, all operations will be conducted on the Airline Company Premises.

Appears in 1 contract

Samples: Space Rental Agreement

Exclusions and Reservations. A. Nothing in this Article will be construed as authorizing the Airline Company to conduct any business on the Airline Premises or elsewhere at the Airport separate and apart from the conduct of its permitted uses ground handling business as authorized in this Agreement. B. The Airline Company will not interfere or permit interference with the use, operation, or maintenance of Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water, communications, fire protection, utility, electricelectrical, or other systems installed or located at the Airport; and Company will not engage in any activity prohibited by the Authority's approved FAR Part 150 Noise Compatibility Study and Preferential Runway Use Program as amended or supplemented. Company will be properly certified under appropriate Federal, State and local regulations. Copies of such certificates will be furnished to the Authority on demand. C. The rights and privileges granted to the Airline pursuant to this Article will be subject to the Authority Rules and Regulations, as they may be amended from time to time. D. The Airline Company will not do or permit to be done anything, either by act or failure to act, that will cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance of the Authority, Authority or that will cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such act or failure to act on the part of the Airline Company will cause cancellation of any such policy, the Airline Company will immediately, upon notification by the Authority, take whatever steps or actions deemed necessary to cause reinstatement of said insurance. Furthermore, if the Airline Company does or permits to be done any act not expressly permitted under this Agreement, or fails to do any act required under this Agreement, regardless of whether such act constitutes a breach of this Agreement, that causes an increase in the Authority’s insurance premiums, the Airline Company will immediately remedy such actions and pay the increase in premiums, upon notice from the Authority to do so; but in any event, the Airline Company will hold the Authority harmless for any expenses and damage resulting from any action as set forth in this paragraph. E. D. Except as provided elsewhere in this Agreement, nothing in this Agreement will be construed as establishing exclusive rights, operational or otherwise, to Company. Company will pay all applicable sales, DocuSign Envelope ID: CE9146BA-E4EF-40FF-9FA5-1CD4FAE8DD2B use, intangible and ad valorem taxes, if any and of any kind, whether levied against Company or the AirlineAuthority. Company will pay other taxes or assessments arising out of or assessed as a result of the uses, rights and privileges granted Company hereunder. Company reserves the right to contest such taxes or assessments and withhold payment of such taxes and assessments upon written notice to the Authority of its intent to do so, so long as the nonpayment of such taxes and assessments does not result in a lien against the Airport or a direct liability on the part of the Authority. The Authority agrees to immediately forward to Company any notices of taxes and assessments due upon receipt of same. E. The uses, rights and privileges granted to Company pursuant to this Article will be subject to any and all reasonable and nondiscriminatory Authority Rules and Regulations, as may be amended from time to time. F. This Agreement will not be construed to grant or authorize the granting of an exclusive right within the meaning of 49 USC 40103(e) or 49 USC 47107(a), as may be amended from time to time, and related regulations. G. Any and all rights and privileges not specifically granted to the Airline Company for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to the Authority. G. Other than those areas used for the purpose of egress and ingress, all operations will be conducted on the Airline Premises.

Appears in 1 contract

Samples: Operating Agreement

Exclusions and Reservations. SAMPLE A. Nothing in this Article will be construed as authorizing the Airline Company to conduct any business on the Airline Premises or elsewhere at the Airport separate and apart from the conduct of its permitted uses as authorized in this Agreementground handling business. B. The Airline Company will not knowingly interfere or permit interference with the use, operation, or maintenance of the Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water, communications, fire protection, utility, electricelectrical, or other systems installed or located from time to time at the Airport. C. The rights ; and privileges granted to the Airline pursuant to this Article Company will be subject to the Authority Rules not engage in any activity prohibited by Authority's approved FAR Part 150 Noise Compatibility Study and Regulations, Preferential Runway Use Program as they may be amended or supplemented from time to time. C. Company will be properly certified under appropriate federal, state and local regulations. Copies of such certificates will be furnished to Authority on demand. D. The Airline Company will not do or permit to be done anything, either by any act or failure to act, that will might cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance of for the AuthorityAirport, or that will cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such act or failure to act on the part of the Airline will cause cancellation of any such policy, the Airline will immediately, upon notification by the Authority, take whatever steps or actions deemed necessary to cause reinstatement of said insurance. Furthermore, if the Airline Company does or permits to be done any act not expressly permitted under this Agreement, or fails to do any act required under this Agreement, regardless of whether such act constitutes will constitute a breach of this Agreement, that which act or failure, in and of itself, causes an increase in the Authority’s insurance premiums, the Airline Company will immediately remedy such actions and and/or pay the increase in premiums, upon notice from the Authority to do so; but in any event, the Airline will hold the Authority harmless for any expenses and damage resulting from any action as set forth in this paragraph. E. Except Company will pay all applicable sales, use, intangible and ad valorem taxes, if any and of any kind, whether levied against Company or Authority. Company will also pay other taxes or assessments arising out of or assessed as provided elsewhere a result of the uses, rights and privileges granted Company hereunder. Company reserves the right to contest such taxes or assessments and withhold payment of such taxes and assessments upon written notice to Authority of its intent to do so, so long as the nonpayment of such taxes and assessments does not result in this Agreement, nothing in this Agreement will be construed as establishing exclusive rights, operational a lien against the Airport or otherwise, a direct liability on the part of Authority. Authority agrees to the Airlineimmediately forward to Company any notices of taxes and assessments due upon receipt of same. F. The uses, rights and privileges granted to Company pursuant to this Article will be subject to any and all reasonable and nondiscriminatory Rules, Regulations and Operating Directives established by Authority, as may be amended from time to time. G. This Agreement will not be construed to grant or authorize the granting of an exclusive right within the meaning of 49 USC 40103(e) or 49 USC 47107(a), as may be amended from time to time, and related regulations. SAMPLE H. Any and all rights and privileges not specifically granted to the Airline Company for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to Authority. G. Other than those areas used for the purpose of egress and ingress, all operations will be conducted on the Airline Premises.

Appears in 1 contract

Samples: Operating Agreement

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