Common use of Exclusions and Reservations Clause in Contracts

Exclusions and Reservations. A. Nothing in this Article will be construed as authorizing Company to conduct any business on the Premises separate and apart from the conduct of its permitted uses as described in this Article. B. Company will not use or permit the use of the Premises for commercial aviation, for hire, or which, directly or indirectly, in the sole opinion of Authority, will compete with, impair, or restrict commercial aviation activities in the general aviation commercial areas of the Airport. C. Company will not use the Premises for any purpose that would be unlawful or constitute a nuisance or interference in any way with the use and occupancy of other buildings and structures in the vicinity or neighborhood of the Premises. D. No aviation fuel or propellant may be purchased, stored, or handled on the Premises except in accordance with Standard Procedures or Operating Directives issued by Authority or by an aviation fuel vendor authorized under contract by Authority to provide such fueling service upon the Airport. E. Company will not sell, transfer, or deliver fuel from any fuel farm facility to any aircraft or to any tank or delivery device for the purpose of transferring to an aircraft other than Company’s aircraft. F. Company is not permitted to install underground storage tanks of any kind. Company will not install additional above-ground fuel storage facilities without the prior written approval of Authority. G. Company will not 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, 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 Policies, Rules, Regulations, Standard Procedures, and Operating Directives. H. The rights and privileges granted to Company pursuant to this Article will be subject to any and all Policies, Rules, Regulations, Standard Procedures, Minimum Standards, and Operating Directives established by Authority, as may be amended from time to time. I. 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 Authority or Company, 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 Company will cause cancellation of any such policy, Company will immediately, upon notification by Authority, take whatever steps or actions deemed necessary to cause reinstatement of said insurance. Furthermore, if 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 Authority’s insurance premiums, Company will immediately remedy such actions and pay the increase in premiums, upon notice from Authority to do so; but in any event, Company will hold Authority harmless for any expenses and damage resulting from any action as set forth in this paragraph. J. Company will neither park nor store any of its operational or disabled vehicles on any area other than the Premises. In the event Company fails to remove any of its operational or disabled vehicles as expeditiously as possible, Authority may, but will not be obligated to, cause the removal of such vehicles. Company will pay to Authority, upon receipt of invoice, the costs incurred for such removal plus ten percent (10%). Nonpayment of such invoice will be deemed a default of this Agreement, pursuant to the Default and Termination Article of this Agreement. K. Except as provided elsewhere in this Agreement, nothing in this Agreement will be construed as establishing exclusive rights, operational or otherwise, to Company. L. Any and all rights and privileges not specifically granted to Company for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to Authority.

Exclusions and Reservations. A. Nothing in this Article will be construed as authorizing Company to conduct any business on the Premises separate and apart from the conduct of its permitted uses as described in this Article, unless approved in advance in writing by Authority’s Representative. B. Company will only use the Premises for the uses outlined in this Article 4. Company will not use or permit the use of the Premises for commercial aviation, for hire, or any other purpose which, directly or indirectly, in the sole opinion of Authority, will compete with, impair, or restrict commercial aviation the activities in the general aviation commercial areas of any Fixed Base Operator (“FBO”) operating on the Airport. C. Company will not use the Premises for any purpose that would be unlawful or constitute a nuisance or interference in any way with the use and occupancy of other buildings and structures in the vicinity or neighborhood of the Premises. D. No aviation fuel or propellant may be purchased, stored, or handled on the Premises except in accordance with Authority’s Standard Procedures or Operating Directives issued by Authority or by an aviation fuel vendor authorized under contract by Authority to provide such fueling service upon the Airport. E. D. Company will not sell, transfer, or deliver fuel from any fuel farm facility to any aircraft or to any tank or delivery device for the purpose of transferring to an aircraft other than Company’s aircraft. F. Company is not permitted to install underground storage tanks of any kind. E. Company will not install additional above-ground fuel storage facilities without the prior written approval of Authority. F. Company will not use the groundwater under the Premises. There will be no drilling for water conducted on the Premises nor will any xxxxx be installed on the Premises other than monitoring or other xxxxx pre-approved in writing by Authority. For any dewatering activities on the Premises, a plan approved by Authority must be in place. G. Company will not 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, 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 Policies, Rules, Rules and Regulations, Standard Procedures, and Operating Directives. H. The rights and privileges granted to Company pursuant to this Article will be subject to any and all Policies, Rules, Rules and Regulations, Standard Procedures, Minimum Standards, and Operating Directives established by Authority, as may be amended from time to time. I. 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 Authority or CompanyAuthority, 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 Company Company, will cause cancellation of any such policy, Company will immediately, upon notification by Authority, take whatever steps or actions deemed necessary to cause reinstatement of said insurance. Furthermore, if 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 Authority’s insurance premiums, Company will immediately remedy such actions and pay the increase in premiums, upon notice from Authority to do so; but in any event, Company will hold Authority harmless for any expenses and damage resulting from any action as set forth in this paragraph. J. Company will neither not park nor or store any of its operational or disabled vehicles on any area other than the Premises. In the event Company fails to remove any of its operational or disabled vehicles as expeditiously as possible, Authority may, but will not be obligated to, cause the removal of such vehicles. Company will pay to Authority, upon receipt of invoice, the costs incurred for such removal plus ten fifteen percent (1015%). Nonpayment of such invoice will be deemed a default of this Agreement, pursuant to the Default and Termination Article of this Agreement. K. Authority reserves the right to access the Premises for utilities and access to adjacent sites so long as it does not adversely impact Company’s use of the Premises. L. Except as provided elsewhere in this Agreement, nothing in this Agreement will be construed as establishing exclusive rights, operational or otherwise, to Company. L. M. Any and all rights and privileges not specifically granted to Company for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to Authority. N. Company will not use, or permit any use, generally associated with (1) illegal gambling activities, (2) the placement of cell towers or antennae, except as approved and permitted, (3) the placement of billboards or other forms of outdoor advertising from which Authority would normally derive revenue, and (4) any residential use, all of which are specifically prohibited by this Agreement.

