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}
<br />12. Private gain. It will establish safeguards to prohibit employees from using their positions for a purpose
<br />that is or gives the appearance of being motivated by a desire for private gain for themselves or others,
<br />particularly those with whom they have family, business, or other ties.
<br />13. Relocation assistance. It will comply with the requirements of Title II and Title III of the Uniform
<br />Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provides for
<br />fair and equitable treatment of persons displaced as a result of Federal and Federally assisted programs.
<br />14. OMB Circular A-102. It will comply with all requirements imposed by the Federal grantor agency concerning
<br />special requirements of law, program requirements, and other administrative requirements approved in
<br />accordance with Office of Management and Budget Circular No. A-102.
<br />15. Hatch Act. It will comply with the provisions of the Hatch Act which limit the political activity of
<br />employees.
<br />6. Federal Fair Labor Standards Act. It will comply with the minimum wage and maximum hours provisions of the
<br />Federal Fair Labor Standards Act, as they apply to hospital and educational institution employees of State
<br />and local governments.
<br />17. Effective date and duration. These covenants shall become effective upon acceptance by the Sponsor of an
<br />offer of Federal aid for the Project or any portion thereof, made by the FAA and shall constitute a part of
<br />of the Grant Agreement thus formed. These covenants shall remain in full force and effect throughout the
<br />useful life of the facilities developed under this Project, but in any event not to exceed twenty (20) years
<br />from the date of said acceptance of an offer of Federal aid for the Project. However, these limitations on
<br />the duration of the covenants do not apply to the covenant against exclusive rights and real property
<br />acquired with Federal funds. Any breach of these covenants on the part of the sponsor may result in the
<br />suspension or termination of, or refusal to grant Federal assistance under, FAA administered programs, or
<br />such other action which may be necessary to enforce the rights of the United States under this agreement.
<br />18. Conditions and limitations on airport use. It will operate the Airport as such for the use and benefit of
<br />the public. In furtherance of this covenant (but without limiting its general applicability and effect),
<br />the Sponsor specifically agrees that it will keep the Airport open to all types, kinds, and classes of
<br />aeronautical use on fair and reasonable terms without discrimination between such types, kinds, and
<br />classes. Provided, that the Sponsor may establish such fair, equal, and not unjustly discriminatory
<br />conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of
<br />the Airport; And Provided Further, That the Sponsor may prohibit or limit any given type, kind, or class of
<br />aeronautical use of the Airport if such action is necessary for the safe operation of the airport or
<br />necessary to serve the civil aviation needs of the public.
<br />19. Exclusive right. It
<br />a. Will not grant or permit any exclusive right forbidden by Section 308(a) of the Federal Aviation Act of
<br />1958 (49 U.S.C. Section 1349(a)) at the Airport, or at any other airport now owned or controlled by it;
<br />b. Agrees that, in furtherance of the policy of the FAA under this covenant, unless authorized by the
<br />Administrator, 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,
<br />to conduct any aeronautical activities, including, but not limited to charter flights, pilot training,
<br />aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air
<br />carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not
<br />conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of
<br />aircraft parts, and any other activities which because of their direct relationship to the operation of
<br />aircraft can be regarded as an aeronautical activity.
<br />c. Agrees that it will terminate any existing exclusive right to engage in the sale of gasoline or oil, or
<br />both, granted before July 17, 1962, at such an airport, at the earliest renewal, cancellation, or
<br />expiration date applicable to the agreement that established the exclusive right; and
<br />d. Agrees that it will terminate any other exclusive right to conduct an aeronautical activity now existing
<br />at such an airport before the grant of any assistance under the Airport and Airway Development Act.
<br />20. Public use and benefit. It agrees that it will operate the Airport for the use and benefit of the public,
<br />on fair and reasonable terms, and without unjust discrimination. In furtherance of the covenant (but
<br />without limiting its general applicability and effect), the Sponsor specifically covenants and agrees;
<br />a. That in its operation and the operation of all facilities on the Airport, neither it nor any person or
<br />organization occupying space or facilities thereon will discriminate against any person or class of
<br />persons by reason of race, color, creed or national origin in the use of any of the facilities provided
<br />for the public on the Airport.
<br />FAA Form 5100-100 (8-81) Page 7
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