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Non-Exclusive License Agreement

 

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Title:

Non-Exclusive License Agreement

Entities:

AirNet Systems, Inc.

Date:

2004

Size:

155KB total

Price:

$60

ID:

#877908

 

 

► Licensing ► Licenses ► Non-Exclusive License Agreements
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NON-EXCLUSIVE

 

LICENSE AGREEMENT

 

TO CONDUCT AN

 

AERONAUTICAL BUSINESS

 

AT

 

RICKENBACKER INTERNATIONAL AIRPORT

 

 

BETWEEN

 

COLUMBUS REGIONAL AIRPORT AUTHORITY

 

AND

 

AIRNET SYSTEMS, INC.

 



 

TABLE OF CONTENTS

 

Background Information

 

Statement of Agreement

 

1. License Granted

 

2. Term of Agreement and Renewals

 

3. Fees

 

4. Quality of Licensees Services

 

5. Environmental Hazards

 

6. Insurance

 

7. The Authority Held Harmless

 

8. Exemption of the Authority from Liability

 

9. Default and Right of Termination

 

10. Taxes and Licenses

 

11. Operating Expenses

 

12. Right of Inspection

 

13. Signs

 

14. Restrictions and Regulations

 

15. Uniform Changes

 

16. Leased Facilities

 

17. Services

 

18. No Representations by the Authority

 

19. Nondiscrimination and Affirmative Action Program

 

20. Other Restrictions

 

21. Payments and Notices

 

22. Attorneys Fees and Costs

 

23. Relationship Between Parties

 

24. Severability

 

25. Governing Law

 

26. Time of Essence

 

27. Complete Agreement

 

28. Successors In Interest

 

29. Third Party Beneficiaries

 

30. Waiver of Default

 

31. Construction of Agreement

 

32. Exculpation

 

33. Survivability

 

Minimum Standards For Commercial Aeronautical Activities

 

Exhibit A

 

 

2



 

NON-EXCLUSIVE LICENSE AGREEMENT

 

This Non-Exclusive License Agreement (License) is entered into as of January 20, 2004, by and between the Columbus Regional Airport Authority (the Authority), a port authority organized and existing under the laws of the State of Ohio and Airnet Systems, Inc. (Licensee), a corporation organized and existing under the laws of the State of Ohio.

 

 

Background Information

 

A.                                   The Authority is the owner of property (that property conveyed by Quitclaim) of the former Rickenbacker Air Force Base located in Franklin and Pickaway Counties, State of Ohio, the remainder of said former Base being still owned by the United States of America. Pursuant to a Joint Use Agreement dated September 16, 1991, between the United States of America and the Authority, the Authority is required or permitted to use and operate certain runways, ramps, navigational aids, and other improvements (collectively the Airfield) located on the property still owned by the United States. The Authority intends to develop the Quitclaim property and Airfield as a public facility for the accommodation of air commerce. The Quitclaim property, the Airfield and all other property owned by the United States of America which was a part of the former Rickenbacker Air Force Base will be referred to herein as Rickenbacker Airport or the Airport.

 

B.                                     Licensee desires to engage in certain aeronautical business activities at the Airport on a non-exclusive basis under the terms and subject to the conditions set forth in this License Agreement. This License Agreement is being executed and delivered at the same time as the execution and delivery of (i) a lease between the Authority and Licensee relating to Licensees lease of certain land at the Airport upon which Licensee will conduct its aeronautical business activities (the Lease), (ii) an Operating Agreement between the Authority and Licensee relating to Licensees operations at the Airport (the Operating Agreement) and iii) a Commingling Fuel Agreement between the Authority and Licensee relating to Licensees use of the Airport Fuel System (the Fuel Agreement).

