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<br /> (1) To furnish said services on a fair, equal, and not unjustly discriminatory basis to all users
<br />thereof, and
<br /> (2) To charge fair, reasonable, and not unjustly discriminatory prices for each unit or service,
<br />provided, that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or
<br />other similar types of price reductions to volume purchasers.
<br />c. Each fixed-based operator at any airport owned by the sponsor shall be subject to the same rates,
<br />fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same
<br />or similar uses of such airport and utilizing the same or similar facilities.
<br />d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based
<br />operator that is authorized or permitted by the airport to serve any air carrier at such airport.
<br />e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air
<br />carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations,
<br />conditions, rates, fees, rentals, and other charges as are applicable to all such air carriers, which make
<br />similar use of such airport and which utilize similar facilities, subject to reasonable classifications such as
<br />tenants or nontenants, and combined passenger and cargo flights or all cargo flights. Classification or status
<br />as tenant shall not be unreasonably withheld by any airport provided an air carrier assumes obligations
<br />substantially similar to those already imposed on tenant air carriers.
<br />f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or
<br />corporation operating aircraft on the airport from performing any services on its own aircraft with its own
<br />employees (including, but not limited to maintenance, repair, and fueling) that it may choose to perform.
<br />g. In the event the sponsor itself exercises any of the rights and privileges referred to in this
<br />assurance, the services involved will be provided on the same conditions as would apply to the furnishing of
<br />such services by contractors or concessionaires of the sponsor under these provisions.
<br />h. The sponsor may establish such fair, equal, and not unjustly discriminatory conditions to be met by
<br />all users of the airport as may be necessary for the safe and efficient operation of the airport.
<br />i. The sponsor may prohibit or limit any given type, kind, or class of aeronautical use of the airport
<br />if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs
<br />of the public.
<br /> 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any persons
<br />providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the
<br />providing of services at an airport by a single fixed-based operator shall not be construed as an exclusive
<br />right if both of the following apply: (1) It would be unreasonably costly, burdensome, or impractical for more
<br />than one fixed-based operator to provide such services, and (2) If allowing more than one fixed-based operator
<br />to provide such services would require the reduction of space leased pursuant to an existing agreement between
<br />such single fixed-based operator and such airport.
<br />It further agrees it will not, either directly or indirectly, grant or permit any person, firm or
<br />corporation the exclusive right at the airport, or at any other airport now owned or controlled by it, to
<br />conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft
<br />rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier
<br />operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in
<br />conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and
<br />any other activities which because of their direct relationship to the operation of aircraft can be regarded as
<br />an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now
<br />existing at such an airport before the grant of any assistance under the Airport and Airway Improvement Act of
<br />1982.
<br /> 24. Fee and Rental Structure. It will maintain a fee and rental structure consistent with Assurances 22 and
<br />23, for the facilities and services being provided the airport users which will make the airport as
<br />self-sustaining as possible under the circumstances existing at that particular airport, taking into account
<br />such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport
<br />development, airport planning or noise compatibility project for which a grant is made under the Airport and
<br />Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall
<br />be included in the rate base in establishing fees, rates, and charges for users of that airport.
<br /> 25. Airport Revenue. If the airport is under the control of a public agency, all revenues generated by the
<br />airport will be expended by it for the capital or operating costs of the airport, the local airport system, or
<br />other local facilities which are owned or operated by the owner or operator of the airport and directly related
<br />to the actual transportation of passengers or property. Provided, however, that if convenants or assurances in
<br />debt obligations previously issued by the owner or operator of the airport, or provisions in governing statutes
<br />controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner
<br />or operator's facilities, including the airport, to support not only the airport but also the airport owner or
<br />operator's general debt obligations or other facilities, then this limitation on the use of all revenues
<br />generated by the airport shall not apply.
<br />FAA Form 5100-100 (10-84) Development or Noise Program - Public Sponsor Page 10
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