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f. It will grant the Secretary the right to disapprove the sponsor's <br />employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to <br />disapprove the proposed scope and cost of professional services. <br />g. It will grant the Secretary the right to disapprove the use of the sponsor's <br />employees to do all or any part of the project. <br />h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's <br />approval of any planning material developed as part of this grant does not constitute or imply any assurance or <br />commitment on <br />the part of the Secretary to approve any pending or future application for a <br />Federal airport grant. <br />19. Operation and Maintenance. <br />a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than <br />facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition <br />and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and <br />local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would <br />interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or <br />connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport <br />for non - aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor <br />will have in effect arrangements for - <br />I) Operating the airport's aeronautical facilities whenever required; <br />2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; <br />and <br />3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing <br />contained herein shall be construed to require that the airport be operated for aeronautical use during temporary <br />periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, <br />nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or <br />facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond <br />the control of the sponsor. <br />b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which <br />Federal funds have been expended. <br />20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is <br />required to protect instrument and visual operations to the airport (including established minimum flight altitudes) <br />will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise <br />mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. <br />21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the <br />adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities <br />and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the <br />project is for noise compatibility program implementation, it will not cause or permit any change in land use, within <br />its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program <br />measures upon which Federal funds have been expended. <br />22. Economic Nondiscrimination. <br />a. It will make the 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 activities <br />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 <br />airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for <br />furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor <br />to- <br />Page 21 of 31 <br />