Repository: UIHistories Project: Board of Trustees Minutes - 1944 [PAGE 850]

EXTRACTED TEXT FROM PAGE:

1944]

UNIVERSITY OF ILLINOIS

847

conducted, the amount of the Federal funds to be expended, and all other matters relating to the project. T h e University will cooperate with the Government to ensure prosecution of the project without interference or hindrance, and agrees to permit the agents and employees of the Government and all persons authorized by the Administrator to enter upon, use, and occupy the property to be developed, as the Administrator may deem necessary or desirable in connection with the conduct of the project, (b) The University agrees to indemnify and save harmless the Government against and from any and all claims and damages which may arise from or in connection with the carrying out of the project, excepting claims for injuries or death to persons resulting from willful or negligent acts or omissions of the Government or any of its officers, employees, agents, or agencies, all other claims sounding in tort, and claims for materials furnished or work performed pursuant to authority given by officers, employees, or agents of the Government. (c) It is understood and agreed that all improvements made under the project shall be the sole and absolute property of the University except where specifically agreed otherwise, in writing, prior to the undertaking of the improvement or installation in question. ( d ) T h e University agrees that, continuously during the term of this agreement, the Airport will be operated as such, and for no other purpose, and that unless utilized exclusively for military purposes, it will at all times be operated for the use and benefit of the public, on reasonable terms and without unjust discrimination, and without grant or exercise of any exclusive right for use of the Airport within the meaning of Section 303 of the Civil Aeronautics Act of 1938. Without limiting the generality of the phrase "use and benefit of the public," it shall be deemed to include whatever use the University shall make of the project in connection with the development and execution of its civil and military research and educational programs, whether at Champaign-Urbana or in collaboration with its laboratories in Chicago; and such use by the University shall, in the discretion of the Board of Trustees of the University and the Administrator, have first preference over any other use, except such as the United States may require in time of emergency or otherwise. (e) The University agrees that it will at all times during the term of this agreement maintain in good and serviceable condition and repair the entire landing area of the Airport and all improvements, facilities and equipment which have been or may be made, constructed, or installed with Federal aid, including all improvements made under the project, other than facilities and equipment owned by the Government; provided, that during any period the said landing area or airport improvements, facilities or equipment are leased by or licensed to the Government for military purposes, the University shall be obligated to bear only that proportion of the expense of maintenance of the landing area or airport improvements, facilities, or equipment so leased or licensed, which their non-military use bears to their total use. (f) In so far as is within its legal powers and reasonably possible, the University will prevent any use of land either within or outside the boundaries of the Airport, including the construction, erection, alteration o r growth, of any structure or other object thereon, which would be a hazard to the landing, taking-off, or maneuvering of aircraft, at the Airport, or otherwise limit its usefulness as an Airport. (g) In order to protect the rights and interests of the Government under this resolution, the University agrees that it will not enter into any transaction which would operate to deprive it of any of the rights and powers necessary to perform any or all of the covenants made herein, unless by such transaction the obligation to perform all such covenants is assumed by another public agency or unless such transaction be approved by the Administrator. T h e University of Illinois further agrees that it will not execute any deed, lease, operation or management agreement, or other instrument affecting the Airport or any portion or facility thereof or interest therein, even though the other party to the transaction is the Government acting through the W a r Department or Navy Department, unless thirty days' notice of its intention so to do has been given to the Administrator, or unless the Administrator has waived the right to such notice. A copy of the proposed instrument in question shall be attached to said notice, which shall state the date upon which the same is to be executed.