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owing under this Lease shall likewise be suspended until Lessee's normal operations resume at the <br /> Leased Premises. In addition, if Lessee's normal business operations are materially affected for a <br /> period in excess of one eighty(180) days,Lessee may terminate this Lease upon written notice to <br /> Lessor,in which event,except for the obligations of the parties which expressly survive termination <br /> of this Lease,the parties shall have no further rights or obligations hereunder except to the extent <br /> permitted in, and in accordance with, Section 4.07, Lessee may remove its personal and other <br /> property within thirty (30) days after the date of Lessee's notice of termination (the exercise of <br /> which right shall not constitute a holdover). Nothing contained in this Lease shall prevent Lessee <br /> from pursuing any rights which Lessee may have for reimbursement from the United States of <br /> America for the taking of any part of Lessee's leasehold estate or for any loss or damage caused to <br /> Lessee by the United States of America. <br /> 8.05 Operation as Public Airport. Lessor covenants and agrees that during the Term and any renewal <br /> thereof it will operate and maintain the Airport and its public Airport Facilities as a public use <br /> airport. <br /> ARTICLE 9: OPERATION OF THE AIRPORT <br /> 9.01 Non-Discrimination Requirements. <br /> a. It is specifically understood and agreed that this Lease does not grant or authorize an <br /> exclusive right for conducting any aeronautical activity which is unlawfully <br /> discriminatory. Lessee specifically agrees not to discriminate in its use of the Leased <br /> Premises in any manner prohibited by applicable FAA regulations. Lessor agrees not to <br /> lease space to other tenants or users at the Airport on terns more favorable (including, <br /> without limitation,ground rents,other rents or fees,or length of term)than those contained <br /> in this Lease and, if Lessor enters into a lease or other agreement for the same or similar <br /> use,the material terns of which are more favorable terms than those contained herein,the <br /> more favorable material terms shall be offered to Lessee and, at Lessee's election, this <br /> Lease shall be modified to reflect the more favorable material terms. <br /> b. Lessee, for itself, its personal representative, successors in interest and assigns, as part of <br /> the consideration herein, agrees that no person shall be excluded from participation in or <br /> denied the benefits of Lessee's use of the Airport on the basis of race,color,national origin, <br /> religion, handicap or gender. Lessee further agrees for itself, its personal representatives, <br /> successors in interest and assigns that no person shall be excluded from the provision of <br /> any service on or in the construction of any improvements or alterations to the Leased <br /> Premises on grounds of race, color, national origin, religion, handicap or gender. In <br /> addition, Lessee covenants and agrees that it will at all times comply with any applicable <br /> requirements imposed by or pursuant to Title 49 of the Code of Federal Regulations, Part <br /> 121, Non-Discrimination in Federally Assisted Programs of the Department of <br /> Transportation,and with any applicable future amendments thereto. <br /> IF ANY CLAIM ARISES FROM A VIOLATION OF THE FOREGOING NON- <br /> DISCRIMINATION COVENANT BY LESSEE, LESSEE AGREES TO HOLD <br /> HARMLESS AND INDEMNIFY LESSOR AND AIRPORT MANAGEMENT FROM <br /> ANY ACTUAL LOSS OR EXPENSE, BUT NOT CONSEQUENTIAL, SPECIAL OR <br /> EXEMPLARY COSTS, EXPENSES OR DAMAGES, INCURRED BY EITHER OF <br /> THEM IN CONNECTION WITH SUCH VIOLATION. <br /> -9- <br />