Passage of Aircraft. A perpetual nonexclusive easement and right of way for the “Passage of Aircraft” (as hereinafter defined) by whomsoever owned and operated in, to, over and through all air space of the Property located above the height of the lowest of the “imaginary
Passage of Aircraft. A perpetual nonexclusive easement and right of way for the “Passage of Aircraft” (as hereinafter defined) by whomsoever owned and operated in, to, over and through all air space of the Property located above the height of the lowest of the “imaginary surfaces” established in relation to the Airport and to each runway at the Airport in accordance with the applicable provisions of Federal Aviation Administration (FAA) regulations set forth in 14 C.F.R. §§77.21-77.29 (as the same may be amended from time to time), to an indefinite height above said imaginary surfaces. As used herein, the term “Aircraft” shall mean any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air, and the term “Passage of Aircraft” shall include, but not be limited to, Aircraft operation, navigation and flight; however, except to the extent constituting “Incidental Effects” as provided in Section 1.2 below, the term “Passage of Aircraft” shall not include Aircraft landing, explosion, crash, falling objects, dumping or spillage of liquid fuel or other occurrence causing direct physical injury to persons or direct physical damage to property. Without limiting the generality of the foregoing paragraph, Grantor acknowledges and agrees that the Property is subject in all respects to the following (collectively the “Airport Regulations”): (i) all current and future FAA regulations, as applicable, (ii) any regulations or ordinances previously or hereafter adopted by Grantee, as applicable, or (iii) any other federal, state or local law, ordinance or regulation relating to the Airport. Grantee further acknowledges that current and future Airport Regulations may restrict the height of obstructions of the Property or otherwise require the clearing or removal of obstructions located on the Property. Such obstructions may include, without limitation, trees, shrubs, any other object of natural growth, buildings, structures, towers, antennae, and the like. The easement granted herein shall include a right of access to clear, remove, destroy, shorten, or otherwise alter any such obstructions as may be necessary to ensure the safe passage of Aircraft in accordance with federal, state, and local law. Grantee agrees that, to the extent the removed obstructions have commercial value (for example, timber) and to the extent that such removed obstructions are in fact sold or otherwise generate revenues to Grantee, it will remit the net proceeds remaining after...