Exclusions and Reservations. A. Nothing in this Article will be construed as authorizing Company to conduct any business on the Premises separate and apart from the conduct of its permitted uses as described in this Article, unless approved in advance in writing by Authority’s Representative. B. Company will only use the Premises for the uses outlined in this Article 4. Company will not use or permit the use of the Premises for commercial aviation, for hire, or any other purpose which, directly or indirectly, in the sole opinion of Authority, will compete with, impair, or restrict commercial aviation the activities in the general aviation commercial areas of any Fixed Base Operator (“FBO”) operating on the Airport. C. Company will not use the Premises for any purpose that would be unlawful or constitute a nuisance or interference in any way with the use and occupancy of other buildings and structures in the vicinity or neighborhood of the Premises. D. No aviation fuel or propellant may be purchased, stored, or handled on the Premises except in accordance with Authority’s Standard Procedures or Operating Directives issued by Authority or by an aviation fuel vendor authorized under contract by Authority to provide such fueling service upon the Airport. E. D. Company will not sell, transfer, or deliver fuel from any fuel farm facility to any aircraft or to any tank or delivery device for the purpose of transferring to an aircraft other than Company’s aircraft. F. Company is not permitted to install underground storage tanks of any kind. E. Company will not install additional above-ground fuel storage facilities without the prior written approval of Authority. F. Company will not use the groundwater under the Premises. There will be no drilling for water conducted on the Premises nor will any xxxxx be installed on the Premises other than monitoring or other xxxxx pre-approved in writing by Authority. For any dewatering activities on the Premises, a plan approved by Authority must be in place. G. Company will not 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, 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 Policies, Rules, Rules and Regulations, Standard Procedures, and Operating Directives. H. The rights and privileges granted to Company pursuant to this Article will be subject to any and all Policies, Rules, Rules and Regulations, Standard Procedures, Minimum Standards, and Operating Directives established by Authority, as may be amended from time to time. I. 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 Authority or CompanyAuthority, 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 Company Company, will cause cancellation of any such policy, Company will immediately, upon notification by Authority, take whatever steps or actions deemed necessary to cause reinstatement of said insurance. Furthermore, if 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 Authority’s insurance premiums, Company will immediately remedy such actions and pay the increase in premiums, upon notice from Authority to do so; but in any event, Company will hold Authority harmless for any expenses and damage resulting from any action as set forth in this paragraph. J. Company will neither not park nor or store any of its operational or disabled vehicles on any area other than the Premises. In the event Company fails to remove any of its operational or disabled vehicles as expeditiously as possible, Authority may, but will not be obligated to, cause the removal of such vehicles. Company will pay to Authority, upon receipt of invoice, the costs incurred for such removal plus ten percent (10%). Nonpayment of such invoice will be deemed a default of this Agreement, pursuant to the Default and Termination Article of this Agreement. K. Authority reserves the right to access the Premises for utilities and access to adjacent sites so long as it does not adversely impact Company’s use of the Premises. L. Except as provided elsewhere in this Agreement, nothing in this Agreement will be construed as establishing exclusive rights, operational or otherwise, to Company. L. M. Any and all rights and privileges not specifically granted to Company for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to Authority. N. Company will not use, or permit any use, generally associated with (1) illegal gambling activities, (2) the placement of cell towers or antennae, except as approved and permitted, (3) the placement of billboards or other forms of outdoor advertising from which Authority would normally derive revenue, and (4) any residential use, all of which are specifically prohibited by this Agreement.

