Common use of Limitations on Use of Airport Clause in Contracts

Limitations on Use of Airport. 9.1. Licensee shall not use Airport, nor any portion thereof, for any purpose other than that hereinabove set forth above, without first having had and obtained the written consent of the Executive Director, which consent may be withheld in the Executive Director's sole discretion, and which written consent is approved as to form by the City Attorney. 9.2. There is hereby reserved to City, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of Airport. This public right of flight shall include the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through said airspace or landing at, taking off from, or operating on Airport. Licensee agrees not to make any claim or institute legal action against City under any theory of recovery for any interference with Licensee's use and enjoyment of Airport which may result from noise emanating from the operation of aircraft to, from, or upon Airport. 9.3. Licensee, by accepting this License, agrees for itself and its successors and assigns that it will not make use of Airport in any manner which would interfere with the landing and taking off of aircraft from Airport or otherwise constitute a hazard to such operations. In the event the aforesaid covenant is breached, City reserves the right to take all action it deems necessary to cause the abatement of such interference at the expense of Licensee. 9.4. Licensee shall conduct its operations on Airport in such manner as to reduce as much as is reasonably practicable, considering the nature and extent of said operations, any and all activities which interfere unreasonably with the use of other premises at Airport, including, but not limited to, the emanation from Airport of noise, vibration, movements of air, fumes, and odors. 9.5. Licensee is prohibited from installing or using any wireless workstations, access control equipment, wireless internet servers, application or system software such as transceivers, modems, or other interface units that access frequencies from 2.0 Gigahertz to

Limitations on Use of Airport. 9.11.1. Licensee shall not use Airport, nor any portion thereof, for any purpose other than that hereinabove set forth above, without first having had and obtained the written consent of the Chief Executive DirectorOfficer, which consent may be withheld in the Chief Executive DirectorOfficer's sole discretion, and which written consent is approved as to form by the City Attorney. 9.21.2. There is hereby reserved to CityLAWA, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of Airport. This public right of flight shall include the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through said airspace or landing at, taking off from, or operating on Airport. Licensee agrees not to make any claim or institute legal action against City LAWA under any theory of recovery for any interference with Licensee's use and enjoyment of Airport which may result from noise emanating from the operation of aircraft to, from, or upon Airport. 9.31.3. Licensee, by accepting this License, agrees for itself and its successors and assigns that it will not make use of Airport in any manner which would interfere with the landing and taking off of aircraft from Airport or otherwise constitute a hazard to such operations. In the event the aforesaid covenant is breached, City LAWA reserves the right to take all action it deems necessary to cause the abatement of such interference at the expense of Licensee. 9.41.4. Licensee shall conduct its operations on Airport in such manner as to reduce as much as is reasonably practicable, considering the nature and extent of said operations, any and all activities which interfere unreasonably with the use of other premises at Airport, including, but not limited to, the emanation from Airport of noise, vibration, movements of air, fumes, and odors. 9.51.5. Licensee is prohibited from installing or using any wireless workstations, access control equipment, wireless internet servers, application or system software such as transceivers, modems, or other interface units that access frequencies from 2.0 Gigahertz to

