Land Surfaces. The Avigation Easement shall apply only to those portions of Grantor’s Property within the Runway Safety Zone and the Fan Safety Zone, which portions are depicted on Exhibit B, are legally described in Exhibit D and Exhibit E, respectively, which are attached hereto and incorporated herein by this reference, and are collectively referred to herein as the “Land Surfaces.” Height Zone. The Avigation Easement shall apply only to those portions of the airspace above the Land Surfaces which are above the “imaginary surfaces” defined in the Federal Regulations (the “Airspace”), as the same may apply to Grantor’s Property as of the date hereof. The Airspace shall not be invaded or used by Grantor, nor shall Grantor authorize the use of the Airspace by others, without Grantee’s prior written approval; provided however that this restriction shall apply only to physical obstructions and not to telecommunication, electrical or similar waves or transmissions to and from areas below the Airspace. Grantor will not construct, install, erect, or grow upon the applicable portions of Grantor’s Property any structure, building, tree, or other object which extends into the Airspace, without the prior written approval of Grantee, which approval shall not be unreasonably withheld. Grantee shall have a continuing right to keep clear from the Airspace buildings, structures, or improvements of any kind, trees, or other objects, including the right to remove or demolish any portions of such obstructions which extend into the Airspace which Grantee has not previously approved. Assignment and Apportionment. This Agreement, including any interest in this Agreement, may be assigned by Grantor without the prior written consent of the Grantee. The Avigation Easement may be apportioned and/or transferred by Grantee to the Arapahoe County Public Airport Authority to be utilized concurrently by the Centennial Airport Authority and Grantee without approval or consideration to Grantor, provided that Grantee shall deliver to Grantor written notice prior to such apportionment or transfer, and further provided that by accepting such apportionment, the Arapahoe County Public Airport Authority thereby agrees to be bound to the provisions of this Agreement and to use the Avigation Easement pursuant to the terms hereof. Waiver of Claims. Grantor hereby waives, remises and releases any right or cause of action it may now have or which it may have in the future against the County of Xxxxxxx, as the in...
Land Surfaces. The Avigation Easement shall apply only to those portions of Grantor’s Property within the Runway Safety Zone and the Fan Safety Zone, which portions are depicted on Exhibit B, are legally described in Exhibit D and Exhibit E, respectively, which are attached hereto and incorporated herein by this reference, and are collectively referred to herein as the “Land Surfaces.” Severability. The enforceability, invalidity or illegality of any provision of this Agreement shall not render the other provisions of this Agreement unenforceable, invalid or illegal, but rather the unenforceable, invalid or illegal provisions of this Agreement shall be deemed severed from this Agreement and this Agreement shall continue in full force and effect to the greatest extent permitted by applicable law. Notwithstanding the foregoing, in the event of any such severance that would prevent either party hereto from enjoying the benefit of its bargain for which this Agreement was negotiated, the parties hereto shall revise or modify this Agreement so as to exclude any unenforceable, invalid, or illegal provision, yet allow each party to enjoy the benefit of their respective bargains. Attorney’s Fees. In the event of any litigation, controversy, claim or dispute between the parties hereto arising out of or relating to this Agreement, or the breach hereof, or the interpretation hereof, the prevailing party, whether by judgment or out of court settlement, shall be entitled to recover from the losing party, reasonable expenses, attorney’s fees and costs incurred in connection therewith, for the enforcement of any judgment or award rendered therein.
Land Surfaces. The Avigation Easement shall apply only to those portions of Grantor’s Property within the Runway Safety Zone and the Fan Safety Zone, which portions are depicted on Exhibit B, are legally described in Exhibit D and Exhibit E, respectively, which are attached hereto and incorporated herein by this reference, and are collectively referred to herein as the “Land Surfaces.”
