Security and Payment of Fines for Violation of Federal Regulations. 17.8.1 Airline acknowledges that security is of primary importance at the Airport and that security requirements are likely to change during the Term. Airline, its officers, employees, representatives, agents, servants, subtenants, consultants, contractors, successors, assigns and suppliers and those under its control, shall comply with security measures
(a) required of Airline by the FAA or the TSA or by the Port in accordance with applicable requirements of the FAA or the TSA or their authorized successor(s) or (b) contained in any Airport master security plan approved by the FAA or the TSA or their authorized successor(s). Airline shall comply, at its own expense, with the TSA’s security requirements applicable to Airline at the Airport including, but not limited to, employee security training, badging, criminal background checks, access control, screening and inspections. Airline shall cooperate with the TSA on all security matters.
17.8.2 Compliance with such security measures and requirements shall not relieve Airline of its responsibility for maintaining proper security for the above-noted items, nor shall it be construed as limiting in any manner Airline’s obligations with respect to all Applicable Laws and its duty to undertake reasonable action to establish and maintain secure conditions at and around the Premises. To comply with any applicable TSA requirements for areas under Airline’s exclusive control, Airline hereby agrees to execute a reasonable exclusive area agreement pursuant to 49 C.F.R. 1542.111 with the Port in form and substance which is reasonably acceptable to the parties. Airline accepts security responsibility to use commercially reasonable efforts to prevent unauthorized access to or from the Premises. Airline shall be responsible for preventing unauthorized persons from gaining access to the restricted areas of the Airport through the Premises during times and to the extent that Airline has control of the Premises.
17.8.3 Airline understands and agrees that security requirements may affect Airline’s air transportation business operations and costs. Airline shall be strictly liable for the payment of any fines assessed by the Port or the payment of (or reimbursement of Port for any payments of) any civil penalties assessed against Port or Airline relating to security and resulting from the negligence or intentional acts of omission or commission of Airline’s officers, employees, representatives, agents, servants, subtenants, cons...
