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21.
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<br />22.
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<br />23.
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<br />In furtherance of this assurance, the sponsor will have in effect arrangements for-
<br />(l) Operating the airport's aeronautical facilities whenever required;
<br />(2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and
<br />(3) Promptly notifying airmen of any condition affecting aeronautical use of the airport.
<br />Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during
<br />temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance.
<br />Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any
<br />structure or facility which is substantially damaged or destroyed due to an act or God or other eondgion or
<br />circumstance beyond the control of the sponsor. ~
<br />It wl]} suitably operate and maintain noise compatibility program gems that it owns or controls upon which
<br />Federal funds have been expended.
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<br />Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to
<br />protect instrument and visual operations to the airport (including established minimum flight ahitudes) will be adequately
<br />cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards
<br />and by preventing the establishment or creation of future airport h~ards.
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<br />Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to
<br />restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes competible with
<br />normal airport operation~, includlng landing and takeoff of airerafi. In addition, if the project is for noise compatibility
<br />program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its
<br />compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been
<br />expended.
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<br />Economic Nondiscrimination.
<br />a. It will make thc airport available as an airport for public use on reasonable terms and without unjust
<br /> discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical
<br /> activities offering services to the public at the airport.
<br />b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to
<br /> any person, finn, or corporation to conduct or to engage in any aeronautical activity for famishing services to the
<br /> public at the airport, the sponsor will insert attd enforce provisions requiring the contractor to-
<br /> (l) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and
<br /> (2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor
<br /> may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price
<br /> reductions to volume purchasers.
<br />c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are
<br /> uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and
<br /> utilizing the same or similar facilities.
<br />d. Each air carrier using such airport shall have the right to service flself or to use any fixed-based operator that is
<br /> authorized or permitted by the airpon to serve any air carrier at such airport.
<br />e. Each air carrier using such alrpon (whether as a tenant, nontenant, or subtenant of another air carrier tenant) shall
<br /> be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees,
<br /> rentals, and other charges with respect to facilities directly and substantially related to providing air transportation
<br /> as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities,
<br /> subject to reasonable classifications such as tenants or nontenants and signatory carriers and nonsignatory
<br /> carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided
<br /> an air carrier assumes obligations substanflal]y similar to those already imposed on air carriers in such
<br /> classification or status.
<br /> It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation
<br /> operating aircraft on the airport from performing any services on its own aircraft with its own employees
<br /> ]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 assurance, the services
<br /> involved will be provided on the same conditions as would apply to the furnishing of such services by commercial
<br /> aeronautical service providers authorized by the sponsor under these provisions.
<br /> The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of
<br /> 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 if such action is
<br /> necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public.
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<br />Exclusive Rights. It will permit no exclusive right for the use or'the airport by any person providing, or intending to
<br />provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airpor~ by a
<br />single fixed-based operator shall not be construed as an exclusive right if both of the following apply:
<br />a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide
<br /> such services, and
<br />b. If allowing more than one fixed-based operator to provide such services would require the reduction of space
<br /> leased pursuant to an existing agreement between such single fixed-based operator and such airport.
<br />It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive
<br />right at the airport to 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 operations, aircraft sales
<br />and services, sale of aviatlon petroleum products whether or not conducted in conjunction with other aeronautical activity,
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