Common use of Government Inclusion Clause in Contracts

Government Inclusion. 24.1 This Agreement shall be subordinate to the provisions of any existing or future agreements between County and the United States government relative to the operation or maintenance of Airport, the execution of which has been or will be required as a condition precedent to the granting of Federal Funds for the development of Airport to the extent that the provisions of any such existing or future agreements are generally required by the United States or other civil airports receiving Federal Funds. County agrees to give Airline written notice in advance of the execution of such agreements of any provisions which will modify the terms of this Agreement. A. Airline, for itself, its successors in interest and assigns, does hereby covenant and agree as a covenant running with the land that (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of the Airline Premises; (2) in the construction of any improvements on, over, or under the Airline Premises and the furnishing of services thereon, no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (3) Airline will use the Airline Premises in compliance with all other requirements imposed by or pursuant to 14 CFR 152 and Title VI of the Civil Rights Act of 1964, and as said Title and Regulations may be amended. Airline shall comply with laws of the State of Florida prohibiting discrimination on the basis of sex, religion, age or physical handicap. Should the Airline authorize another person, with County’s prior written consent, to provide services or benefits upon the Airline Premises, Airline shall obtain from such person a written agreement pursuant to which such person shall, with respect to the services or benefits which it is authorized to provide, undertake for itself the obligations contained in this paragraph. Airline shall furnish a copy of such agreement to County. B. In the event the breach of any of the above nondiscrimination covenants shall constitute an Event of Default by Airline, County shall have the right to terminate this Agreement and to reenter and repossess the Airline Premises and the facilities thereon, and hold the same as if this Agreement had never been made or issued. The right granted to County by the foregoing sentence shall not be effective until applicable procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or expiration of appeal rights. C. County may from time to time be required by the United States government, or its agencies to adopt additional or amended provisions including nondiscrimination provisions, concerning the use and operation of Airport, and Airline agrees that it will adopt any such requirements as a part of this Agreement. D. Notwithstanding anything herein contained that may be or appear to the contrary, the rights, privileges and licenses granted under this Agreement (except in the Exclusively Leased Premises and Joint Use Premises) are “non-exclusive” and County reserves the right to grant similar privileges to other Air Carriers on other parts of Airport. E. Airline shall comply with all applicable regulations of the FAA relating to Airport security and shall control the Airline Premises so as to prevent or deter unauthorized persons from obtaining access to the air operations of Airport. F. County reserves unto itself, its successors, and assigns for the use and benefit or the public, a right of flight for the passage of aircraft in the airspace above the surface of the premises, for navigation or flight in the said airspace for landing on, taking off from or operating on Airport. G. Airline expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the Airline Premises to such a height so as to comply with Federal Aviation Regulations, Part 77. H. Airline shall cause any lights on Airline Premises to be constructed, focused or arranged in a manner that will prevent them from casting their beams in an upward direction so as to interfere with the vision of pilots in aircraft landing or taking off from Airport. I. Airline expressly agrees for itself, its successors and assigns, to prevent any use of the Airline Premises which would interfere with or adversely affect the operation or maintenance of Airport, or otherwise constitute an Airport hazard.

Government Inclusion. 24.1 22.1 This Agreement shall be subordinate to the provisions of any existing or future agreements between County and the United States government relative to the operation or maintenance of Airport, the execution of which has been or will be required as a condition precedent to the granting of Federal Funds federal funds, the transfer of federal rights or property to the County for Airport purposes, or the expenditure of federal funds for the improvements or development of Airport to the extent that the provisions of any such existing or future agreements are generally required by the United States or other civil airports receiving Federal Fundsfederal funds. County agrees to give Airline written notice in advance of the execution of such agreements of any provisions which will modify the terms of this Agreement. This Agreement is subject and subordinate to the terms and conditions of the instruments and documents under which the County acquired the Airport from the United States of America and shall be given only such effect as will not conflict or be inconsistent with the terms and conditions contained in such instruments and documents and any existing or subsequent amendments thereto. A. Airline, for itself, its successors in interest and assigns, does hereby covenant and agree as a covenant running with the land that (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of the Airline Premises; (2) in the construction of any improvements on, over, or under the Airline Premises and the furnishing of services thereon, no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (3) Airline will use the Airline Premises in compliance with all other requirements imposed by or pursuant to 14 CFR 152 and Title VI of the Civil Rights Act of 1964, and as said Title and Regulations may be amended. Airline shall comply with laws of the State of Florida prohibiting discrimination on the basis of sex, religion, age or physical handicap. Should the Airline authorize another person, with County’s 's prior written consent, to provide services or benefits upon the Airline Premises, Airline shall obtain from such person a written agreement pursuant to which such person shall, with respect to the services or benefits which it is authorized to provide, undertake for itself the obligations contained in this paragraphsection. Airline shall furnish a copy of such agreement to County. B. In the event the breach of any of the above nondiscrimination covenants shall constitute an Event of Default by Airline, County shall have the right to terminate this Agreement and to reenter and repossess the Airline Premises and the facilities thereon, and hold the same as if this Agreement had never been made or issued. The right granted to County by the foregoing sentence shall not be effective until applicable procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or expiration of appeal rights. C. County may from time to time be required by the United States government, or its agencies to adopt additional or amended provisions including nondiscrimination provisions, concerning the use and operation of Airport, and Airline agrees that it will adopt any such requirements as a part of this Agreement. D. C. Notwithstanding anything herein contained that may be or appear to the contrary, the rights, privileges and licenses granted under this Agreement (except in the Exclusively Leased Premises and Joint Use Premises) are “non-"non- exclusive” " and County reserves the right to grant similar privileges to other Air Carriers on other parts of Airport. E. D. Airline shall comply with all applicable regulations of the FAA and the TSA relating to Airport security and shall control the Airline Premises so as to prevent or deter unauthorized persons from obtaining access to the air operations of Airport. F. E. County reserves unto itself, its successors, and assigns for the use and benefit or the public, a right of flight for the passage of aircraft in the airspace above the surface of the premises, for navigation or flight in the said airspace for landing on, taking off from or operating on Airport. G. Airline expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the Airline Premises to such a height so as to comply with Federal Aviation Regulations, Part 77. H. Airline shall cause any lights on Airline Premises to be constructed, focused or arranged in a manner that will prevent them from casting their beams in an upward direction so as to interfere with the vision of pilots in aircraft landing or taking off from Airport. I. Airline expressly agrees for itself, its successors and assigns, to prevent any use of the Airline Premises which would interfere with or adversely affect the operation or maintenance of Airport, or otherwise constitute an Airport hazard.

