Common use of Compliance and Use Clause in Contracts

Compliance and Use. Lessee agrees that the Aircraft will be ---------- --- --- maintained, used and operated in compliance with any and all statutes, laws, ordinances, regulations and mandatory standards or directives issued by any governmental agency applicable to the maintenance, use or operation thereof, in compliance with any airworthiness certificate, license or registration relating to the Aircraft issued by any agency and in a manner that does not modify or impair any existing warranties on the Aircraft or any part thereof. Lessee will, and will cause any Permitted Sublessee to, operate the Aircraft solely in the conduct of its business and not operate or permit the Aircraft to be operated (i) at any time or in any geographic area when insurance required by the provision of Section 14 hereof shall not be in effect, or (ii) in a manner wherein the predominance of use during any consecutive twelve month period would be for purposes other than transportation for Lessee, or any Permitted Sublessee, or in a manner, for any time period, such that Lessor (or a third party not permitted by the terms of this Lease) shall be deemed to have "operational control" of the Aircraft. Throughout the Term of this Lease, the possession, use and maintenance of the Aircraft shall be at the sole risk and expense of Lessee and the Aircraft shall be based at the Principal Location set forth in Exhibit B. In no event will the Aircraft be principally based outside the United States. At all times the Aircraft will be operated only by duly- qualified, currently-certified pilots or pilots possessing the minimum total pilot hours required for certification by the FAA and shall not be used for the transport of contraband.

Appears in 1 contract

Samples: Aircraft Lease (American Income Partners v B LTD Partnership)

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Compliance and Use. (i) Except as permitted in Section 16, Lessee agrees that the Aircraft will be ---------- --- --- maintained, used and operated in compliance with any and all statutes, laws, ordinances, regulations and mandatory standards or directives issued by any governmental agency applicable to the maintenance, use or operation thereof, in compliance with any airworthiness certificate, license or registration relating to the Aircraft issued by any agency and in a manner that does not modify or impair any existing warranties on the Aircraft or any part thereof. Lessee will, and will cause any Permitted Sublessee to, operate the Aircraft solely in the conduct of its business and/or for commercial purposes (and not for consumer, home or family purposes) and in such configuration as authorized by the FAA. Lessee will not operate the Aircraft or permit the Aircraft to be operated (iA) at any time or in any geographic area when or where insurance required by the provision provisions of Section 14 hereof shall is not be in effect, or (iiB) in a manner wherein the predominance of use during any consecutive twelve month period would be for purposes other than transportation for Lessee, or any Permitted Sublessee, or in a manner, for any time period, period such that Lessor (or a third party not permitted by the terms of this Lease) shall Person other than Lessee will be deemed to have "operational control" of the AircraftAircraft without the prior written consent of Lessor, or (C) for the carriage of persons or property for hire or the transport of mail or contraband. Throughout the Term of this LeaseTerm, the possession, use and maintenance of the Aircraft shall will be at the sole risk and expense of Lessee and the Aircraft shall will be based at the Principal Primary Hangar Location set forth in Exhibit B. In no event Schedule 2. Lessee will deliver to Lessor a written waiver of any Lien or claim of Lien against the Aircraft that is or could be principally based held by any landlord (other than a governmental entity) or mortgagee of any hangar or storage facility where the Aircraft is or will be located. Lessee will not remove the Aircraft, or permit the Aircraft to be removed, from its designated Primary Hangar Location for a period in excess of thirty (30) days without Lessor’s prior written consent. Lessee will cause the Aircraft to be operated at all times by duly qualified pilots who (x) are supplied by Lessee, (y) hold at least a valid commercial airman certificate and instrument rating and any other certificate, rating, type rating or endorsement appropriate to the Aircraft, purpose of flight, condition of flight or as otherwise required by the FARS or other applicable law or regulation, and (z) meet the requirements established and specified by the insurance policies required hereunder and the FAA. (II) The Aircraft shall not be operated, used or located outside the continental United States except that it may be flown temporarily to any country in North America, Central America or South America for any purpose expressly permitted under this Lease. Notwithstanding the foregoing, the Aircraft shall not be flown, operated, used or located in, to or over any such country or area (temporarily or otherwise), (A) which is excluded from the required insurance coverages, or would otherwise cause Lessee to be in breach of the insurance requirements or other provisions, of this Lease (provided, further, prior to any operation in Mexico, Lessee shall (x) provide prior written notice to Lessor, and (y) furnish Lessor with evidence of insurance coverage for such use), (B) with which the U.S. does not maintain favorable diplomatic relations, (C) in any area of recognized or threatened hostilities, (D) in violation of any applicable law, including any U.S. law or United Nations Security Council Directive, (E) which is subject to any sanction program of the Office of Foreign Assets Control or (F) in a manner that causes it to be deemed to have been used or operated “predominantly” outside of the United States. At all times , as that phrase is used in Section 168(g)(1)(A) of the Aircraft will be operated only by duly- qualified, currently-certified pilots or pilots possessing the minimum total pilot hours required for certification by the FAA and shall not be used for the transport of contrabandCode.

