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<br /> r and privileges referred to in subsection (3) above the services involved will be
<br /> _'' provided on the same conditions as would apply to the furnishing of such services
<br /> � by contractors or concessionaires of the grantee under the provisions of such sub-
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<br /> section (3) of this paragraph 6B.
<br /> C. The grantee will not `grant or permit any exclusive right for the use of
<br /> the airport at which the property described herein is located which is forbidden
<br /> by Section 308 of the Federal Aviation Act of 1958, as amended, by any person or
<br /> persons to the exclusion of others in the same class and will otherwis e comply
<br /> with all applicable laws. In furtherance of this covenant (but without limiting
<br /> its general applicability and effect), the grantee specifically agrees that, unless
<br /> authorized by the Administrator, it will not, either directly or indirectly, grant
<br /> or permit any person, firm or corporation the exclusive right to conduct any aero-
<br /> nautical activity on the airport including but not limited to, charter flights,
<br /> pilot training, aircraft rental and sightseeing, aerial photography, crop dusting,
<br /> aerial advertising and surveying, air carrier operations, aircraft sales, and
<br /> services, sale of aviation petroleum products whether or not conducted in conjunc-
<br /> tion with other aeronautical activity, repair and maintenance of aircraft, sale
<br /> or aircraft parts, and any other activities which because of their direct relation-
<br /> ship to the operation of aircraft can be regarded as an aeronautical activity. The
<br /> grantee further agrees that it will terminate as soon as possible and no later than
<br /> �the earliest renewal, cancellation, or expiration date applicable thereto, any
<br /> exclusive right existing at any airport owned or controlled by the grantee and
<br /> that, thereafter, no such right shall be granted. However, nothing contained
<br /> herein shall be construed to prohibit the granting or exercise of an exclusive
<br /> right for the furnishing of nonaviation products and supplies or any service of
<br /> a nonaeronautical nature or to obligate the grantee to furnish any particular non-
<br /> aeronautical service at the airport,
<br /> D. The grantee shall, insofar as it is within its powers and to the extent
<br /> reasonable, adequately clear and protect the aerial approach to the airport. The
<br /> grantee will, either by the acquisition and retention of easements or other
<br /> interests in or rights for the use of land airspace or by the adoption and enforce-
<br /> • ment of zoning regulations, prevent the construction, erection, alteration, or
<br /> growth of any structure, tree, or other object in the approach areas of the runways
<br /> of the airport which would constitute an obstruction to air navigation according
<br /> to the criteria or standards prescribed in Part 77 of the Federal Aviation Regula- �
<br /> tions, as applicable, according to the currently approved airport layout plan. In
<br /> addition, the grantee will not erect or permit the erection of any permanent struc-
<br /> ture or facility which would interfere materially with the use, operation, or future
<br /> development of the airport, in any portion of a runway approach area in which the
<br /> grantee has acquired, or may hereafter acquire, property interest permitting it to
<br /> so control the use made of the surface of the land. Insofar as is within its power
<br /> and to the extent reasonable the grantee will take action to restrict the use of
<br /> the land adjacent to or in the immediate vicinity of the airport to activities and
<br /> i purposes compatible with normal airport operations including landing and take-off
<br /> of aircraft,
<br /> E, The grantee will operate and maintain in a safe and serviceable condition,
<br /> as deemed reasonably necessary by the Administrator of the FAA, the airport and all
<br /> facilities thereon and connected therewith which are necessary to service the aero-
<br /> nautical users of the airport other than facilities owned or controlled by the United
<br /> States and will not permit any activity thereon which would interfere with its use
<br /> for airport purposes: Provided, that nothing contained herein shall be construed
<br /> � to require that the airport be operated for aeronautical uses during temporary
<br /> periods when snow, flood, or other climatic conditions interfere with such operation
<br /> and maintenance, repair, restoration or replacement of any structure of facility
<br /> which is substantially damaged or destroyed due to an act of God or other condition
<br /> or circumstance beyond the control of the grantee,
<br /> F, That the grantee will make available all facilities �of the airport at which
<br /> the property described herein is located or developed with Federal aid and all those
<br /> usable for the landing and taking off of aircraft to the tTnited 5tates at all times,
<br /> without charge, for use by aircraft of any Agency of the United States in common
<br /> . with other aircraft, except that if the use by aircraft of any Agency o£ the United
<br /> States in common with other aircraft, is substantial, a reasonable share, propor
<br /> tional to such use, of the cost of operating and maintaining facilities so used,
<br /> may be charged; and unless otherwise determined by the FAA, or otherwise agreed to
<br /> by the grantee and the using Federal Agency, substantial use of an airport by United
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