8H Consent 2007 0319 - Laserfiche WebLink

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11. Non-Interference and Compliance With Airport Operations. Permi ttee agrees for itself, its successors and assigns that it will not make use of the Premises or agree to any regulator conditions for future maintenance and operations of the Trail Improvements in any manner which might interfere with the landing and taking off of air- craft from the Airport or otherwise constitute a hazard. In the event the aforesaid covenant is breached, the Port reserves the right to enter upon the Premises and cause the abatement of such interference at the expense of Permittee. This Agreement and all the provisions hereof shall be subject to whatever right the United States Government now has or in the future may have or acquire, affecting the control, operation, regulation and taking over of the Airport or the exclusive or non-exclusive use of the Airport by the United States during the time of war or national emergency It is understood and agreed that the United States Government has, and may hereafter acquire, additional rights relating to the use, operation and maintenance of the Airport, and that this Agreement shall be subordinate to such rights and to the provisions of any existing or future agreement between the United States Government and the Port affecting said Airport. In the event of exclusive or nonexclusi ve use of said Airport by the United States Government in such manner as to restrict substantially or prevent Permittee's operations as contemplated under this Agreement, then either the Port or Permittee, without liability in damages to the other therefor, may, by written notice to the other, declare this Agreement suspended in whole or in part, with corresponding proportionate abatement in rent, for the duration of such restrictions or preventive government use. Permittee releases the Port from any present or future liability whatsoever and covenants not to sue the Port for damages or any other relief that is the result of lawful aviation or Airport or Airport- related operations at or otherwise associated with the Oakland International Airport, said release and covenant to include, but not be limited to claims (known or unknown) for damages for physical or emotional injuries, discomfort, inconvenience, property damage, death, interference with use and enjoyment of property, nuisance, or inverse condemnation or for inj uncti ve or other extraordinary or equitable relief. It is further agreed that the Port shall have no duty to avoid or mitigate such damages by, without limitation, setting aside or condemning buffer lands, rerouting air traffic, erecting sound or other barriers, establishing curfews, noise or other regulaticns, relocating airport facilities or operations or taking other measures, except to the extent, if any, that such actions are validly required by governmental authority. 12. Additional Provisions: The following additional provisions and conditions are incorporated as a part of this Agreement: Exhibit "A": Illustration of Premises Exhibit "8": Additional Provisions l02681.v6