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<br /> 22. Economic Nondiscrimination,
<br /> a. It will make its airport available as an airport for public-use on fair and reasonable terms and
<br /> wi thout unjust discrimination, to all types, kinds, and classes of aeronautical uses.
<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 engage in any aeronautical activity for
<br /> furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the
<br /> can tractor--
<br /> (1) to furnish said services on a fair, equal, and not unjustly discriminatory basis to all users
<br /> thereof, and
<br /> (2) to charge fair, reasonable, and not unjustly discriminatory prices for each unit or service,
<br /> provided, that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or
<br /> other similar types of price reductions to volume purchasers.
<br /> c. Each fixed-based operator at any airport owned by the sponsor shall be subject to the same rates,
<br /> fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same
<br /> or similar uses of such airport and utilizing the same or similar facilities.
<br /> d, Each air carrier using such airport shall have the right to service itself or to use any fixed-based
<br /> operator that is authorized or permitted by the airport to serve any air carrier at such airport,
<br /> e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air
<br /> carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations,
<br /> conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially
<br /> related to providing air transportation as are applicable to all such air carriers which make similar use of
<br /> such airport and which utilize similar facilities, subject to reasonable classifications such as tenants or
<br /> non tenants and signatory carriers and nonsignatory carriers. Classification or status as tenant or signatory
<br /> shall not be unreasonably wi thheld by any airport provided an air carrier assumes obligations substantially
<br /> similar to those already imposed on air carriers in such classifications or status.
<br /> f. It will not exercise or grsnt any right or privilege which operates to prevent any person, firm, or
<br /> corporation operating aircraft on the airport from performing any services on its own aircraft with its own
<br /> employees (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
<br /> assurance, the services involved will be provided on the same conditions as would apply to the furnishing of
<br /> such services by contractors Or concessionaires of the sponsor under these provisions.
<br /> h. The sponsor may establish such fair, equal, and not unjustly discriminatory conditions to be met by
<br /> all users of the airport as may be necessaF.f for the safe and efficient operation of the airport,
<br /> i. The sponsor may prohibitor limit any given type, kind, or class of aeronautical use of the airport
<br /> if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs
<br /> of the public.
<br /> 23, Exclusive Rights. It will permit no exclusive right for the use of the airport by any persons
<br /> providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the
<br /> providing of services at an airport by a single fixed-based operator shall not be construed as an exclusive
<br /> right if both of the following apply: (1) It would be unreasonably costly, burdensome, or impractical for more
<br /> than one fixed-based operator to provide such services, and (2) If allowing more than one fixed-based operator
<br /> to provide such services would require the reduction of space leased pursuant to an existing agreement between
<br /> 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
<br /> corporation the exclusive right at the airport, or at any other airport now owned or controlled by it, to
<br /> conduct any aeronautical acti vi ties, including, but not limited to charter flights, pilot training, aircraft
<br /> rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier
<br /> operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in
<br /> conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and
<br /> any other activities which because of their direct relationship to the operation of aircraft can be regarded as
<br /> an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now
<br /> existing at such an airport before the grant of any assistance under the Airport and Airway Improvement Act of
<br /> 1982.
<br /> 24. Fee and Rental Structure. It will maintain a fee and rental structure consistent with Assurances 22
<br /> and 23, for the facilities and services being provided the airport users which will make the airport as
<br /> self-sustaining as possible under the circumstances existing at that particular airport, taking into account
<br /> such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport
<br /> development, airport planning, or noise compatibility project for which a grant is made under the Airport and
<br /> Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall
<br /> be included in the rate base in establishing fees, rates, and charges for users of that airport.
<br /> FAA Form 5100-100 (4-89) Development or Noise Program - Public Sponsor Page 10
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