Appears in 1 contract

Samples: Aircraft Lease Agreement (Ahern Rentals Inc)

Compliance and Use. Lessee agrees to comply with all laws, regulations and governmental orders related to this Lease and/or the Aircraft, its use or possession. The Lessee acknowledges that this is a commercial transaction. The Aircraft shall be used in furtherance of Lessee's business or other objectives, provided, however, that the Aircraft will shall be ---------- --- --- maintainedused for the purposes warranted in Section 6(r), but in any event, predominantly for business and commercial purposes. The Aircraft shall be used and operated in compliance with any and all statutes, laws, ordinances, regulations and mandatory standards or directives issued by any governmental agency applicable to the maintenance, use or operation thereof, in compliance with any airworthiness certificate, license or registration relating to the Aircraft issued by any agency and solely in a manner passenger configuration that does not modify or impair any existing warranties on the Aircraft or any part thereofis supported by a properly completed FAA Form 337. Lessee will, and will cause any Permitted Sublessee to, operate the Aircraft solely in the conduct of its business and not operate or permit the Aircraft to be operated (i) at any time or in any geographic area when or where insurance required by the provision of Section 14 provisions hereof shall not be in effect, . Lessee will not operate or (ii) in a manner wherein permit the predominance of use during any consecutive twelve month period would Aircraft to be for purposes other than transportation for Lessee, or any Permitted Sublessee, or operated in a manner, for any time period, such that Lessor (or a third party not (except, where expressly permitted by hereunder, an air carrier or air taxi operator certificated under Part 121 or Part 135 of the terms of this LeaseFederal Aviation Regulations) shall be deemed to have "operational control" of the Aircraft. Lessee shall not operate or permit the Aircraft to be operated under Part 135 of the Federal Aviation Regulations. Throughout the Term of this LeaseTerm, the possession, use and maintenance of the Aircraft shall be at the sole risk and expense of Lessee and the Aircraft shall be based at the Principal Primary Hangar Location set forth in Exhibit B. In Schedule No. 2 to Lease Supplement No. 1. The Aircraft will, at all times be operated by at least two duly qualified pilots having (a) the required FAA type rating for the Aircraft, (b) the required FAA pilot certificates and ratings, (c) a valid FAA Medical Certificate, (d) satisfied all security requirements imposed by any governmental authority having jurisdiction and (e) met any and all requirements established and specified by (i) the FAA, the Transportation Security Administration and any other applicable governmental authority and (ii) the insurance policies required under this Lease. IN ADDITION, EXCEPT AS EXPRESSLY PERMITTED BY THE FOLLOWING PARAGRAPH, THE AIRCRAFT SHALL NOT BE OPERATED, USED OR LOCATED OUTSIDE THE CONTINENTAL UNITED STATES. Notwithstanding the foregoing, Lessor agrees that the Aircraft may be flown temporarily to any country in the world in connection with the conduct of Lessee's business; provided, however, that in no event will may the Aircraft temporarily fly, be principally based outside the United States. At all times the Aircraft will be operated only by duly- qualifiedoperated, currently-certified pilots used or pilots possessing the minimum total pilot hours required for certification by the FAA and shall not be used for the transport of contraband.located in, to or over any such country or

