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<br />All conditions recommended by the FAA in its "Determination of No Hazard to Air
<br />Navigation" are complied with, consistent with FAA standards and requirements.
<br />
<br />Extraordinary maintenance and repair activities (e.g., boiler replacement, fa<;:ade replacement,
<br />elevator equipment replacement, cooling tower replacement, seismic damage repair) may be required
<br />after construction of the Project. For purposes of this Avigation Easement, the City will not consider
<br />these types of extraordinary maintenance and repair activities as encroachment(s) on, or violations of,
<br />this Avigation Easement, provided that all of the following apply:
<br />
<br />The FAA has conducted any required aeronautical study of the proposed object(s)
<br />required to be utilized during the extraordinary maintenance and repair activities pursuant to FAA
<br />Order 7400.2E, and any and all successor revisions or regulations, and has issued a "Determination
<br />of No Hazard to Air Navigation" for the proposed objects; and
<br />
<br />All conditions recommended by the FAA in its "Determination of No Hazard to Air
<br />Navigation" are complied with, consistent with FAA standards and requirements.
<br />
<br />In the event of any disaster or other casualty directed against or affecting the building(s)
<br />located on the Subject Property which damages or destroys the building(s), Grantor shall be entitled
<br />to demolish, reconstruct, repair or replace the building(s) on the terms set forth above in Section 14
<br />ofthis Avigation Easement, subject to any required FAA determination(s) and recommendation(s).
<br />
<br />The parties to this A vigation Easement acknowledge and agree that the easement, and all the
<br />rights, easements, benefits, restrictions, covenants and agreements set forth herein shall run with the
<br />land of the Grantor and the City, and any grantee, heir, agent, successor or assign of the Grantor who
<br />acquires any estate or interest in or right to use the Subject Property shall be bound by this Avigation
<br />Easement for the benefit of JW A and the City, and its agents, successors and assigns, including,
<br />without limitation, the tenants and licensees of the City, and all users of JW A. This A vigation
<br />Easement and all rights pertaining hereto is hereby vested in the Grantee, its successors and assigns,
<br />forever and without limit in time, and shall be binding upon and inure to the benefit of the successors
<br />and assigns of Grantor.
<br />
<br />Grantor, and the grantees, heirs, agents, successors, and assigns of Grantor, hereby fully
<br />waive and forever release, and covenant not to assert or bring any right or cause of action, which it or
<br />they might now have, or which it or they may have in the future, against the City, its agents,
<br />successors, and assigns, or against the tenants, licensees, permittees, or users of JW A, caused by or
<br />relating to the use of this A vigation Easement or the exercise of rights under this A vigation
<br />Easement. This grant of this easement shall not operate to deprive the Grantor, its heirs, agents,
<br />successors, and assigns, of any rights which may from time to time arise against any air carrier or
<br />private operator for negligent or unlawful operation of aircraft.
<br />
<br />In the event that anyone or more covenant, condition, right or other provision contained in
<br />this A vigation Easement is held to be invalid, void, or illegal by any court of competent jurisdiction,
<br />the same shall be deemed severable from the remainder of this A vigation Easement and shall in no
<br />way affect, impair, or invalidate any other covenant, condition, right or other provision contained in
<br />this A vigation Easement.
<br />
<br />This A vigation Easement constitutes an enforceable restriction pursuant to the provisions of
<br />California law, including, but not limited to, Section 21652 of the California Public Utilities Code,
<br />
<br />Grant of Avigation Easement
<br />DOCSOC/1 II0339vl1/24579-0001
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<br />E-5
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<br />11 B-59
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