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<br />all existing or future types of aircraft, up to and including the AELUP for JW A Years 1990/2005
<br />"Project Case" noise contours (as depicted in the AELUP for JW A, Appendix D) plus 1.5 dB CNEL,
<br />including the imposition on the surface of the Subject Property and on any and all structures on the
<br />Subject Property of such noise, vibration, fumes, fuel particles, dust, discomfort or other
<br />environmental effects incident to such aircraft operations and any and all resulting annoyance,
<br />nuisance, inconvenience, taking of or damage to the Subject Property, or any portion of the Subject
<br />Property, or other interference with the use and enjoyment of the Subject Property and any
<br />consequent reduction in market value. This A vigation Easement shall continue notwithstanding any
<br />future changes or increases in the type, volume, frequency, duration, or location of operations to,
<br />from or at JW A up to and including the AELUP for JW A Years 1990/2005 "Project Case" noise
<br />contours (as depicted in the AELUP for JW A, Appendix D) plus 1.5 dB CNEL.
<br />
<br />This A vigation Easement also includes all things that may be alleged to be incident to or
<br />resulting from the use and enjoyment of this Easement, including, but not limited to, the Grantee's
<br />continuing right to prevent, prohibit, clear and keep clear from the Airspace above the Property any
<br />buildings, portions of buildings, structures or improvements of any kind, and of trees, vegetation, or
<br />other objects that may cause interference with aircraft navigation and/or operations at JW A,
<br />including the right to remove or demolish those portions of such buildings, structures, improvements,
<br />trees, vegetation, or other objects which extend into the Airspace and, in the reasonable judgment of
<br />the Grantee, may cause interference with aircraft navigation and/or operations at JW A, and, at the
<br />reasonable discretion of the Grantee, the right to mark and light, or cause or require to be marked and
<br />lighted, as obstructions or hazards to air navigation or aircraft operations, any and all buildings,
<br />structures, or other improvements, and trees, vegetation, or other objects, which extend into the
<br />Airspace above the Property. This A vigation Easement also includes the Grantee's right of ingress to,
<br />passage within, and egress from the Property to inspect the Property, improvements or vegetation of
<br />any type on the Property and, to remove any building, structure, other improvement, tree or
<br />vegetation (or portion thereof) which extends into the Airspace in violation of this Section, or to
<br />install such lighting, or marking of any such improvement or vegetation as permitted by this Section;
<br />and for all other purposes described in this Section at reasonable times and after reasonable notice.
<br />Grantee shall use reasonable efforts to minimize any disturbance of the occupants of the Subject
<br />Property in exercising its rights hereunder. If any building, structure, other improvement, tree or
<br />vegetation (or portion thereof) extends into the Airspace in violation of this A vigation Easement,
<br />Grantee shall so notify Grantor, or its successors, of such violation and the requested corrective
<br />measure, which may include, but not be limited to, the installation of such lighting, or marking of any
<br />such improvement or vegetation, as required by law. If the Grantor, or its successors, do not correct
<br />such violation within thirty (30) days, or such shorter time period as may be required by Grantee due
<br />to an emergency or some other circumstance requiring more immediate action, the Grantee shall have
<br />the right of ingress to, passage within, and egress from the Property to remove any building,
<br />structure, other improvement, tree or vegetation (or portion thereof) which extends into the Airspace
<br />in violation of this A vigation Easement, or to install such lighting, or marking of any such
<br />improvement or vegetation, as required by law or as reasonably required by Grantee.
<br />
<br />The cost to remove any building, structure, other improvement, tree or vegetation (or portion
<br />thereof) which extends into the Airspace in violation of this A vigation Easement, or to install such
<br />lighting, or marking of any such improvement or vegetation as permitted by Section 7; and for all
<br />other purposes described Section 7 shall be borne exclusively by Grantor.
<br />
<br />As used in this Avigation Easement, the term "aircraft" shall mean any and all types of
<br />aircraft, whether now in existence or hereafter manufactured and developed, to include, but not be
<br />
<br />Grant of Avigation Easement
<br />DOCSOClll10339v11/24579-0001
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<br />E-3
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<br />11 B-57
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