Appears in 1 contract

Samples: Aircraft Lease (Drivetime Automotive Group Inc)

Compliance and Use. On the Acceptance Date, and at all times thereafter until the Aircraft is returned to Lessor pursuant to this Lease, Lessee shall cause the Aircraft to be and remain duly registered in only the Lessor's name at the FAA, in accordance with the Transportation Code. Lessee agrees that to comply with all Applicable Law related to this Lease and/or the Aircraft, including its operation, maintenance and security. Lessee will operate the Aircraft will be ---------- --- --- maintained, used under and operated in compliance with any and all statutesPart 91 of the FARS, lawsfor purposes that are incidental to Lessee's business, ordinances, regulations and mandatory standards or directives issued by any governmental agency applicable to the maintenance, use or operation thereof, in compliance with any airworthiness certificate, license or registration relating to the Aircraft issued by any agency and in a manner that does is consistent with the transactions hereunder being deemed commercial (and not modify or impair any existing warranties on consumer) transactions under Applicable Law. This Lease is being made and the Aircraft will be used for business or any part thereof. Lessee willcommercial purposes, and will cause any Permitted Sublessee tonot primarily for personal, operate the Aircraft solely in the conduct of its business and family, or household purposes. Unless otherwise expressly permitted hereunder, Lessee shall not operate or permit the Aircraft to be operated (i) for air taxi operations or otherwise under Part 135 of the FARS. The Aircraft shall be used solely in a passenger configuration for which Lessee is duly authorized by the FAA. Lessee will not operate or permit the Aircraft to be operated in any manner at any time or in any geographic area when or where insurance required by the provision of Section 14 provisions hereof shall not be in effect, or (ii) in a manner wherein the predominance of use during any consecutive twelve month period would be for purposes other than transportation for Lessee, or any Permitted Sublessee, or in a manner, for any time period, such that Lessor (or a third party not . Unless otherwise expressly permitted by the terms of this Lease) shall be deemed to have "operational control" of the Aircraft. Throughout the Term Section 12 of this Lease, the possession, use and maintenance Lessee shall (i) retain operational control of the Aircraft shall be at all times from the Acceptance Date until returning the Aircraft in accordance with this Lease; and (ii) base the Aircraft at the sole risk and expense of Lessee and the Aircraft shall be based at the Principal Primary Hangar Location set forth in Exhibit B. In no event will the Schedule No. 2. The Aircraft be principally based outside the United States. At will, at all times the Aircraft will be operated only by duly- qualified, currently-certified duly qualified pilots or pilots possessing having (a) the minimum total pilot hours required for certification by the FAA and shall not be used type rating for the transport of contrabandAircraft, (b) the required FAA pilot certificates and ratings, (c) a valid FAA Medical Certificate, (d) satisfied all security requirements imposed by any governmental authority having jurisdiction and (e) met any and all requirements established and specified by (i) the FAA, the Transportation Security Administration and any other applicable governmental authority and (ii) the insurance policies required under this Lease.

Appears in 1 contract

Samples: Lease (Pfsweb Inc)

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Compliance and Use. Lessee agrees that the Aircraft will be ---------- --- --- ------------------- maintained, used and operated in compliance with any and all statutes, laws, ordinances, regulations and mandatory standards or directives issued by any governmental agency applicable to the maintenance, use or operation thereof, in compliance with any airworthiness certificate, license or registration relating to the Aircraft issued by any agency and in a manner that does not modify or impair any existing warranties on the Aircraft or any part thereof. Lessee will, and will cause any Permitted Sublessee to, operate the Aircraft solely in the conduct of its business and not operate or permit the Aircraft to be operated (i) at any time or in In any geographic area when insurance required by the provision of Section 14 hereof shall not be in effect, or (ii) in a manner wherein the predominance of use during any consecutive twelve month period would be for purposes other than transportation for Lessee, or any Permitted Sublessee, or in a manner, for any time period, such that Lessor (or a third party not permitted by the terms of this Lease) shall be deemed to have "operational control" of the Aircraft. Throughout the Term of this Lease, the possession, use and maintenance of the Aircraft shall be at the sole risk and expense of Lessee and the Aircraft shall be based at the Principal Location set forth in Exhibit B. In no event will the Aircraft be principally based outside the United States. At all times the Aircraft will be operated only by duly- qualified, currently-certified pilots or pilots possessing the minimum total pilot hours required for certification by the FAA and shall not be used for the transport of contraband.

