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Title: |
Airport Use and Lease Agreement |
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Entities: |
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Date: |
2006 |
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Size: |
163KB total |
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Price: |
$64 |
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ID: |
#1057326 |
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Start of Preview |
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AIRPORT USE AND LEASE AGREEMENT
BETWEEN
WAYNE COUNTY AIRPORT AUTHORITY
AND
NORTHWEST AIRLINES, INC.
DATED AS OF , 2005
[McNamara Terminal Agreement]
TABLE OF CONTENTS
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Page(s) |
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ARTICLE I |
Premises |
2 |
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A. |
Use of Airport |
2 |
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B. |
Lease of Space |
7 |
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1. Preferential Use Premises |
7 |
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2. Shared Use Premises |
14 |
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C. |
Public Space |
14 |
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D. |
Parking Space |
14 |
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E. |
Right of Ingress and Egress |
15 |
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F. |
Fuel |
15 |
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ARTICLE II |
Term |
16 |
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ARTICLE III |
Rentals, Fees and Charges |
16 |
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A. |
Cost Centers |
17 |
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B. |
Allocation Methodology |
17 |
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C. |
Terminal Rentals |
17 |
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1. South Terminal Rentals |
17 |
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2. North Terminal Rentals |
19 |
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D. |
Terminal Use Charges for Shared Use Premises |
20 |
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E. |
Activity Fees |
22 |
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F. |
International Facilities Use Fees FIS Facilities |
24 |
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G. |
Continuing Rental Obligation |
24 |
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H. |
Payment of Terminal Charges and Activity Fees |
26 |
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1. Information on Signatory Airlines Operations |
26 |
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2. Projection of Rentals and Activity Fees |
28 |
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3. Payment of Terminal Charges and Activity Fees |
29 |
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4. Adjustment of Terminal Charges and Activity Fees |
30 |
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5. Preliminary Annual Settlement and Final Audit |
30 |
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I. |
Supplemental Capital Cost Payments |
33 |
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ARTICLE IV |
Lessor Covenants; Capital Expenditures |
34 |
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ARTICLE V |
Construction, Maintenance and Repair by Lessee |
37 |
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ARTICLE VI |
Right of Entry by Lessor |
39 |
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ARTICLE VII |
Maintenance, Operation and Repair by Lessor |
40 |
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ARTICLE VIII |
Utility Services |
44 |
i
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ARTICLE IX |
Space for United States Weather Bureau, Postal Service, |
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Federal Aviation Administration, and Express Agencies |
44 |
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ARTICLE X |
Airline Clubs |
44 |
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ARTICLE XI |
Rules and Regulations |
45 |
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ARTICLE XII |
Control of Rates, Fares or Charges |
45 |
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ARTICLE XIII |
Damage or Destruction of Premises |
46 |
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ARTICLE XIV |
Cancellation by Lessor |
47 |
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ARTICLE XV |
Cancellation by Lessee |
49 |
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ARTICLE XVI |
Suspension and Abatement |
51 |
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ARTICLE XVII |
Arbitration |
51 |
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ARTICLE XVIII |
Indemnity |
53 |
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ARTICLE XIX |
Insurance |
53 |
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1. Commercial General Liability Insurance |
54 |
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2. Aviation Public Liability Insurance |
54 |
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3. Workers Compensation Insurance |
55 |
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4. All Risk Physical Damage Insurance |
55 |
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ARTICLE XX |
Quiet Enjoyment |
56 |
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ARTICLE XXI |
Title to Equipment, Improvements and Facilities |
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Erected by Lessee |
56 |
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ARTICLE XXII |
Surrender of Possession |
57 |
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ARTICLE XXIII |
Mineral Rights |
57 |
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ARTICLE XXIV |
Condemnation |
58 |
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ARTICLE XXV |
Assignment and Subletting |
58 |
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ARTICLE XXVI |
Subsidiary Companies |
59 |
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ARTICLE XXVII |
Notices |
59 |
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ARTICLE XXVIII |
Definitions |
59 |
ii
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ARTICLE XXIX |
Paragraph Headings |
71 |
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ARTICLE XXX |
Invalid Provision |
72 |
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ARTICLE XXXI |
Successors and Assigns Bound by Covenants |
72 |
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ARTICLE XXXII |
Right to Lease to United States Government |
72 |
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ARTICLE XXXIII |
Covenants Against Discrimination |
73 |
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A. |
Covenant Pursuant to Requirements of the |
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Department of Transportation |
73 |
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B. |
Employment |
73 |
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C. |
Affirmative Action Program |
74 |
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D. |
Disadvantaged Business Enterprise |
74 |
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1. Policy |
74 |
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2. DBE Obligation |
75 |
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ARTICLE XXXIV |
Conformity of Agreement |
75 |
iii
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EXHIBITS |
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Exhibit A |
Airport | |
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Exhibit B |
[Intentionally omitted] | |
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Exhibit C |
Lessees Preferential South Terminal Space and Shared Use South Terminal Space | |
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Exhibit D |
Priorities for Use of International Gates | |
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Exhibit E |
Allocation of O&M Expenses and Bond Debt Service | |
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Exhibit F |
Airport Parcels to be Sold | |
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Exhibit G |
[Intentionally omitted] | |
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Exhibit H |
Required Use of PFCs | |
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Exhibit I |
Facilities Use Fees | |
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Exhibit J |
Terminal Cost Centers |
iv