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<br />" <br /> <br />.. <br /> <br />d. consistent with safety and security requirements, it <br />shall make the airport or air navigational facility <br />available to all types, kinds and classes of aeronautical <br />use without discrimination between such types, kinds and <br />classes and shall provide adequate public access during <br />the term of this Agreement; and <br /> <br />e. it shall not grant or permit anyone to exercise an <br />exclusive right for the conduct of aeronautical activity <br />on or about an airport landing area. Aeronautical <br />activities include, but are not limited to scheduled <br />airline flights, charter flights, flight instruction, <br />aircraft sales, rental and repair, sale of aviation <br />petroleum products and aerial applications. The landing <br />area consists of runways or landing strips, taxiways, <br />parking aprons, roads, airport lighting and navigational <br />aids; and <br /> <br />f. it shall not permit non-aeronautical use of airport <br />facilities without prior approval of the State; and <br /> <br />g. it shall not enter into any agreement nor permit any <br />aircraft to gain direct ground access to the Sponsor's <br />airport from private property adjacent to or in the <br />immediate area of the airport. Further, Sponsor shall <br />not allow aircraft direct ground access to private <br />,property. Sponsor shall be subject to this prohibition, <br />.conunonly known as a "through-the-fence operation," unless <br />an exception is granted in writing by the State due to <br />extreme circumstances; and <br /> <br />h. it will acquire all property interests identified as <br />needed for the purposes of this project and comply with <br />all applicable ,state and federal laws, rules, <br />regulations, procedures, covenants and assurances <br />required by the State of Texas or the FAA in connection <br />with the federal grant in the acquisition or such <br />property interests; and that airport property identified <br />within the scope of this project and Attorney's <br />Certificate of Airport Property Interests shall be <br />pledged to airport use and shall not be removed from such <br />use without prior written approval of the State; and <br /> <br />i. the Sponsor shall submit to the State annual statements <br />of airport revenues and expenses; and <br /> <br />j. all fees collected for the use of an airport or <br />navigational facility constructed with funds provided <br />under the program shall be reasonable and <br />nondiscriminatory. The proceeds of such fees shall be <br />used solely for the development, operation and <br />maintenance of the airport or navigational facility. <br /> <br />Page 5 of 14 <br />