Common use of Responsibility of Operator Clause in Contracts

Responsibility of Operator. The Operator agrees to abide by the following requirements of the District related to utilizing a UAS on the property of the District: (a) UAS Operator (the “Operator”) shall provide evidence that minimum FAA pilot certification requirements have been met; (b) Operator shall provide the necessary site specific FAA authorization to commercially operate the UAS (Certificate of Authorization, Section 333 Exemption, Special Airworthiness Certificate, etc.), including a map of the area designated in the Certificate of Authorization; (c) Operator shall operate the UAS only on public areas of District property in the location(s) approved by the District in the Approved Application and in no other areas without the written consent of the District, which consent may be withheld in the District’s sole discretion; (d) UAS shall weigh less than 55 pounds; (e) UAS must be registered with registration number appearing on the UAS; (f) UAS shall maintain a horizontal clearance of at least 15 feet from all buildings, people, stadiums, outdoor sporting events, and other obstacles; (g) Operator shall comply with visual flight rules; (h) Operator shall maintain a visual line of sight with the UAS; (i) Operator shall maintain an altitude at all times which is below 400 feet or such lower height required by the District; (j) Operator shall obtain written consent from any and all identifiable individuals appearing in photos or video obtained during UAS operation; (k) Operator certifies that UAS has been properly maintained per manufacturer’s guidelines; (l) Operator shall ensure that the UAS has a fully charged battery prior to the flight; and (m) prior to use of the UAS on District property, the Operator guarantees the UAS will be operated only within the following conditions: (a) visibility of three (3) or more miles, (b) wind gusts not to exceed 35 MPH, and (c) ambient temperatures of between 0 and 110 degrees Fahrenheit. The Operator is responsible for contacting the Lodi Airport control tower prior to operating the UAS. Furthermore, Operator guarantees compliance with all FAA guidelines, regulations, and statutes in effect at the time of the flight(s), as well as all applicable policies of the District. No images or photographs will be taken by Operator of the inside of any building or structure on District property.

Responsibility of Operator. The Operator agrees to abide by Operator, its employees, contractors, agents, representatives, and invitees shall comply with each of the following requirements of the District terms and conditions related to utilizing a UAS on the property of the DistrictFIU property: (a) the UAS must be registered with the Federal Aviation Administration (“FAA”); (b) all operations of UAS must comply at all times with all local, state and federal laws and regulations, including, without limitation, the FAA’s Small UAS Rule (Part 107), and Operator is solely responsible to ensure compliance with all relevant laws and regulations; (c) prior to the “Operator”) flight(s), Operator shall provide evidence that minimum FAA pilot certification requirements have been met; (b) Operator shall provide the necessary site specific FAA authorization to commercially operate the UAS (Certificate of Authorization, Section 333 Exemption, Special Airworthiness Certificate, etc.), including a map of the area designated in the Certificate of Authorization; (cd) Operator shall operate the UAS only on public areas of District FIU property in the location(s) approved by the District in the Approved Application set forth above and in no other areas without the prior written consent of the DistrictFIU, which consent may be withheld in the DistrictFIU’s sole discretion; (d) UAS shall weigh less than 55 pounds; (e) UAS must be registered with registration number appearing on Operator is responsible for, and shall obtain at its sole expense prior to the flight(s), all authorizations, permits and licenses which are required by local, state and federal laws and regulations for the operation of the UAS, including, without limitation, any prior authorizations that may be required from the FAA; (f) UAS shall maintain a horizontal clearance of at least 15 feet Operator is hereby notified that (i) FIU’s Modesto Maidique Campus and Engineering School Campus are located less than 5 miles from all buildings, people, stadiums, outdoor sporting eventsthe Miami International Airport and are entirely within the Class B Surface Area requiring FAA authorization to fly, and other obstacles(ii) Miami-Dade County ordinances may prohibit ground operations within Miami-Dade County parks; and Operator shall be solely responsible for obtaining all applicable authorizations, permits and approvals; (g) Operator shall comply with visual flight rulesis responsible for the proper use and care of any FIU property, and Operator will be liable for the repair and/or replacement cost of any FIU property which is damaged, destroyed or lost, resulting from Operator’s operation of the UAS; (h) Operator Operator, its employees, contractors, agents, representatives, and invitees shall maintain a visual line of sight with the UASabide by all FIU policies, procedures, rules and regulations, including, without limitation, those related to parking, smoking and firearms and dangerous weapons (which can be viewed at ▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇▇/); (i) Operator shall maintain an altitude at is solely responsible for the security of all times which is below 400 feet or such lower height required by the Districtproperty, equipment, materials, and any other items that it brings onto any FIU location; (j) in no event shall Operator shall obtain written consent from use or bring any and all identifiable individuals appearing in photos or video obtained during UAS operationhazardous materials, as defined by applicable laws, onto any FIU location; (k) Operator certifies that shall provide to FIU a photo of the UAS has been properly maintained per manufacturer’s guidelinesprior to any flight, and the registration number must appear on the UAS; (l) Operator shall ensure perform the activities contemplated under this Agreement in the least intrusive manner so as not to disturb the atmosphere of the FIU location and the educational activities therein (and if any such activities prove intrusive or disruptive, Operator shall immediately cease operations until such time that the UAS has Operator can demonstrate to FIU’s satisfaction that it can proceed in a fully charged battery prior manner that is not intrusive or disruptive to the flightFIU); (m) Operator shall not conduct sales of any type on any FIU location, including, but not limited to, food, merchandise or services, unless permitted in writing by FIU; and (mn) prior to use of the UAS on District property, the Operator guarantees the UAS agrees that there will be operated only within the following conditions: (a) visibility of three (3) no pyrotechnics, stunt shots, or more miles, (b) wind gusts not to exceed 35 MPH, and (c) ambient temperatures of between 0 and 110 degrees Fahrenheit. The Operator is responsible for contacting the Lodi Airport control tower prior to operating the UAS. Furthermore, Operator guarantees compliance with all FAA guidelines, regulations, and statutes other dangerous or hazardous activities undertaken in effect at the time of the flight(s), as well as all applicable policies of the District. No images or photographs will be taken by Operator of the inside of about any building or structure on District propertyFIU location.