Exclusions and Reservations. A. Nothing in this Article will be construed as authorizing 1. Rail Company to conduct is prohibited from conducting any business on or engaging in any activities at the Premises separate and apart from Airport other than the conduct of its permitted uses as described in this ArticleRail Transportation Business. B. 2. Rail Company will shall not use or permit the use of the Premises for commercial aviation, for hire, or which, directly or indirectly, in the sole opinion of Authority, will compete with, impair, or restrict commercial aviation activities in the general aviation commercial areas of the Airport. C. Company will not use the Premises for any purpose that would be unlawful or constitute a nuisance or interference in any way with the use and occupancy of other buildings and structures in the vicinity or neighborhood of the Premises. D. No aviation fuel or propellant may be purchased, stored, or handled on the Premises except in accordance with Standard Procedures or Operating Directives issued by Authority or by an aviation fuel vendor authorized under contract by Authority to provide such fueling service upon the Airport. E. Company will not sell, transfer, or deliver fuel from any fuel farm facility to any aircraft or to any tank or delivery device for the purpose of transferring to an aircraft other than Company’s aircraft. F. Company is not permitted to install underground storage tanks of any kind. Company will not install additional above-ground fuel storage facilities without the prior written approval of Authority. G. Company will not knowingly interfere or permit interference by its contractors, agents, and employees with the use, operation, or maintenance of the Airport, including but not limited to, the effectiveness or accessibility of the drainage, seweragesewage, water, communications, fire protection, utility, electricelectrical, or other systems installed or located from time to time at the Airport; and Rail Company will shall not engage in any activity prohibited by the Authority’s existing or future noise abatement procedures or Authority's Policies, Rules, Regulations, Standard Procedures, and Operating Directives. H. The rights and privileges granted to Company pursuant to this Article will be subject to any and all Policies, Rules, Regulations, Standard Procedures, Minimum Standards, and Operating Directives established by Authorityapproved FAR Part 150 Noise Compatibility Study, as may be amended or supplemented from time to time. Rail Company agrees to comply with all applicable laws relating to the quality of air and noise. Upon written request of Authority, Rail Company shall cause air quality sampling to be performed to determine if indoor air quality standards are being met. I. 3. Notwithstanding the foregoing or anything to the contrary contained in this Agreement, the Authority acknowledges and agrees that any and all activities related to the use of the Premises for the Rail Transportation Business, including the use of passenger trains and its ancillary train noise and emissions, shall not be deemed to be a nuisance or an activity in violation of this Agreement, and that flammable, explosive or hazardous materials as would customarily be found in or on or used in the operation of passenger rail cars are permitted, so long as Rail Company will complies with all applicable Environmental Laws. Notwithstanding the above, this section shall not act as a waiver of Rail Company’s indemnification or insurance obligations as set forth herein. 4. Rail Company 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 Authority or Companyfor the 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 Rail Company shall do or failure to act on the part of Company will cause cancellation of any such policy, Company will immediately, upon notification by Authority, take whatever steps or actions deemed necessary to cause reinstatement of said insurance. Furthermore, if Company 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 Agreement, which act or failure, in and of itself, causes an increase in the Authority’s insurance premiums, Rail Company will shall immediately remedy such actions and and/or pay the increase in premiums, upon notice from the Authority to do so; but . Customary passenger rail operations as permitted by this Agreement shall not be deemed to be a hazardous condition and shall not result in any event, Rail Company will hold Authority harmless being responsible to pay for any expenses and damage resulting from any action as increases in insurance premiums above the requirements for insurance set forth in this paragraphherein. J. 5. Rail Company will neither park shall not operate nor store allow any Gambling on board the trains being operated as part of its operational the Rail Project for the entire length of the line from Orlando to Miami Florida. Additionally, Rail Company shall not promote, advertise or disabled vehicles encourage, or otherwise allow any third party to promote, advertise, encourage or otherwise allow Gambling on any area portion of the trains being operated as part of the Rail Project. The foregoing is referred to as the “Gambling Restriction.” Notwithstanding the above, a third party magazine available on the train that does not primarily promote Gambling, but contains some Gambling advertising along with numerous other than non-Gambling advertising such as an inflight magazine on an airplane, shall not constitute a violation of the PremisesGambling Restriction. However, a brochure or pamphlet which is primarily focused on advertising Gambling shall be prohibited. The Gambling Restriction shall remain in effect until such a time as Gambling is legal in both Miami-Dade County, Florida and Orange County, Florida and the Authority has adopted a policy allowing Gambling or Gambling promotion on the Airport. In the event Gambling becomes legal in both Miami-Dade County and Orange County, Florida, and the Authority adopts a policy allowing Gambling