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Exhibit 10.40
OAKLAND INTERNATIONAL AIRPORT
FORM "A"
South Airport Tenant (A.O.A.)
Date: August 1, 1989
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Ref: - Lease Agreement/Right of Entry Between Port
of Oakland and Tenant/Lessee
- FAR 107.11(B)
- M.O.I.A. Security Program dated 5/1/88
"EXCLUSIVE AREA SECURITY AGREEMENT"
This letter serves as an agreement between Federal Express Corporation
("Federal Express") and the Port of Oakland. The purpose of this agreement is
to identify the "Restricted Area(s)" and "Air Operations Area(s)" of the (AOA)
as associated access points for which Federal Express agrees herein to
exercise exclusive security responsibility under the Metropolitan Oakland
International Airport Security Program, and the F.A.R. 107.11B. A copy of
the Federal Express exclusive area is depicted on Tab "T" of the M.O.I.A.
Security Manual and identified as those doors and/or gates of the AOA/or
restricted areas which borders Bldg. 119; all doors, thoroughfares and ramp
area(s) adjacent to the building complex, Gates #C-5 and C-6____________________
________________________________________________________________________________
________________________________________________________________________________
associated with leased facilities. The procedures implemented by Federal
Express to secure these AOA'(s) or Restricted Area(s) in accordance with the
M.O.I.A. Security Program are also described below:
1. For that portion of the AOA which borders all doors and/or
thoroughfare(s) of Building M-119 and the associated ramp, Federal
Express personnel will control access to this AOA by locking all
doors when unattended. All personnel entries into exclusive area via
Building M-119 will be subjected to the exclusive control of Federal
Express Personnel access beyond "exclusive areas" onto common use
AOA's will be first established by positive identification and
authorized access certification as outlined in, Section 404 of the
M.O.I.A. Security Program.
2. Federal Express agrees to control the movement of persons within its
exclusive area by the posting of signs and necessary surveillance as
required to maintain compliance with Section 404 of the M.O.I.A.
Security Program.
3. Federal Express will ensure that "back ground check(s)" are
accomplished and that current records are maintained in accordance
with Section 404.A3 and B of the M.O.I.A. Security Manual.
4. Federal Express agrees to maintain a current manifest of personnel
having authorized airport I.D. Access Badges and will promptly
notify the Airport Manager or his delegated representative of any
assigned I.D. Badge deemed out of control due to termination of
employee, loss of I.D. badge(s), etc.
5. Federal Express personnel will challenge all persons within or
adjacent to their exclusive use area(s) not recognized as authorized
presence within the AOA (Re:
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"EXCLUSIVE AREA SECURITY AGREEMENT"
FORM "A" South Airport Tenant (continued)
404 of the M.O.I.A. Security Program) and promptly report them to
airport management (i.e., Airport Operations Control Center).
6. Federal Express will immediately notify the Airport Manager or his
designated representative each time a suspicious act is observed or
an unresolved question arises concerning airport security.
7. Federal Express will promptly notify the Airport Manager or his
designated representative when the procedures described herein are
not adequate to perform the control function as stated.
8. Federal Express personnel and/or representative(s) when utilizing
common use passenger gates/doors which affords access onto the
AOA (i.e., loading bridges, baggage carousel(s), baggage door
portals, etc.) will secure common use doors immediately upon
completion of aircraft/passenger operations and will ensure that
common use gates and/or doors are not left unattended while open
during aircraft/passenger operation details.
9. Federal Express personnel and/or representative(s) when escorting
(i.e., sponsoring and/or facilitating) cargo operations within
the common use area(s) of the AOA will control movement of person by
abiding by the personnel identification rules as outlined in section
404 of the M.O.I.A. Security Program.
10. Federal Express will ensure compliance with vehicle access I.D.
program (Positive Identification) for company and/or contract
service vehicle(s) while within/on the AOA.
11. Federal Express agrees to control the movement of persons sponsored
and/or escorted onto the A.O.A. as required and to maintain
compliance with Section 404 of the M.O.I.A. Security Program.
Federal Express shall promptly reimburse the Port the amount of
any civil penalty or fine that may be assessed against the Port
by any governmental agency for violation of airport security
rules or regulations which violation is caused by Federal Express
failure to comply with "Exclusive Area Security Agreement."
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Date Airline Station Manager/Tenant
08/10/89 /s/ BEN BETANCOUNT
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Date Airport Manager
Attachment FEDERAL EXPRESS CORPORATION
BY: /s/ GILBERT MOOK
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TITLE: VP
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cc: M.O.I.A. Security Manual - Tab "T"
Airport Properties Department
Airport Tenant Chron File