Responsibility of Operator. The Operator agrees to abide by the following requirements of the District University related to utilizing a UAS on the property of the DistrictUniversity: (a) UAS Operator (the “Operator”) shall provide evidence that minimum FAA pilot certification requirements have been met; (b) Operator shall provide the necessary site specific FAA authorization to commercially operate the UAS (Certificate of Authorization, Section 333 Exemption, Special Airworthiness Certificate, etc.), including a map of the area designated in the Certificate of Authorization; (c) Operator shall operate the UAS only on public areas of District University property in the location(s) approved by the District University in the Approved Application and in no other areas without the written consent of the DistrictUniversity, which consent may be withheld in the DistrictUniversity’s sole discretion; (d) UAS shall weigh less than 55 pounds; (epounds;(e) UAS must be registered with registration number appearing on the UAS; (f) UAS shall maintain a horizontal clearance of at least 15 feet from all buildings, people, stadiums, outdoor sporting events, and other obstacles; (g) Operator shall comply with visual flight rules; (h) Operator shall maintain a visual line of sight with the UAS; (i) Operator shall maintain an altitude at all times which is below 400 feet or such lower height required by the DistrictUniversity; (j) Operator shall obtain written consent from any and all identifiable individuals appearing in photos or video obtained during UAS operation; (k) Operator certifies that UAS has been properly maintained per manufacturer’s guidelines; (l) Operator shall ensure that the UAS has a fully charged battery prior to the flight; and (m) prior to use of the UAS on District University property, the Operator guarantees the UAS will be operated only within the following conditions: (a) visibility of three (3) or more miles, (b) wind gusts not to exceed 35 MPH, and (c) ambient temperatures of between 0 and 110 degrees Fahrenheit. The Operator is responsible for contacting the Lodi Cedar City Regional Airport control tower prior to operating the UAS. Furthermore, Operator guarantees compliance with all FAA guidelines, regulations, regulations and statutes in effect at the time of the flight(s), as well as the University Policy 5.63 and all other applicable policies of the DistrictUniversity. No images or photographs will be taken by Operator of the inside of any building or structure on District University property.