 

 

Statement of Agreement

 

The parties acknowledge the accuracy of the foregoing background information and hereby agree as follows:

 

1.                               License Granted

 

1.1.                       The Authority hereby grants to Licensee, subject to all of the terms, conditions, and covenants of this Agreement, a non-exclusive license to conduct at the

 

3



 

Airport the aeronautical business activities as specified in Categor(y)(ies) checked below, in accordance with, and subject to the minimum standards therefor attached to this Agreement:

 

 

Category A

 

 

 

 

 

 

 

 

a)

 

Flight Training

 

 

 

 

 

 

b)

 

Aircraft Charter, Air Taxi and Freight Carriage (Not applicable to airline operations)

 

 

 

 

 

 

o

c)

 

Aircraft Rental

 

 

 

 

 

 

Category B

 

 

 

 

 

 

 

 

a)

 

Maintenance and Rebuilding of Aircraft and Engines, aircraft Components and Accessories, and Installation of Aircraft Engines, Parts, Accessories and Equipment, excluding sub-category b)

 

 

 

 

 

 

b)

 

Maintenance & Installation of Aircraft Radios, Communications and Navigation Equipment (excluding over-the-counter repairs)

 

 

 

 

 

 

c)

 

Aircraft Sales

 

 

 

 

 

 

d)

 

Sale of Aircraft Parts, Accessories and Equipment

 

 

 

 

 

 

 

e)

 

Aircraft Painting

 

 

 

 

 

 

o

f)

 

Aircraft Interior Refurbishing

 

 

 

 

 

 

Category C

 

 

 

 

 

 

 

 

o

a)

 

Aerial Advertising

 

 

 

 

 

 

o

b)

 

Aerial Applications: Spraying, Dusting or Seeding

 

 

 

 

 

 

o

c)

 

Aerial Photography

 

 

 

 

 

 

o

d)

 

Aerial Surveying

 

 

 

 

 

 

o

e)

 

Aerial Patrol of Pipelines or Utility Lines

 

 

 

 

 

 

o

f)

 

Helicopter Operations in Construction or Repair Work (External Lift)

 

 

 

 

 

 

o

g)

 

Air Ambulance and Medical Evacuation

 

4



 

 

o

h)

 

Parachute Rigging, Jumping, Jump Training and Flight Services for Parachute Related Activities

 

 

 

 

 

 

o

i)

 

Sales of Pilot supplies

 

 

 

 

 

 

j)

 

Maintenance and Repair of Aircraft Radios, Communications and Navigational Equipment (delivered over-the-counter for such repairs)

 

 

 

 

 

 

Category D

 

 

 

 

 

 

 

 

a)

 

Storage of Aircraft - Single Volume Hangar

 

 

 

 

 

 

Category E

 

 

 

 

 

 

 

 

o

a)

 

Storage of Aircraft - T Hangars

 

 

 

 

 

 

Category F

 

 

 

 

 

 

 

 

a)

 

Line Service

 

 

 

 

 

 

b)

 

Contract Fueling

 

 

 

 

 

 

c)

 

Cargo Handling

 

 

 

 

 

 

d)

 

Maintenance or Repair of Ground Support Equipment(GSE)

 

1.2.                       Licensee agrees to conduct each service and activity specified above. Licensee shall not conduct any service or activity which is not specified above. In the event Licensee wishes to discontinue any service or activity, or to conduct additional services or activities, it shall submit in writing a request for such deletion or addition of service or activity for approval of the Authority, which approval shall not be unreasonably withheld or delayed.

 

1.3.                       Licensee shall be entitled, in common with others so authorized, to the use of all facilities and improvements of a public nature which now are or may hereafter be connected with or appurtenant to the Airport, including but not limited to the use of landing areas, runways, taxiways, navigational aids, terminal facilities and aircraft parking areas designated by the Authority.

 

1.4.                       Licensee hereby acknowledges and agrees for itself, its employees, agents, contractors, customers, and invitees to comply with, abide by, uphold and enforce on, in and about its place of business, the Rickenbacker Airport Rules and Regulations, as they may be amended from time to time, which are incorporated into and made a part of this Agreement.

 

5



 

1.5.                       Licensee acknowledges that the Authority will not require any of the users of the products or services specified above to use Licensee and that the Authority will from time to time grant other non-exclusive licenses to others to supply the same or similar products and services.


 

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