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• • <br /> limited to, and shall be in effect only for, the following noise levels (the "Maximum Approved <br /> Noise Levels "): (a) up to a 3 dB increase over the annual Community Noise Equivalent Level <br /> ( "CNEL ") for 1995 outside the home or (b) a greater CNEL outside the home so long as the <br /> CNEL in any habitable room in the home does not exceed an annual CNEL of 45 dB. The 1995 <br /> Annual CNEL is shown on the attached Exhibit "3 ". Annual CNEL shall be determined under <br /> the California Airport Noise Standards (which are located in Title 21 of the California Code of <br /> Regulations starting at Section 5000) or any successor regulations. Any change in the CNEL <br /> resulting from temporary increased use of certain runways due to construction or repair of other <br /> runways, or due to weather, wind conditions or other causes beyond the Port's control, shall not <br /> be used to compute noise levels under this Section 1. This Easement is fully effective as of the <br /> date set forth above. <br /> Section 2. Release <br /> Grantors release the Port, the City of Oakland and Airport operators and airlines using the <br /> Airport from any claims, losses, liabilities or expenses (collectively, "Losses ") arising from the <br /> impacts permitted by this Easement, as set forth in Section 1. This Release covers all present and <br /> future Losses, whether known or unknown. This Release includes damages for physical or <br /> emotional injuries, nuisance or any taking of Grantors' Property from the impacts set forth in <br /> Section 1. Grantors shall not sue for damages in connection with the Losses released by this <br /> Easement, nor seek to enjoin the impositions permitted by this Easement. The Port will not have <br /> to set aside buffer lands,: re -route air traffic, erect sound or other barriers, establish curfews, <br /> relocate Airport Operations or take other measures to eliminate or lessen the impositions <br /> permitted by this Easement. <br /> Section 3. Continuous Benefits and Burdens <br /> This Easement burdens the Grantors' Property for the benefit of the Airport. It runs with <br /> the land under California Civil Code Section 1468. • The benefits and burdens created by this <br /> instrument apply to and bind the parties' successors, heirs and assigns. <br /> Section 4. Effect on Passage of Aircraft <br /> This Easement shall not be used for passage of aircraft, but it will not affect rights for <br /> passage of aircraft that existed prior to the date of this Easement or are now or later permitted by <br /> law. <br /> // <br /> // <br /> // <br /> // <br /> // <br /> 11 <br /> 1/ <br /> 11999 2 <br />