Common use of Right to Operate Clause in Contracts

Right to Operate. The City grants Operator the exclusive right to operate Heliport as a public use heliport in accordance with the provisions of this Agreement. Operator acknowledges that this Agreement does not convey or transfer a real property interest, but rather shall be deemed to be an agreement by the City to allow Operator to enter and operate facilities on the Heliport to perform the services that are the subject of this Agreement. Subject to the provisions of this Agreement, Operator shall have the exclusive right and duty to manage, direct and control the Heliport without interference by nongovernmental third parties; provided, that Operator shall not enter into any contracts or other agreements relating to the Heliport that extend past the Term of this Agreement. All such agreements must be terminable upon a twenty five (25) day notice period. Operator may, at its sole risk and expense, construct or relocate helicopter-related facilities and infrastructures (such as a hangar) within the Heliport subject to prior review and written approval by Agreement Administrator of Operator’s plans. All facilities constructed by Operator hereunder, improvements made thereon or improvements made to existing premises by Operator shall be made in compliance with all local, state and federal laws, rules and regulations, and shall, at the option of the City, be owned by the City as part of the Heliport. Operator shall not unlawfully discriminate against any person or entity in the operation of the Heliport. The City or Agreement Administrator may preclude certain types of helicopters during certain hours of operation. Operator acknowledges that the hours of operation of the Heliport for take-offs and landings shall be limited on Monday through Friday to 7:00 a.m. to 10:00 p.m.; no tourist flights will operate between the hours of 7PM to 10 PM seven days a week. The Heliport will operate from 7:00 a.m. to 5:00 p.m. on Saturdays and Sundays, unless otherwise modified by the City but no tourist flights will operate from 7AM to 9AM on Saturdays and Sundays other than for emergency landings and take-offs. Emergency landings and take-offs shall be those (i) used by any emergency service of any level of government (e.g., police, fire, military), (ii) used for time-critical medical treatment purposes, (iii) used in addressing any condition where a threat to human life or safety or damage to property is present or imminent, or (iv) by operators experiencing in-flight mechanical difficulties.

Right to Operate. (a) The City grants Operator the exclusive right to operate Heliport as a public use heliport in accordance with the provisions of this Agreement. Operator acknowledges that this Agreement does not convey or transfer a real property interest, but rather shall be deemed to be an agreement by the City to allow Operator to enter and operate facilities on the Heliport to perform the services that are the subject of this Agreement. . (b) Subject to the provisions of this Agreement, Operator shall have the exclusive right and duty to manage, direct and control the Heliport without interference by nongovernmental third parties; provided, that Operator shall not enter into any contracts or other agreements relating to the Heliport that extend past the Term of this Agreement. All such agreements must be terminable upon a twenty twenty-five (25) day notice period. Operator may, at its sole risk and expense, construct or relocate helicopter-related facilities and infrastructures . (such as a hangarc) within the Heliport subject to prior review and written approval by Agreement Administrator of Operator’s plans. All facilities constructed by Operator hereunder, improvements made thereon or improvements made to existing premises by Operator shall be made in compliance with all local, state and federal laws, rules and regulations, and shall, at the option of the City, be owned by the City as part of the Heliport. Operator shall not unlawfully discriminate against any person or entity in the operation of the Heliport. . (d) The City or Agreement Administrator may preclude prelude certain types of helicopters during certain hours of operation. Operator acknowledges that the hours of operation of the Heliport DMH for take-offs and landings shall be limited on as follows unless otherwise modified by the City: (i) Monday through Friday to 7:00 a.m. to 10:00 p.m.; no tourist flights will operate between the hours of 7PM Tourist Flights from 9:00 a.m. to 10 PM seven days a week. The Heliport will operate 7:00 p.m. only; (ii) Saturdays from 7:00 a.m. to 7:00 p.m.; Tourist Flights from 9:00 a.m. to 7:00 p.m. only; Tourist Flight Operations shall not exceed three hundred Tourist Flight Operations on any Saturday; and (iii) Sundays from 7:00 a.m. to 5:00 p.m. on Saturdays and Sundaysp.m.; no Tourist Flights Notwithstanding the above, unless otherwise modified by the City but no tourist flights will operate from 7AM to 9AM on Saturdays and Sundays other than DMH may be used for emergency landings and take-offstake- offs at any time. Emergency landings and take-offs off shall be those (i) used by any emergency service of any level of government (e.g., police, fire, military), (ii) used for time-critical medical treatment purposes, (iii) used in addressing any condition conditions where a threat to human life or safety or damage to property is present or imminent, or (iv) by operators experiencing in-flight mechanical difficulties. (e) Tourist Flights shall not exceed 29,650 flights per year. (f) The City reserves the right to reduce the maximum number of Tourist Flight Operations by an additional 50% for any or all of the remainder of the Term if: (i) Tourist Flight Operations in any given month exceed the level for that month set forth in this Section; or (ii) on more than five occasions, other than in cases of emergency, Tourist Flight Operations cross over land or piers, including those lands or piers on Governors Island or Staten Island, and are documented as having done so by an independent professional commissioned by the Agreement Administrator and paid for by the Operator. Upon each additional occurrence of the facts set forth in subparagraph (i) or (ii) above, pursuant to the terms herein, the City shall have the right to reduce the then maximum number of Tourist Flight Operations by an additional 50%.

