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8.05. Operation as Public Airport. Lessor covenants and agrees that, during the Term, and any <br /> renewal thereof,it will operate and maintain the Airport and its public Airport Facilities as <br /> a public use 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 <br /> an exclusive right for conducting any aeronautical activity which is unlawfully <br /> discriminatory. Lessee specifically agrees not to discriminate in its use of the <br /> Leased Premises in any manner prohibited by applicable FAA regulations. Lessor <br /> agrees not to lease space to other tenants or users at the Airport on terms more <br /> favorable(including,without limitation,ground rents,other rents or fees,or length <br /> of term)than those contained in this Lease and,if Lessor enters into a lease or other <br /> agreement for the same or similar use, the material terms of which are more <br /> favorable terms than those contained herein, the more favorable material terns <br /> shall be offered to Lessee and,at Lessee's election,this Lease shall be modified to <br /> reflect the more favorable material terms. <br /> b. Lessee,for itself,its personal representative, successors in interest and assigns, as <br /> part of the consideration herein, agrees that no person shall be excluded from <br /> participation in or denied the benefits of Lessee's use of the Airport on the basis <br /> of race, color, national origin, religion, handicap or gender. Lessee further agrees <br /> for itself, its personal representatives, successors in interest and assigns that no <br /> person shall be excluded from the provision of any service on or in the construction <br /> of any improvements or alterations to the Leased Premises on grounds of race, <br /> color,national origin,religion,handicap or gender. In addition,Lessee covenants <br /> and agrees that it will at all times comply with any applicable requirements <br /> imposed by or pursuant to Title 49 of the Code of Federal Regulations, Part 121, <br /> 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 <br /> FROM ANY ACTUAL LOSS OR EXPENSE, BUT NOT CONSEQUENTIAL, <br /> SPECIAL OR EXEMPLARY COSTS, EXPENSES OR DAMAGES, <br /> INCURRED BY EITHER OF THEM IN CONNECTION WITH SUCH <br /> VIOLATION. <br /> 9.02. Airport Development. The use of a portion of the Airport property for use of the Leased <br /> Premises is subordinate to the use of Airport property for aviation purposes. Lessor <br /> reserves the right to further develop and improve the Airport as it may see fit. If the future <br /> development of the Airport requires the relocation of Lessee's Improvements during the <br /> Term and any renewal thereof, Lessor agrees, prior to any such relocation, to (i) provide <br /> substitute leased premises comparable to the Leased Premises for the remainder of the <br /> Term and renewal thereof,plus any then permitted extensions,(ii)provide substitute leased <br /> premises a location which is consistent with and suitable for Lessee's current business <br /> operations at the Leased Premises at the time of such relocation,(iii)minimize disruptions <br /> to Lessee's business and operations at the Leased Premises to the extent possible, and(iv) <br /> 10 <br />