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public nuisance: Provided, however, that this <br />prohibition shall be effective only so long as the <br />public use airport operations is operated in <br />accordance with the rules of the Indiana <br />Department of Transportation, Division of <br />Aeronautics, or its successor, and there is no <br />significant change in the hours of operation of <br />the public use airport operation, and the public <br />use airport operations are not operated in a <br />negligent manner. <br />d) That grantee, its successors and assigns <br />shall not initiate or support action in any court <br />or before any governmental agency if the purpose <br />of such operation is to interfere with, restrict, <br />or reduce the operation of the Michiana Regional <br />Airport or the use of the Michiana Regional <br />Airport by any aircraft as relating to the landing <br />and takeoff of aircraft generating high noise <br />levels. <br />e) That grantee, its successors and assigns <br />promise, covenant and warrant that they, their <br />successors and assigns, will not hereinafter use <br />or permit or suffer the use of the premises hereby <br />conveyed and in such a manner as to create <br />electrical interference with radio or electronic <br />navigational airport or aircraft aids so as to <br />create any interference with radio communication <br />between any installation or installation of any <br />type of lights which would interfere with night <br />aircraft operations or make it difficult for <br />flyers to distinguish between airport lights, and <br />others, or as to impair visibility in the vicinity <br />of the Michiana Regional Airport or as to <br />otherwise endanger the landing, taking off or <br />maneuvering of aircraft at the Michiana Regional <br />Airport. <br />f) Title to the premises shall revert to the <br />grantor or its successors or assigns should the <br />premises not be devoted only to use for the <br />operation of a public golf course, or other <br />recreational use as may be approved by the grantor <br />or its successors or assigns, in writing or if the <br />premises are not used by grantee or are abandoned <br />by grantee. <br />g) The covenants contained herein, run with the <br />land and in favor of grantor, and may be enforced <br />by grantor, its successors and assigns, or the <br />County of St. Joseph. <br />-7- <br />