Common use of Permitted and Prohibited Uses Clause in Contracts

Permitted and Prohibited Uses. (a) During the Term of this Agreement and subject to ▇▇▇▇▇▇’s maintaining it’s Concession Agreement with the City in good standing, and performance of its obligations hereunder, the Lessee shall have the right to use the Leased Premises only for conducting the following activities upon the Leased Premises: (i) Those activities which are necessary to support the operation of the Lessee’s Concession Agreement with the City, including the servicing, fueling and storage of Lessee’s rental car fleet used in its Concession Agreement. (ii) The installation of signs advertising the business and facilities of Lessee. Type, size, design, number, location, subject matter and elevation of such signs shall be subject to and in accordance with the prior written approval of the Director. Signs may only be attached to the hangars leased herein. (iii) Subject to the prior approval of the Director, such approval not to be unreasonably withheld, the installation, maintenance and operation of antennas and of such electronic, communications, meteorological and aerial navigation equipment and facilities as may be necessary or convenient for the operation of Lessee’s business will be permitted, provided the elevation, installations, maintenance or operation of such antennas, equipment and facilities does not interfere with operations conducted or equipment operated by the City, the FAA or by or for the use of scheduled airline carriers or other airport public transportation operators and are in compliance with appropriate federal licenses and subject to determination of no objection by United States Department of Transportation and FAA resulting from applicable air space studies. (iv) The Lessee’s use of the Leased Premises is expressly conditioned upon its non-interference with normal airport operations and its strict compliance with the policies and procedures of the FAA, the Transportation Security Administration, the City’s Department of Aviation and the applicable provisions of the City Fire Code. (b) During the term of this Agreement, the Lessee shall not conduct any business on the Leased Premises that is not consistent with the purpose of this Lease or is in direct competition with non-aeronautical tenants (other than tenants possessing the same or similar rights of use of the Airport), lessees or concessionaires of the City whether such business is conducted at present or in the future. No portion of the Premises shall be used in any manner that is in violation of the Abilene Regional Airport Minimum Standards for Aeronautical Activities or any other applicable governmental laws, regulations, orders, licenses, permits, or other requirements. Specifically, Lessee shall not conduct the following on the Leased Premises: (i) Commercial activities, including but not limited to, restaurant or dining business or facility (other than food service for the sole use of Lessee, its sublessees, and their employees) or other revenue producing activities not directly related to Lessee’s operation. (ii) Aircraft food catering service. (iii) Providing of any public parking facilities for other than for employees and customers of the businesses being conducted on the Leased Premises; (iv) Rental of advertising space. (v) Use of any portion of the Leased Premises for residential purposes. (vi) Maintenance of vehicles or equipment, (for commercial or private purposes) except for repairs of such vehicles and equipment necessary for the conduct of ▇▇▇▇▇▇’s business at the Airport. (vii) Parking or storage of personal property not directly related to the conduct of ▇▇▇▇▇▇’s business, such as boats, motor homes, recreational vehicles and other items.