Limitations on Use of Airport. 9.1. 1.1 Licensee shall not use the Airport, nor any portion thereof, for any purpose other than that hereinabove set forth aboveabove in Article 1, without first having had and obtained the written consent of the Chief Executive DirectorOfficer, which consent may be withheld in the Chief Executive Director's Officer’s sole discretion, and which written consent is approved as to form by the City Attorney. 9.2. 1.2 There is hereby reserved to City, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Airport. This public right of flight shall include the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through said airspace or landing at, taking off from, or operating on Airport. Licensee agrees not to make any claim or institute legal action against City under any theory of recovery for any interference with Licensee's use and enjoyment of the Airport which may result from noise emanating from the operation of aircraft to, from, or upon AirportAirport except for claims or actions brought by third parties against Licensee arising from City's operation of Airport [USE GUIDE, paragraph 5]1 . 9.3. 1.3 Licensee, by accepting this License, agrees for itself and its successors and assigns that it will not make use of the Airport in any manner which would might interfere with the landing and taking off of aircraft from Airport or otherwise constitute a hazard to such operations. In the event the aforesaid covenant is breached, City reserves the right to take all action it deems necessary to cause the abatement of such interference at the expense of LicenseeLicensee [USE GUIDE, paragraph 8]. 9.4. 1.4 Licensee shall conduct its, and cause its sublicensees to conduct their, operations on the Airport in such manner as to reduce as much as is reasonably practicable, considering the nature and extent of said operations, any and all activities which interfere unreasonably with the use of other premises at Airport, including, but not limited to, the emanation from the Airport of noise, vibration, movements of air, fumes, and odors. 9.5. 1 The paragraph references are to mandatory requirements contained in a document entitled, “LEASE AND USE AGREEMENT GUIDE”, dated June 6, 1984, revised May 2001, published by the Federal Aviation Administration. 1.5 Licensee is prohibited from installing or using any wireless workstations, access control equipment, wireless internet servers, application or system software such as transceivers, modems, or other interface units that access frequencies from 2.0 Gigahertz toto 6.0 Gigahertz, inclusive, without first obtaining approval from the Chief Executive Officer. 1.6 Licensee has no rights under this License to install or use any antennae or telecommunications equipment on the roof or exterior of any building or structure on the Airport, unless such installation or use is directly related to the conduct of Licensee's business and in full compliance with City's permit process and telecommunications policies as they may be modified from time to time at the sole discretion of the Chief Executive Officer. Licensee may not license or sublicense to others the right to install or use antennae or other telecommunications equipment on the Airport.

Limitations on Use of Airport. 9.11.1. Licensee shall not use the Airport, nor any portion thereof, for any purpose other than that hereinabove set forth above, without first having had and obtained the written consent of the Executive Director, Director which consent may be withheld in the Executive Director's ’s sole discretion, and which written consent is approved as to form by the City Attorney. 9.21.2. There is hereby reserved to City, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Airport. This public right of flight shall include the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through said airspace or landing at, taking off from, or operating on Airport. Licensee agrees not to make any claim or institute legal action against City under any theory of recovery for any interference with Licensee's use and enjoyment of the Airport which may result from noise emanating from the operation of aircraft to, from, or upon Airport. 9.31.3. Licensee, by accepting this License, agrees for itself and its successors and assigns that it will not make use of the Airport in any manner which would might interfere with the landing and taking off of aircraft from Airport or otherwise constitute a hazard to such operations. In the event the aforesaid covenant is breached, City reserves the right to take all action it deems necessary to cause the abatement of such interference at the expense of Licensee. 9.41.4. Licensee shall conduct its operations on Airport in such manner as to reduce as much as is reasonably practicable, considering the nature and extent of said operations, any and all activities which interfere unreasonably with the use of other premises at Airport, including, but not limited to, the emanation from the Airport of noise, vibration, movements of air, fumes, and odors. 9.51.5. Licensee is prohibited from installing or using any wireless workstations, access control equipment, wireless internet servers, application or system software such as transceivers, modems, or other interface units that access frequencies from 2.0 Gigahertz toto 6.0 Gigahertz, inclusive, without first obtaining approval from the Executive Director. 1.6. Licensee has no rights under this License to install or use any antennae or telecommunications equipment on the roof or exterior of any building or structure on Airport. Licensee may not license or sublicense to others the right to install or use antennae or other telecommunications equipment on Airport.

