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<br /> but not limited to, attorneys fees and court costs, <br /> arising directly, indirectly, or consequentially <br /> out of any legal or equitable action brought by any <br /> person against Owner to the extent the same is <br /> based on a claim arising out of IICKEE' s perfoT'lllallCe <br /> <br /> or atte8pted perfoDllilllce of business under this <br /> agreeaent, where such claim, damage, loss or <br /> expense is caused by Owner's sole negligence, <br /> JIClŒE's sole negligence, or the joint negligence of <br /> Owner and any other person or entity. <br /> 9. Restrictions. <br /> This agreement is subject to the prior approval of <br /> the Federal Aviation Administration, and the rights <br /> of the United States of America to have exclusive <br /> or non-exclusive use, control and possession <br /> without charge, of the Airport or any portion <br /> thereof during periods of National Emergency; and <br /> further subject to the right of the Federal <br /> Aviation Administration and United States <br /> Government to take a portion of the Airport <br /> premises for air traffic control activities related <br /> to air traffic control. It is understood and <br /> agreed by and between the parties hereto that the <br /> continuing use of the Airport as an airport for <br /> general aviation is essential to the operation of <br /> MCKEE and that failure to continue the use of the <br /> Airport for airport and aviation purposes shall <br /> constitute a default in the agreement; and upon <br /> giving notice by MCKEE to Owner of such default and <br /> failure to cure such default within thirty (30) <br /> days after the giving of such notice, this <br /> agreement shall terminate and end as of the date <br /> 120 days after such notice shall have been given; <br /> and MCKEE and Owner shall thereupon be released <br /> -5- <br />