Pt. 152, App. D

14 CFR Ch. I (1-1-19 Edition)

do not apply to the covenant against exclusive rights and real property acquired with
Federal funds. Any breach of these covenants
on the part of the sponsor may result in the
suspension or termination of, or refusal to
grant Federal assistance under, FAA administered programs, or such other action which
may be necessary to enforce the rights of the
United States under this agreement.
18. Conditions and limitations on airport use.
The Sponsor will operate the Airport as such
for the use and benefit of the public. In furtherance of this covenant (but without limiting its general applicability and effect), the
Sponsor specifically agrees that it will keep
the Airport open to all types, kinds, and
classes of aeronautical use on fair and reasonable terms without discrimination between such types, kinds, and classes. Provided, that the sponsor may establish such
fair, equal, and not unjustly discriminatory
conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the Airport; and Provided
further, That the Sponsor may prohibit or
limit any given type, kind, or class of aeronautical use of the Airport if such action is
necessary for the safe operation of the Airport or necessary to serve the civil aviation
needs of the public.
19. Exclusive right. The Sponsor - 
a. Will not grant or permit any exclusive
right forbidden by Section 308(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1349(a)) at
the Airport, or at any other airport now
owned or controlled by it;
b. Agrees that, in furtherance of the policy
of the FAA under this covenant, unless authorized by the Administrator, it will not,
either directly or indirectly, grant or permit
any person, firm or corporation the exclusive
right at the Airport, or at any other airport
now owned or controlled by it, to conduct
any aeronautical activities, including, but
not limited to charter flights, pilot training,
aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising
and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted
in conjunction with other aeronautical activity, repair and maintenance of aircraft,
sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity.
c. Agrees that it will terminate any existing exclusive right to engage in the sale of
gasoline or oil, or both, granted before July
17, 1962, at such an airport, at the earliest renewal, cancellation, or expiration date applicable to the agreement that established the
exclusive right; and
d. Agrees that it will terminate any other
exclusive right to conduct an aeronautical
activity now existing at such an airport be-

fore the grant of any assistance under the
Airport and Airway Development Act.
20. Public use and benefit. The Sponsor
agrees that it will operate the Airport for
the use and benefit of the public, on fair and
reasonable terms, and without unjust discrimination. In furtherance of the covenant
(but without limiting its general applicability and effect), the Sponsor specifically
covenants and agrees:
a. That in its operation and the operation
of all facilities on the Airport, neither it nor
any person or organization occupying space
or facilities thereon will discriminate
against any person or class of persons by reason of race, color, creed, or national origin in
the use of any of the facilities provided for
the public on the Airport.
b. That in any agreement, contract, lease
or other arrangement under which a right or
privilege at the Airport is granted to any
person, firm, or corporation to conduct or
engage in any aeronautical activity for furnishing services to the public at the Airport,
the Sponsor will insert and enforce provisions requiring the contractor - 
(1) To furnish said service on a fair, equal,
and not unjustly discriminatory basis to all
users thereof, and
(2) To charge fair, reasonable, and not unjustly discriminatory prices for each unit or
service; Provided, That the contractor may
be allowed to make reasonable and nondiscriminatory discounts, rebates, or other
similar types of price reductions to volume
purchasers.
c. That it will not exercise or grant any
right or privilege which would operate to
prevent any person, firm or corporation operating aircraft on the Airport from performing any services on its own aircraft with
its own employees (including, but not limited to maintenance and repair) that it may
choose to perform.
d. In the event the Sponsor itself exercises
any of the rights and privileges referred to in
subsection b, the services involved will be
provided on the same conditions as would
apply to the furnishing of such services by
contractors or concessionaires of the Sponsor under the provisions of such subsection
b.
21. Nonaviation activities. Nothing contained
herein shall be construed to prohibit the
granting or exercise of an exclusive right for
the furnishing of nonaviation products and
supplies or any service of a nonaeronautical
nature or to obligate the Sponsor to furnish
any particular nonaeronautical service at
the Airport.
22. Operation and maintenance of the airport.
The Sponsor will operate and maintain in a
safe and serviceable condition the Airport
and all facilities thereon and connected
therewith which are necessary to serve the
aeronautical users of the Airport other than
facilities owned or controlled by the United

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