and/or Gambling promotion on the Airport, then the Gambling Restriction above shall be modified to match the policy adopted by the Authority regarding Gambling and/or Gambling promotion. Rail Company fails to remove shall only operate the Rail Transportation Business while on Airport property and shall not operate any of its operational or disabled vehicles concessions on Airport property except as expeditiously as possible, Authority may, but will not be obligated to, cause the removal of such vehicles. Company will pay to Authority, upon receipt of invoice, the costs incurred for such removal plus ten percent (10%). Nonpayment of such invoice will be deemed a default of otherwise permitted under this Agreement, pursuant the Rail Line Easement Agreement or the Vehicle Maintenance Facility Ground Lease Agreement. Rail Company, without the Authority’s consent, may elect to enter into concession and similar agreements for various services to be provided on the Default trains such as food and Termination Article of this Agreementbeverages, newsstand, and Wi-Fi. Rail Company’s Wi-Fi service shall be coordinated with the Wi-Fi to be provided by the Authority in the Rail Station Building. It is understood that the foregoing does not require the Rail Company to limit access to internet sites by the passengers. K. Except as provided elsewhere in this Agreement, nothing in this Agreement will be construed as establishing exclusive rights, operational or otherwise, to Company. L. 6. Any and all rights and privileges not specifically granted to Rail Company for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to the Authority.

Exclusions and Reservations. A. Nothing in this Article will be construed as authorizing Company to conduct any business on the Premises separate and apart from the conduct of its permitted uses as described in this Article, unless approved in advance in writing by Authority’s Representative. B. Company will not use or permit the use of the Premises for commercial aviation, for hire, or which, directly or indirectly, in the sole opinion of Authority, will compete with, impair, or restrict commercial aviation activities in the general aviation commercial areas of the Airport. C. Company will not use the Premises for any purpose that would be unlawful or constitute a nuisance or interference in any way with the use and occupancy of other buildings and structures in the vicinity or neighborhood of the Premises. D. No aviation fuel or propellant may be purchased, stored, or handled on the Premises except in accordance with Authority’s Standard Procedures or Operating Directives issued by Authority or by an aviation fuel vendor authorized under contract by Authority to provide such fueling service upon the Airport. E. D. Company will not sell, transfer, or deliver fuel from any fuel farm facility to any aircraft or to any tank or delivery device for the purpose of transferring to an aircraft other than Company’s aircraft. F. Company is not permitted to install underground storage tanks of any kind. E. Company will not install additional above-ground fuel storage facilities without the prior written approval of Authority. F. Company will not use the groundwater under the Premises. There will be no drilling for water conducted on the Premises nor will any xxxxx be installed on the Premises other than monitoring or other xxxxx pre-approved in writing by Authority. For any dewatering activities on the Premises, a plan approved by Authority must be in place. G. Company will not 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, 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 Policies, Rules, Rules and Regulations, Standard Procedures, and Operating Directives. H. The rights and privileges granted to Company pursuant to this Article will be subject to any and all Policies, Rules, Rules and Regulations, Standard Procedures, Minimum Standards, and Operating Directives established by Authority, as may be amended from time to time. I. 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 Authority or CompanyAuthority, 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 Company Company, will cause cancellation of any such policy, Company will immediately, upon notification by Authority, take whatever steps or actions deemed necessary to cause reinstatement of said insurance. Furthermore, if 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 Authority’s insurance premiums, Company will immediately remedy such actions and pay the increase in premiums, upon notice from Authority to do so; but in any event, Company will hold Authority harmless for any expenses and damage resulting from any action as set forth in this paragraph. J. Company will neither not park nor or store any of its operational or disabled vehicles on any area other than the Premises. In the event Company fails to remove any of its operational or disabled vehicles as expeditiously as possible, Authority may, but will not be obligated to, cause the removal of such vehicles. Company will pay to Authority, upon receipt of invoice, the costs incurred for such removal plus ten percent (10%). Nonpayment of such invoice will be deemed a default of this Agreement, pursuant to the Default and Termination Article of this Agreement. K. Except as provided elsewhere in this Agreement, nothing in this Agreement will be construed as establishing exclusive rights, operational or otherwise, to Company. L. Any and all rights and privileges not specifically granted to Company for its use of and operations at the Airport pursuant to this Agreement are hereby reserved for and to Authority. M. Company will not use, or permit any use, generally associated with (1) illegal gambling activities, (2) the placement of cell towers or antennae, except as approved and permitted, (3) the placement of billboards or other forms of outdoor advertising from which Authority would normally derive revenue, and (4) any residential use, all of which are specifically prohibited by this Agreement.