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The Grantor, for and on behalf of himself and all successors in interest to any and all of the real <br /> property above described, does further hereby covenant and agree with the Grantee that it will <br /> not from and after the effective date hereof, sue, prosecute, molest, or trouble the Grantee in <br /> respect to or on account of the flight of any and all aircraft over or near the said parcel of land <br /> or for any effects resulting therefrom including but not limited to noise, air pollution, or any and <br /> all other possible damages to or taking of said property resulting from such flights. <br /> This easement and non-suit covenant is granted solely to Dane County as operator of Dane County <br /> Regional Airport, and any successor agency, and does not grant any right to private persons or <br /> corporations. <br /> "Navigable Airspace"means airspace above the minimum altitudes of flight prescribed by regulations <br /> issued under the Federal Aviation Act of 1958, Section 101 (24) 49 U.S. Code 1301, and shall <br /> include airspace needed to ensure safety in the takeoff and landing of aircraft. <br /> To have and to hold said easement forever. <br /> (Witness, signatures, and dates follow in customary local format.) <br /> • NOTE: This clause should be omitted from avigation easements that are purchased or secured from participants in the purchase <br /> assurance or sales assistance programs rather than secured as a condition of subdivision approval. <br /> D-15 November 1990 <br />