Limitations on Use of Airport. 9.11.1. Licensee shall not use the Airport, nor any portion thereof, for any purpose other than that hereinabove set forth above, without first having had and obtained the written consent of the Executive Director, which consent may be withheld in the Executive Director's sole discretion, and which written consent is approved as to form by the City Attorney. 9.21.2. There is hereby reserved to City, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Airport. This public right of flight shall include the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through said airspace or landing at, taking off from, or operating on Airport. Licensee agrees not to make any claim or institute legal action against City under any theory of recovery for any interference with Licensee's use and enjoyment of the Airport which may result from noise emanating from the operation of aircraft to, from, or upon Airport. 9.31.3. Licensee, by accepting this License, agrees for itself and its successors and assigns that it will not make use of the Airport in any manner which would might interfere with the landing and taking off of aircraft from Airport or otherwise constitute a hazard to such operations. In the event the aforesaid covenant is breached, City reserves the right to take all action it deems necessary to cause the abatement of such interference at the expense of Licensee. 9.41.4. Licensee shall conduct its operations on Airport in such manner as to reduce as much as is reasonably practicable, considering the nature and extent of said operations, any and all activities which interfere unreasonably with the use of other premises at Airport, including, but not limited to, the emanation from the Airport of noise, vibration, movements of air, fumes, and odors. 9.51.5. Licensee is prohibited from installing or using any wireless workstations, access control equipment, wireless internet servers, application or system software such as transceivers, modems, or other interface units that access frequencies from 2.0 Gigahertz toto 6.0 Gigahertz, inclusive, without first obtaining approval from the Executive Director. 1.6. Licensee has no rights under this License to install or use any antennae or telecommunications equipment on the roof or exterior of any building or structure on Airport. Licensee may not license or sublicense to others the right to install or use antennae or other telecommunications equipment on Airport.

Limitations on Use of Airport. 9.1. Licensee 15.2.1 Contractor shall not use the Airport, nor any portion thereof, for any purpose other than that hereinabove as specifically set forth abovein this Agreement, without first having had and obtained the written consent of the Executive Director, which consent may be withheld in the Executive Director's sole and absolute discretion, and which written consent is approved as to form by the City Attorney. 9.2. 15.2.2 There is hereby reserved to City, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Airport. This public right of flight shall include the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through said airspace or landing at, taking off from, or operating on the Airport. Licensee Contractor agrees not to make any claim or institute legal action against City under any theory of recovery for any interference with Licensee's Contractor’s use and enjoyment of the Airport which may result from noise emanating from the operation of aircraft to, from, or upon Airportthe Airport except for claims or actions brought by third parties against Contractor arising from City's operation of Airport [USE GUIDE, paragraph 5]1 . 9.3. Licensee15.2.3 Contractor, by accepting this LicenseAgreement, agrees for itself and its successors and assigns that it will not make use of the Airport in any manner which would might interfere with the landing and taking off of aircraft from Airport or otherwise constitute a hazard to such operations. In the event the aforesaid covenant is breached, City reserves the right to take all action it deems necessary to cause the abatement of such interference at the expense of LicenseeContractor [USE GUIDE, paragraph 8]. 9.4. Licensee 15.2.4 Contractor shall conduct its, and cause its sub-Contractors to conduct their, operations on the Airport in such manner as to reduce as much as is reasonably practicable, considering the nature and extent of said operations, any and all activities which interfere unreasonably with the use of other premises at the Airport, including, but not limited to, the emanation from the Airport of noise, vibration, movements of air, fumes, and odors. 9.5. Licensee 15.2.5 Contractor is prohibited from installing or using any wireless workstations, access control equipment, wireless internet servers, application or system software such as transceivers, modems, or other interface units that access frequencies from 2.0 Gigahertz toto 6.0 Gigahertz, inclusive, without first obtaining approval from the Executive Director. 15.2.6 Contractor has no rights under this Agreement to install or use any antennae or telecommunications equipment on the roof or exterior of any building or structure on the Airport, unless such installation or use is directly related to the conduct of Contractor’s business and in full compliance with City’s permit process and telecommunications policies as they may be modified from time to time at the sole and absolute discretion of the Executive Director. Contractor may not license or sublicense to others the right to install or use antennae or other telecommunications equipment on the Airport. 15.2.7 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 U.S.C. 40103(e) and 47107(a)(4) (Public Law 103-272; 108 STAT. 1102) [USE GUIDE, paragraph 9]. 15.2.8 This Agreement shall be subordinate to the provisions and requirements of 1 The paragraph references are to mandatory requirements contained in a document entitled, "LEASE AND USE AGREEMENT GUIDE", dated June 6, 1984, revised May 2001, published by the Federal Aviation Administration. any existing or future agreement between City and the United States relative to the development, operation, or maintenance of the Airport [USE GUIDE, paragraph 4]. 15.2.9 This 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 the Airport or the exclusive or nonexclusive use of the Airport by the United States during the time of war or national emergency [USE GUIDE, paragraph 10].