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<br /> States aircraft will be considered to' exist when operations of such airEraft are
<br /> excess of those which, in the opinion of the FAA, would unduly interfere with use
<br /> ' of the landing area by other authorized aircraft or during any calendar month that
<br /> (1) either five /5 / or more aircraft of any Agency of the United States are regu-
<br /> larly based at the airport or on land adjacent thereto, or (2) the total number
<br /> of movements (counting each landing as a movement and each take-off as a movement)
<br /> of aircraft of any Agency of the United States is 300 or more, .or (3) the gross
<br /> � accumulative weight of aircraft of any Agency of the United States using the air-
<br /> por•t (the total movements of such Federal aircraft multiplied by gross certified
<br /> �
<br /> weigHts thereof) is in excess of five'million pounds.
<br /> G. That during any national emergency declared by the President of the UNITED
<br /> STATES OF AMERICA or the Congress thereof, including any existing national emergency,
<br /> the Government 'shall have the right to make exclusive or nonexclusive use and have
<br /> exclusive or nonexclusive control and possession. without charge, of the airport
<br /> (aeronautical) use property as described in paragraph �, above, or of such portion '.
<br /> thereof as it may desire, provided, however; that the Govern�nent shall be responsi-;
<br /> ble for the entire cost of maintaining such part thereof as �.t ma.y use exclusively, •
<br /> or over which it may have exclusive possession or control, during the period of
<br /> such use, possession, or control, and shall be obligated to contribute a reasonable:
<br /> share, commensurate with the use made by it, of the cost of maintenance of such ,
<br /> property as it may use nonexclusively'or o�er which it may have nonexclusive
<br /> control and possession: Provided, further, that the Government shall pay a fair
<br /> rental for its use, control, or possession, exclusively or nonexclusively, of any
<br /> improvements made without United States aid, and never owned;by the United States. '
<br /> H, The grantee does hereby xelease tHe Government, and:will take whatever
<br /> action may be required by the Administrator of the FAA to as�ure the complete
<br /> release of the Government from any and all liability theGove�nment may be under
<br /> for restoration or other damage under lease No, DA-25-066-Eng-9395 dated October 15,
<br /> 1962, as amende'd, or other agreement covering the use by the;Government of *he air-
<br /> port, or part thereof, owned, controlled or operated by the grantee, upon which,
<br /> adjacent to whi`.ch, or in connection with which, any propertyltransferred by this
<br /> instrument was ;located or used: Provided, that no such release shall be construed !
<br /> as depriving the grantee of any right it. may otherwise have to receive reimburse-
<br /> ment under Section 17 of the Federal A:irport Act of 1946, as amended, for the
<br /> necessary rehabilitation or repair of-,public airports heretofore or hereafter
<br /> substantially damaged by any Federal agency.
<br /> I, That whenever so requested by the FAA, grantee willifurnish without cost
<br /> to the Federal Government, for construction, operation and maintenance of facili-
<br /> ties for air traffic control activities, or weather reporting activities, or
<br /> communication acCivities related to air traffic control, such areas of the
<br /> property described herein or rights in buildings on the airport at which the �
<br /> property described herein is located, as the FAA may consider. necessary or des�irable �
<br /> for construction at Federal expense of space or facilities for such purposes, and
<br /> the grantee wi11 make available such areas or any portion thereof for the purposes ';
<br /> provided herein?within 4 months after :receipt of written reqtiest from the FAA, if
<br /> such are or will be available.
<br /> �
<br /> J. The gr�ntee will: (1) furnish the FAA with annual ox special airport '
<br /> financial and operational reports as may be reasonably requested using either
<br /> forms furnished:by the FAA or in such manner as it elects so ;long as the essential
<br /> data are furnished, and (2) upon reasonable request o£ the FA;4; make available for
<br /> inspection by any duly authorized representative of the FAA the airport, at which
<br /> the property de�cribed herein is located, and a11 airport rec�rds and documents �
<br /> affecting the airport, including deeds, leases, operation and: use agreements,
<br /> regulations, and other instruments andlwill furnish to the FAA a true copy of
<br /> any such docume�t which may be reasonably requested.
<br /> K, And, tliat the grantee will not enter. into any transaiction which would
<br /> operate to deprive it of any of the rights. and powers necessary to perform or com-
<br /> ply with any or all of the covenants and conditions .set forth; herein unleSS by
<br /> such transactio� the obligation to perform or comply with allvsuch covenants and
<br /> conditions is a�sumed by another public agency found by the FAA to be eligible �
<br /> as a public agericy as defined in the Federal Airport Act of 1�46, as amended, to
<br /> � assume such obTigation and have the power, authority, and financial resources to -
<br /> carry out all such obligations and, if' an arrangement is made` for management or
<br /> operation of the airport by any agency;or person other than the party of the.
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