Common use of Availability and Delivery Clause in Contracts

Availability and Delivery. The Aircraft shall be available to Lessee, and shall be scheduled for use, on an as-needed and first-come, first-serve basis with respect to use by Lessor, Lessee and other lessees of the Aircraft. In order to schedule the use of the Aircraft, Lessee shall contact Lessor and specify the dates and times use of the Aircraft is requested. At such time, Lessor shall indicate whether or not the Aircraft is available. Should the Aircraft not be available at the requested time, Lessor may indicate alternative dates and times the Aircraft is available to Lessee. Lessee shall not have the right to use the Aircraft for a period of time that would exceed 7 consecutive days without the prior consent of Lessor. The home base of operation of the Aircraft shall be Brookings, SD (“Base of Operations”).