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