Right to Operate. The City grants Operator the exclusive right to operate Heliport as a public use heliport heliport, subject to all necessary regulatory approvals and in accordance with the provisions of this Agreement. Operator acknowledges that this Agreement does not convey or transfer a real property interest, but rather shall be deemed to be an agreement by the City to allow Operator to enter and operate facilities on the Heliport to perform the services that are the subject of this Agreement. . (a) Subject to the provisions of this Agreement, Operator shall have the exclusive right and duty to manage, direct and control the Heliport without interference by nongovernmental third parties; provided, that Operator shall not enter into any contracts or other agreements relating to the Heliport that extend past the Term of this Agreement. All such agreements must be terminable upon a twenty twenty-five (25) day notice period. . (b) Operator may, at its sole risk and expense, construct or relocate helicopter-related facilities and infrastructures (such as a hangar) within the Heliport subject to prior review and written approval by Agreement Administrator of Operator’s plans. All facilities constructed by Operator hereunder, improvements made thereon thereon, or improvements made to existing premises by Operator shall be made in compliance with all local, state and federal laws, rules and regulations, and shall, at the option of the City, be owned by the City as part of the Heliport. . (c) Operator shall not unlawfully discriminate against any person or entity in the operation of the Heliport. . (d) The City or Agreement Administrator may preclude certain types of helicopters during certain hours of operationoperation except to the extent prohibited by law. Operator acknowledges that the hours of operation of the Heliport for flight operations (i.e., take-offs and landings or landings) shall be limited on to the following: (i) Monday through Friday to 7:00 8:00 a.m. to 10:00 9:00 p.m.; Tourist Flights from 9:00 a.m. to 7:00 p.m. only (ii) Saturdays from 8:00 a.m. to 7:00 p.m.; Tourist Flights from 9:00 a.m. to 7:00 p.m. only; Tourist Flight Operations shall not exceed three hundred Tourist Flight Operations on any Saturday; and (iii) Sundays from 8:00 a.m. to 5:00 p.m.; no tourist flights will operate between Tourist Flights. Notwithstanding the hours of 7PM to 10 PM seven days a week. The Heliport will operate from 7:00 a.m. to 5:00 p.m. on Saturdays and Sundaysabove, unless otherwise modified by the City but no tourist flights will operate from 7AM to 9AM on Saturdays and Sundays other than DMH may be used for emergency landings and take-offsoffs at any time. Emergency landings and take-offs shall be those (i) used by any emergency service of any level of government (e.g., police, fire, military), (ii) used for time-critical medical treatment purposes, (iii) used in addressing any condition conditions where a threat to human life or safety or damage to property is present or imminent, or (iv) by operators experiencing in-flight mechanical difficulties. (e) Tourist Flights shall not exceed 29,650 flights per year and a per month limit as outlined in Exhibit M. (f) The City reserves the right to reduce the maximum number of Tourist Flight Operations by an additional 50% for any or all of the remainder of the Term if: (i) Tourist Flight Operations in any given month exceed the level for that month set forth in this Section; or (ii) on more than five occasions, other than in cases of emergency, Tourist Flight Operations cross over land or piers, including those lands or piers on Governors Island or Staten Island, and are documented as having done so by an independent professional commissioned by the Agreement Administrator and paid for by the Operator. Upon each additional occurrence of the facts set forth in subparagraph (i) or (ii) above, pursuant to the terms herein, the City shall have the right to reduce the then maximum number of Tourist Flight Operations by an additional 50%. (g) Doors-off operations are strictly prohibited.