Appears in 1 contract

Samples: Aircraft Lease (American Income Partners v B LTD Partnership)

Compliance and Use. (i) Except as permitted in Section 16, Lessee agrees that the Aircraft will be ---------- --- --- maintained, used and operated in compliance with any and all statutes, laws, ordinances, regulations and mandatory standards or directives issued by any governmental agency applicable to the maintenance, use or operation thereof, in compliance with any airworthiness certificate, license or registration relating to the Aircraft issued by any agency and in a manner that does not modify or impair any existing warranties on the Aircraft or any part thereof. Lessee will, and will cause any Permitted Sublessee to, operate the Aircraft solely in the conduct of its business and/or for commercial purposes (and not for consumer, home or family purposes) and in such configuration as authorized by the FAA. Lessee will not operate the Aircraft or permit the Aircraft to be operated (iA) at any time or in any geographic area when or where insurance required by the provision provisions of Section 14 hereof shall is not be in effect, or (iiB) in a manner wherein the predominance of use during any consecutive twelve month period would be for purposes other than transportation for Lessee, or any Permitted Sublessee, or in a manner, for any time period, period such that Lessor (or a third party not permitted by the terms of this Lease) shall Person other than Lessee will be deemed to have "operational control" of the AircraftAircraft without the prior written consent of Lessor, or (C) for the carriage of persons or property for hire or the transport of mail or contraband. Throughout the Term of this LeaseTerm, the possession, use and maintenance of the Aircraft shall will be at the sole risk and expense of Lessee and the Aircraft shall will be based at the Principal Primary Hangar Location set forth in Exhibit B. In no event Schedule 2. Lessee will deliver to Lessor a written waiver of any Lien or claim of Lien against the Aircraft that is or could be principally based held by any landlord (other than a governmental entity) or mortgagee of any hangar or storage facility where the Aircraft is or will be located. Lessee will not remove the Aircraft, or permit the Aircraft to be removed, from its designated Primary Hangar Location for a period in excess of thirty (30) days without Lessor’s prior written consent. Lessee will cause the Aircraft to be operated at all times by duly qualified pilots who (x) are supplied by Lessee, (y) hold at least a valid commercial airman certificate and instrument rating and any other certificate, rating, type rating or endorsement appropriate to the Aircraft, purpose of flight, condition of flight or as otherwise required by the FARS or other applicable law or regulation, and (z) meet the requirements established and specified by the insurance policies required hereunder and the FAA. (ii) The Aircraft shall not be operated, used or located outside the continental United States except that it may be flown temporarily to any country in North America, Central America or South America for any purpose expressly permitted under this Lease. Notwithstanding the foregoing, the Aircraft shall not be flown, operated, used or located in, to or over any such country or area (temporarily or otherwise), (A) which is excluded from the required insurance coverages, or would otherwise cause Lessee to be in breach of the insurance requirements or other provisions, of this Lease (provided, further, prior to any operation in Mexico, Lessee shall (x) provide prior written notice to Lessor, and (y) furnish Lessor with evidence of insurance coverage for such use), (B) with which the U.S. does not maintain favorable diplomatic relations, (C) in any area of recognized or threatened hostilities, (D) in violation of any applicable law, including any U.S. law or United Nations Security Council Directive, (E) which is subject to any sanction program of the Office of Foreign Assets Control or (F) in a manner that causes it to be deemed to have been used or operated “predominantly” outside of the United States. At all times , as that phrase is used in Section 168(g)(1)(A) of the Aircraft will be operated only by duly- qualified, currently-certified pilots or pilots possessing the minimum total pilot hours required for certification by the FAA and shall not be used for the transport of contrabandCode.

Appears in 1 contract

Samples: Aircraft Lease Agreement (Ahern Rentals Inc)

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