Common use of Exclusions and Reservations Clause in Contracts

Exclusions and Reservations. (a) The Premises, and Xxxxxxxxx's leasehold estate hereunder, specifically exclude any and all Airspace. There are hereby reserved to Department all rights to own, lease, sell, assign, transfer, utilize, develop or exploit the Airspace for purposes of pursuing Business Opportunities to the extent permitted under, and subject to the terms of, Section 20.2 of the Agreement; and Developer shall not engage in any activity respecting or infringing upon the Airspace. Department hereby reserves a non-exclusive easement over the Premises for access to and from the Airspace for development, maintenance, repair, replacement, operation, use and enjoyment of the Airspace for such purpose. (Airspace shall have the meaning provided in the Agreement.) (b) Department reserves the right to enter upon, possess, control and utilize the Premises with or without payment of compensation to Developer to the extent and only to the extent specifically permitted in the Contract Documents. (c) Department reserves the right to grant to other parties utility and other permits and easements and modifications thereto and rights of use to the extent and only to the extent provided in Sections 4.5.5 and 5.2.6 of the Agreement.