Permitted and Prohibited Uses. (a) During The Leased Premises may be used for the Term of following purposes (which are collectively referred to in this Lease Agreement as the “Permitted Uses”): For operating and subject maintaining a parking area and pier for conducting pilotage services on the Corpus Christi Ship Channel, for transporting pilots to ▇▇▇▇▇▇’s maintaining it’s Concession Agreement with and from Vessels transiting the City in good standingCorpus Christi Ship Channel, and performance for no other purpose without the written permission of its obligations hereunder, the Lessee shall have the right to use the Leased Premises only for conducting the following activities upon the Leased Premises: (i) Those activities which are necessary to support the operation of the Lessee’s Concession Agreement with the City, including the servicing, fueling Authority being first had and storage of Lessee’s rental car fleet used in its Concession Agreement. (ii) The installation of signs advertising the business and facilities of Lessee. Type, size, design, number, location, subject matter and elevation of such signs shall be subject to and in accordance with the prior written approval of the Director. Signs may only be attached to the hangars leased herein. (iii) Subject to the prior approval of the Director, such approval not to be unreasonably withheld, the installation, maintenance and operation of antennas and of such electronic, communications, meteorological and aerial navigation equipment and facilities as may be necessary or convenient for the operation of Lessee’s business will be permitted, provided the elevation, installations, maintenance or operation of such antennas, equipment and facilities does not interfere with operations conducted or equipment operated by the City, the FAA or by or for the use of scheduled airline carriers or other airport public transportation operators and are in compliance with appropriate federal licenses and subject to determination of no objection by United States Department of Transportation and FAA resulting from applicable air space studies. (iv) The Lessee’s use of the Leased Premises is expressly conditioned upon its non-interference with normal airport operations and its strict compliance with the policies and procedures of the FAA, the Transportation Security Administration, the City’s Department of Aviation and the applicable provisions of the City Fire Codeobtained. (b) During the term of this Agreement, the Lessee shall will not conduct any business on use the Leased Premises that is not consistent with the for any purpose of this Lease or is in direct competition with non-aeronautical tenants (other than tenants possessing the same or similar rights of use Permitted Uses without the express prior written consent of the Airport)Authority, lessees which may be given or concessionaires withheld by the Authority’s Port Commission in its sole discretion. (c) Lessee will not use, occupy or permit the use or occupancy of the City whether such business is conducted at present Leased Premises for any purpose or in the future. No portion of the Premises shall be used in any manner that is in violation of the Abilene Regional Airport Minimum Standards for Aeronautical Activities or any other applicable governmental lawswhich violates: (i) orders, injunctions, writs, statutes, rulings, rules, regulations, orders, licensesdirectives, permits, certificates or other requirements. Specifically, ordinances of any Governmental Authority applicable to Lessee shall not conduct the following on or the Leased Premises: (i) Commercial activities, including but not limited tozoning, restaurant environmental and utility conservation matters; (ii) Authority’s Tariff; (iii) applicable insurance requirements; or dining business or facility (other than food service for iv) the sole use of Lessee, its sublessees, and their employees) or other revenue producing activities not directly related to Lessee’s operationPermitted Encumbrances. (iid) Aircraft food catering service. (iii) Providing of any public parking facilities for other than for employees and customers of the businesses being conducted on the Leased Premises; (iv) Rental of advertising space. (v) Use of The Parties agree that neither Party will voluntarily permit any portion of the Leased Premises to be used for residential the purpose of drilling an oil or gas well, and Authority acknowledges that the drilling of any oil or gas well on the surface of the Leased Premises would interfere with and be injurious to Lessee’s proposed use or uses of the Leased Premises for industrial purposes. (vie) Maintenance Lessee hereby represents and warrants to Authority that Lessee’s occupancy, operation or use of vehicles or equipment, (for commercial or private purposes) except for repairs of such vehicles the Leased Premises will be and equipment necessary for the conduct of ▇▇▇▇▇▇’s business at the Airportremain in compliance with Applicable Laws in all material respects. (vii) Parking or storage of personal property not directly related to the conduct of ▇▇▇▇▇▇’s business, such as boats, motor homes, recreational vehicles and other items.

