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<br />3.lM <br />\ <br /> <br /> <br /> <br />but not limited to, maintenance and repair) that it may choose to <br />perform. It is understood and agreed that nothing herein contained <br />shall be construed to grant or authorize the granting of an exclusive <br />right for exercising an aeronautical activity, nor to conduct any <br />activity which is discriminatory, and Lessee specifically agrees to <br />-operate a non-discriminatory operation. Lessor expressly reserves the <br />right to grant to others additional leases and privileges with respect <br />to the airport, even though the purposes for which the additional <br />leases are given are the same and duplicate those contained in this <br /> <br /> <br />Agreement. <br /> <br />The right to conduct aeronautical activities for furnishing <br /> <br /> <br />services to the public at the San Marcos Airport is granted Lessee <br /> <br /> <br />subject to Lessee agreeing to the following: <br /> <br /> <br />(1) To furnish the services on a fair, equal ~and not unjustly <br /> <br /> <br />discriminatory basis to all users thereof, and <br /> <br /> <br />(2) To charge fair, reasonable and not unjustly discriminatory <br /> <br /> <br />prices for each unit or service; provided, that the Lessee <br /> <br /> <br />may be allowed to make reasonable and nondiscriminatory <br /> <br /> <br />discounts, rebates, or other similar types of price <br /> <br />, <br />reductions to volume purchasers. <br /> <br /> <br />The Lessee for himself, his personal representatives, successors <br /> <br /> <br />in interest, and assigns, as a part of the consideration hereof, does <br /> <br /> <br />hereby covenant and agrees as a covenant running with the land that: <br /> <br /> <br />(1) no person on the ground of race, color, disability, or <br /> <br />national origin shall be excluded from participation in, <br /> <br /> <br />denied the benefits of, or be otherwise subjected to <br /> <br /> <br />discrimination in the use of the facilities; <br /> <br /> <br />(2) that in the construction of any improvements on, over, or <br /> <br /> <br />under such land and the furnishing of services thereon, no <br /> <br /> <br />person on the grounds of race, color, disability, or national <br /> <br /> <br />origin shall be excluded from participation in, denied the <br /> <br /> <br />benefits of, or otherwise be subjected to discrimination; <br /> <br /> <br />(3) that the Lessee shall use the premises in compliance with all <br /> <br /> <br />other requirements imposed by or pursuant to 49 CFR Part 21, <br /> <br /> <br />Nondiscrimination in Federally Assisted Programs of the <br /> <br /> <br /> <br /> <br /> <br /> <br />-14- <br />