Government Inclusion. 24.1 This 22.01 Airline covenants and agrees that this Agreement shall be subordinate to the provisions of any existing or future agreements between County Authority and the United States government Government, relative to the operation or maintenance of Airport, the execution of which has been or will be required as a condition precedent to the granting of Federal Funds for the development of Airport to the extent that the provisions of any such existing or future agreements are generally required by the United States or at other civil airports receiving Federal Funds. County Funds and provided that Authority agrees to give Airline written notice in advance of the execution of such agreements of any provisions which will modify the terms of this Agreement. A. Airline, for itself, its successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of the Premises including any improvements assigned to Airline hereunder (collectively referred to hereinafter as the "Assigned Premises"), or the Airport under the provisions of this Agreement; (2) that in the construction of any improvements on, over, or under the Airline Assigned Premises and the furnishing of services thereon, no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (3) that Airline will shall use the Airline Assigned Premises in compliance with all other requirements imposed by or pursuant to 14 CFR 152 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Title and Regulations may be amended. Likewise, Airline shall comply with laws of the State of Florida prohibiting discrimination on the basis because of sex, religion, age age, race, color, national origin, marital status or physical handicap. Should the Airline authorize another person, with County’s Authority's prior written consent, to provide services or benefits upon the Airline Assigned Premises, Airline shall obtain from such person a written agreement pursuant to which such person shall, with respect to the services or benefits which it is authorized to provide, undertake for itself the obligations contained in this paragraph. Airline shall furnish a copy the original of such agreement to CountyAuthority. B. Authority may from time to time be required by the United States Government, or one or more of its agencies, to adopt additional or amended provisions including nondiscrimination provisions, concerning the use and operation of Airport, and Airline agrees that it will adopt any such requirement as a part of this Agreement. C. In the event the of breach of any of the above nondiscrimination covenants shall constitute an Event of Default by Airlinecovenants, County Authority shall have the right to terminate this Agreement and to reenter re-enter and repossess the Airline Premises and the facilities thereonsaid Assigned Premises, and hold the same as if this Agreement had never been made or issued. The right granted to County Authority by the foregoing sentence shall not be effective until applicable procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or expiration of appeal rights. C. County may D. Further, Airline assures Authority that no person shall be excluded on the grounds of race, creed, color, national origin or sex from time to time be required participating in or receiving the services or benefits of any program or activity covered by the United States governmentTitle 14, or its agencies to adopt additional or amended provisions including nondiscrimination provisionsCode of Federal Regulations, concerning the use and operation of AirportPart 152, Subpart E, Federal Aviation Administration, Non-discrimination in Airport Aid Program, and Airline agrees that it will adopt any be bound by and comply with all other applicable provisions of such requirements Subpart E, as a part of this Agreementit may be amended. Airline also assures Authority that it will require its covered suborganizations to provide written assurances to the same effect and provide copies thereof to Authority. D. E. In addition, Airline assures the Authority that it will comply with pertinent statutes, executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, national origin, sex, age or handicap be excluded from participating in any activity conducted at or in connection with its operations at the Assigned Premises. Airline also assures Authority that it will require its contractors and sublessees to provide assurances to the same effect and ensure that such assurances are included in contracts and subleases at all tiers which are entered into in connection with Airline's operations at the Assigned Premises. F. If Airline shall furnish any services to the public at the Airport, it shall furnish said services on a fair, equal and not unjustly discriminatory basis to all users thereof and shall charge fair, reasonable and not unjustly discriminatory prices for each unit of service, provided that Airline shall be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar types of price reductions to volume purchasers, if any. G. Notwithstanding anything herein contained that may be or appear to the contrary, it is expressly understood and agreed that the rights, privileges and licenses rights granted under this Agreement (except in the Exclusively Leased Assigned Premises and Joint Use Premises) are “"non-exclusive” " and County Authority reserves the right to grant similar privileges to other Air Carriers air transport operators on other parts of Airport. E. H. Airline shall comply with all applicable regulations of the FAA relating to Airport security and shall control the Airline Assigned Premises so as to prevent or deter unauthorized persons from obtaining access to the air operations area of Airport. F. County I. Authority reserves unto itself, its successors, and assigns assigns, for the use and benefit or of the public, a right of flight for the passage of aircraft in the airspace above the surface of the premisesAssigned Premises, for navigation or flight in the said airspace for landing on, taking off from or operating on Airport. G. J. Airline expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the Airline Assigned Premises to such a height so as to comply with Federal Aviation Regulations, Part 77. H. K. Airline shall cause agrees to require any lights on Airline Assigned Premises to be constructed, focused or arranged in a manner that will prevent them from casting their beams in an upward direction so as to interfere with the vision of pilots in aircraft landing or taking off from Airport. I. L. Airline expressly agrees for itself, its successors and assigns, to prevent any use of the Airline Assigned Premises which would interfere with or adversely affect the operation or maintenance of Airport, or otherwise constitute an Airport hazard.