Permitted and Prohibited Uses. (a) During The Leased Premises may be used for the Term purpose of this Agreement operating a field office and subject to ▇▇▇▇▇▇’s maintaining it’s Concession Agreement with yard engaged in the City in good standing, and performance of its obligations hereunderheavy marine construction work in the local area and for the loading and unloading, sorting and further movement of construction related materials from work barges used in connection with Lessee’s marine construction work. The foregoing uses of the Leased Premises are collectively referred to in this Lease Agreement as the “Permitted Uses.” (b) Lessee shall have will not allow vessels to tie up alongside or outside of barges in the right Leased Premises and no barges are permitted to breast up alongside the Leased Premises to make up or break tows, unless within the allowable mooring limits as show in Exhibit B. Lessee will coordinate with Authority’s Harbormaster 24 hours prior to head-in vertical loading or unloading materials and/or equipment at the Leased Premises and will ensure Lessee’s operations do not obstruct vessels transiting the Corpus Christi Ship Channel. (c) Lessee will not use the Leased Premises only for conducting any purpose other than the following Permitted Uses without the express prior written consent of the Authority, which may be given or withheld by the Authority’s Commission in its sole discretion. (d) Lessee will not use, occupy or permit the use or occupancy of the Leased Premises for any purpose or in any manner which in any material respect violates: (i) judicial decisions, orders, injunctions, writs, statutes, rulings, rules, regulations, directives, permits, certificates or ordinances of any Governmental Authority applicable to Lessee or the Leased Premises, including zoning, environmental and utility conservation matters; (ii) Authority’s Tariff; (iii) applicable insurance requirements; or (iv) the Permitted Encumbrances. (e) Lessee will not use, occupy or permit the use or occupancy of the Leased Premises for any purpose or in any manner which is (i) dangerous to life or property or a public or private nuisance; or (ii) disruptive to the activities of any other tenant or occupant of property adjacent to the Leased Premises. (f) Lessee will not (i) commit or permit any waste upon the Leased Premises: (i) Those activities which are necessary to support the operation of the Lessee’s Concession Agreement with the City, including the servicing, fueling and storage of Lessee’s rental car fleet used in its Concession Agreement. or (ii) The installation of signs advertising the business and facilities of Lessee. Typecommit, size, design, number, location, subject matter and elevation of such signs shall be subject to and in accordance with the prior written approval of the Director. Signs may only be attached to the hangars leased herein. (iii) Subject to the prior approval of the Director, such approval not or permit to be unreasonably withheldcommitted, the installation, maintenance and operation of antennas and of such electronic, communications, meteorological and aerial navigation equipment and facilities as may be necessary any action or convenient for the operation of Lessee’s business will be permitted, provided the elevation, installations, maintenance circumstance on or operation of such antennas, equipment and facilities does not interfere with operations conducted or equipment operated by the City, the FAA or by or for the use of scheduled airline carriers or other airport public transportation operators and are in compliance with appropriate federal licenses and subject to determination of no objection by United States Department of Transportation and FAA resulting from applicable air space studies. (iv) The Lessee’s use of about the Leased Premises is expressly conditioned upon its non-interference with normal airport operations and its strict compliance with which, directly or indirectly, would justify any insurance carrier in canceling the insurance policies and procedures of the FAA, the Transportation Security Administration, the City’s Department of Aviation and the applicable provisions of the City Fire Code. (b) During the term of this Agreement, the maintained by Lessee shall not conduct any business on the Leased Premises that is not consistent with the purpose of this Lease or is in direct competition with non-aeronautical tenants (other than tenants possessing the same or similar rights of use of the Airport), lessees or concessionaires of the City whether such business is conducted at present or in the future. No portion of the Premises shall be used in any manner that is in violation of the Abilene Regional Airport Minimum Standards for Aeronautical Activities or any other applicable governmental laws, regulations, orders, licenses, permits, or other requirements. Specifically, Lessee shall not conduct the following on the Leased Premises: (i) Commercial activities, including but not limited to, restaurant or dining business or facility (other than food service for the sole use of Lessee, its sublessees, and their employees) or other revenue producing activities not directly related to Lessee’s operationimprovements thereon. (iig) Aircraft food catering service. (iii) Providing of any public parking facilities for other than for employees and customers of the businesses being conducted on the Leased Premises; (iv) Rental of advertising space. (v) Use of The Parties agree that neither Party will voluntarily permit any portion of the Leased Premises to be used for residential the purpose of drilling an oil or gas well, and Authority acknowledges that the drilling of any oil or gas well on the surface of the Leased Premises would interfere with and be injurious to Lessee’s proposed use or uses of the Leased Premises for industrial purposes. (vih) Maintenance Lessee hereby represents and warrants to Authority that Lessee’s construction, occupancy, operation or use of vehicles or equipment, (for commercial or private purposes) except for repairs of such vehicles the Leased Premises will be and equipment necessary for the conduct of ▇▇▇▇▇▇’s business at the Airportremain in compliance with Applicable Laws in all material respects. (vii) Parking or storage of personal property not directly related to the conduct of ▇▇▇▇▇▇’s business, such as boats, motor homes, recreational vehicles and other items.