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Exhibit 10.23
NON-EXCLUSIVE LICENSE AGREEMENT BETWEEN
THE CITY OF LOS ANGELES AND
Preferred Transportation, Inc.
COVERING CHARTER PARTY CARRIER
TRANSPORTATION SERVICES TO AND FROM LOS
ANGELES INTERNATIONAL AIRPORT
THIS LICENSE AGREEMENT, made and entered into this 1 day of July,
1997 by and between the CITY OF LOS ANGELES, a municipal corporation
(hereinafter referred to as "City"), acting by order of and through its Board of
Airport Commissioners, (hereinafter referred , to as "Board"), and
Preferred Transportation, Inc.
(hereinafter referred to as "Licensee"),
WITNESSETH
WHEREAS, City owns and operates Los Angeles International Airport
(hereinafter referred to as "Airport"), in the City of Los Angeles, State of
California; and
WHEREAS, Licensee is the holder of a Charter Party Carrier Permit
issued by the Public Utilities Commission of the State of California
(hereinafter referred to as "P.U.C."), authorizing Licensee to transport
passengers to and from Airport on a pre-arranged charter basis with charges
assessed on a vehicle mileage or time of use basis, or a combination of the two
or the holder of authority granted by the Interstate Commerce Commission
(hereinafter referred to as "I.C.C.") to conduct similar transportation
activities; or the holder of an auto-for-hire permit issued by the City
Department of Transportation; and
WHEREAS, Licensee, desires to operate the previously described bus,
van, or limousine transportation service at Airport and to enter this License
Agreement with City in order to conduct such operations; and
WHEREAS, it is in the best interests of City and the traveling public
to make such services available;
NOW, THEREFORE, in consideration of the premises and of the covenants
and conditions hereinafter contained to be kept and performed by the parties
hereto, IT IS MUTUALLY AGREED AS FOLLOWS:
Sec. 1. Section Headings. The section headings appearing herein shall
not be deemed to govern, limit, modify or in any manner affect the scope,
meaning or intent of the provisions of this License Agreement.
Sec. 2. License. City gives Licensee, for the term and under the
conditions herein set forth, a non-exclusive license to transport passengers and
baggage by approved motor vehicles into and out of Airport in accordance with
Licensee's rights and duties under its P.U.C. Charter Party Carrier Permit,
similar
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(d) Laws of California. This License Agreement shall be construed and
enforced in accordance with the laws of the State of California.
(e) Executive Director's Approval. In each instance herein where
City's, Board's or Executive Director's approval or consent is required before
Licensee may act, such approval or consent shall not be unreasonably withheld.
(f) Gender. The use of any gender herein shall include all genders, and
the use of any number shall be construed as the singular or the plural, all as
the context may require.
(g) Section 308 . It is understood and agreed that nothing herein
contained shall be construed to grant or authorize the granting of an exclusive
right within the meaning of Section 308 of the Federal Aviation Act (49 USC
Section 1349a).
(h) Rights of U. S. Government. This License Agreement shall be
subordinate to the provisions and requirements of any existing or future
agreement between City and the United States relative to the development,
operation or maintenance of Airport.
(i) War and National Emergency. This License Agreement and all the
provisions hereof shall be subject to whatever right the United States
Government now has or in the future may have or acquire affecting the control,
operation, regulation and taking over of Airport or the exclusive or
non-exclusive use of Airport by the United States during the time of war or
national emergency.
IN WITNESS WHEREOF, City has caused this License Agreement to be
executed by Executive Director and Licensee has caused the same to be executed
by its duly authorized officers and its corporate seal to be hereunto affixed,
all as of the day and year first hereinabove written.
CITY OF LOS ANGELES
PROVED AS TO FORM By /s/ Illegible Signature
XXXXX X. XXXX ---------------------------------
CITY ATTORNEY Executive Director
Department of Airports
JUL 1, 1997
/s/ Illegible Signature
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ASSISTANT DEPUTY
ATTEST:
By /s/ Xxxxx Xxxxx By /s/ Xxxxxxx Xxxxx
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Secretary (Signature) (Signature)
Xxxxx Xxxxx Xxxxxxx Xxxxx
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(Print Name)
President
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[SEAL] (Print Title)
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(1) If Licensee is a partnership, a general partner should sign. If
Licensee is a sole proprietorship or non-corporate business, an owner should
sign.
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