Right to Operate. The City grants Operator the exclusive right to operate Heliport as a public use heliport with Berthing Services, subject to all necessary regulatory approvals and in accordance with the provisions of this Agreement. Operator acknowledges that this Agreement does not convey or transfer a real property interest, but rather shall be deemed to be an agreement by the City to allow Operator to enter and operate facilities on the Heliport to perform the services that are the subject of this Agreement. . (a) Subject to the provisions of this Agreement, Operator shall have the exclusive right and duty to manage, direct and control the Heliport without interference by nongovernmental third parties; provided, that Operator shall not enter into any contracts or other agreements relating to the Heliport that extend past the Term of this Agreement. All such agreements must be terminable upon a twenty twenty-five (25) day notice period. . (b) Operator may, at its sole risk and expense, construct or relocate helicopter-helicopter- related facilities and infrastructures (such as a hangar) within the Heliport subject to prior review and written approval by Agreement Administrator of Operator’s plans. All facilities constructed by Operator hereunder, improvements made thereon thereon, or improvements made to existing premises by Operator shall be made in compliance with all local, state and federal laws, rules and regulations, and shall, at the option of the City, be owned by the City as part of the Heliport. . (c) Operator shall not unlawfully discriminate against any person or entity in the operation of the Heliport. . (d) The City or Agreement Administrator may preclude certain types of helicopters during certain hours of operationoperation except to the extent prohibited by law. Operator acknowledges that there is (a) an annual limit of 29,650 Tourist Flight Operations and a per month limit as outlined in Exhibit M and (b) the hours of operation of the Heliport for flight operations (i.e., take-offs and landings or landings) shall be limited on to the following: (i) Monday through Friday to 7:00 a.m. to 10:00 p.m.; no tourist flights will operate between the hours of 7PM Tourist Flights from 9:00 a.m. to 10 PM seven days a week. The Heliport will operate 7:00 p.m. only (ii) Saturdays from 7:00 a.m. to 7:00 p.m.; Tourist Flights from 9:00 a.m. to 7:00 p.m. only (iii) Sundays from 7:00 a.m. to 5:00 p.m. on Saturdays and Sundays, unless otherwise modified by the City but p.m.; no tourist Tourist Flights The only allowable flights will operate from 7AM to 9AM on Saturdays and Sundays other than for during all hours are emergency landings and take-offs. Emergency landings and take-offs shall be those (i) used by any emergency service of any level of government (e.g., police, fire, military), (ii) used for time-critical medical treatment purposes, (iii) used in addressing any condition where a threat to human life or safety or damage to property is present or imminent, or (iv) by operators experiencing in-flight mechanical difficulties. (e) The City reserves the right to reduce the maximum number of Tourist Flight Operations by an additional 50% for any or all of the remainder of the Term if: (i) Tourist Flight Operations in any given month exceed the level for that month set forth in this Section; or (ii) on more than five occasions, other than in cases of emergency, Tourist Flight Operations cross over land or piers, including those lands or piers on Governors Island or Staten Island, and are documented as having done so by an independent professional commissioned by the Agreement Administrator and paid for by the Operator. Upon each additional occurrence of the facts set forth in subparagraph (i) or (ii) above, pursuant to the terms herein, the City shall have the right to reduce the then maximum number of Tourist Flight Operations by an additional 50%. (f) Doors-off operations are strictly prohibited.

Right to Operate. The City grants Operator the exclusive right to operate Heliport as a public use heliport heliport, subject to all necessary regulatory approvals and in accordance with the provisions of this Agreement. Operator acknowledges that this Agreement does not convey or transfer a real property interest, but rather shall be deemed to be an agreement by the City to allow Operator to enter and operate facilities on the Heliport to perform the services that are the subject of this Agreement. . (a) Subject to the provisions of this Agreement, Operator shall have the exclusive right and duty to manage, direct and control the Heliport without interference by nongovernmental third parties; provided, that Operator shall not enter into any contracts or other agreements relating to the Heliport that extend past the Term of this Agreement. All such agreements must be terminable upon a twenty twenty-five (25) day notice period. . (b) Operator may, at its sole risk and expense, construct or relocate helicopter-helicopter- related facilities and infrastructures (such as a hangar) within the Heliport subject to prior review and written approval by Agreement Administrator of Operator’s plans. All facilities constructed by Operator hereunder, improvements made thereon thereon, or improvements made to existing premises by Operator shall be made in compliance with all local, state and federal laws, rules and regulations, and shall, at the option of the City, be owned by the City as part of the Heliport. . (c) Operator shall not unlawfully discriminate against any person or entity in the operation of the Heliport. . (d) The City or Agreement Administrator may preclude certain types of helicopters during certain hours of operationoperation except to the extent prohibited by law. Operator acknowledges that the hours of operation of the Heliport for flight operations (i.e., take-offs and landings or landings) shall be limited on to the following: (i) Monday through Friday to 7:00 8:00 a.m. to 10:00 9:00 p.m.; no tourist flights will operate between the hours of 7PM Tourist Flights from 9:00 a.m. to 10 PM seven days a week. The Heliport will operate 7:00 p.m. only (ii) Saturdays from 8:00 a.m. to 7:00 p.m.; Tourist Flights from 9:00 a.m. to 7:00 p.m. only; Tourist Flight Operations shall not exceed three hundred Tourist Flight Operations on any Saturday; and (iii) Sundays from 8:00 a.m. to 5:00 p.m. on Saturdays and Sundays, unless otherwise modified by the City but no tourist flights will operate from 7AM to 9AM on Saturdays and Sundays other than for emergency landings and take-offs. Emergency landings and take-offs shall be those (i) used by any emergency service of any level of government (e.g., police, fire, military), (ii) used for time-critical medical treatment purposes, (iii) used in addressing any condition where a threat to human life or safety or damage to property is present or imminent, or (iv) by operators experiencing in-flight mechanical difficulties.p.m.;