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c. lt will inciude in all published material prepared in connection with the planning project a notice that the material <br />was prepared under a grant provided by the United States. <br />d. It will make such material available for examination by the public, and agrees that no material prepared wi[h <br />funds under this project shall be subject to copyright in the United States or any other country. <br />e. it will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the <br />material prepared in connection with this grant. <br />f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their <br />subcontractors to do all or any pan of this project as well as the right to disapprove the proposed scope and cost of <br />professional services. <br />g. It will grant the Secretary the right to disapprove the use of the sponsor's empioyees to do all or any part of the <br />project. <br />h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any <br />planning material developed as part of this grant does no1 constitute or impiy any assurance or commitment on the part of the <br />Secretary to approve any pending or future application for a Federal airport grant. <br />19. Operation and Maintenance, <br />a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities <br />owned or controiled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance <br />with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance <br />and operation. It wiil not cause or permit any activiry or action thereon which would interfere with its use for airport <br />purposes. It will suitably operate and maintain the airport and aIl facilities thereon or connected therewith, with due regard to <br />climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be <br />approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for- (1) Operating <br />the airport's aeronautical facilities whenever required; <br />(2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and <br />(3) Promptly notifying airmen of any condition afl'ecting aeronautical use of the airport. Nothing contained herein shall be <br />construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other <br />climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the <br />maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due <br />to an act of God or other condition or circumstance beyond the control of the sponsor. <br />b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which <br />Federal funds have been expended. <br />20. Hazard Removal and Mitigation. It will take appropriate action to assute that such terminal airspace as is required to <br />protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and proteeted by <br />removing, lowering, relocating, marking, or lighting or othenvise mitigating existing airport hazards and by preventing the establishment or creation <br />of future airport hazards. <br />21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to <br />reshict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, <br />including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any <br />change in land use, within its jurisdiction, that will reduce its compatibiliry, with respect to the airport, of'the noise compatibility program measures <br />upon which Federalfunds have been expended. <br />22. Economic Nondiscrimination. <br />a. It will make the airport available as an airport for public use on reasonable terms and without unjust <br />discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering <br />services to Ihe public at the airport. <br />b. In any agreement, contracl, lease, or other arrangement under which a right or privilege at the airport is granted to <br />any person, firm, or corporation to conduct or to engage in any aeronautical activity for fumishing services to the public at <br />the airport, the sponsor will insert and enforce provisions requiring the contractor to- <br />(1) fumish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and <br />(2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the <br />contracior may be allowed to make reasonable and nondiscriminatory discounu, rebates, or other similar types of <br />price reductions to volume purchasers. <br />Page 19 of 28 <br />