Common use of Compliance and Use Clause in Contracts

Compliance and Use. Lessee shall operate the Aircraft solely in the conduct of its business and/or for commercial purposes (and not for consumer, personal, home or family purposes) and in a cargo configuration for which Lessee is duly authorized by the FAA and it will not operate or permit the Aircraft to be operated at any time or in any geographic area when or where insurance required by the provisions of Section 14 hereof shall not be in effect, or in a manner, for any time period, such that Lessor or a third party shall be deemed to have "operational control" of the Aircraft. At all times the Aircraft will be operated only by duly qualified, currently certificated pilots as required by the insurance policies required under this Lease. IN ADDITION, EXCEPT AS EXPRESSLY PERMITTED BY THE FOLLOWING PARAGRAPH OR AS SPECIFICALLY CONSENTED TO IN WRITING BY LESSOR, 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 may the Aircraft temporarily fly, be operated, used or located in, or to any such country or area (1) which is excluded from coverage by any insurance policy in effect with respect to such Aircraft or by any insurance policy required by the terms of Section 14 hereof or any country or area not specifically and fully covered by such insurance; (2) in a recognized or threatened area of hostility unless fully covered to Lessor's satisfaction by hull, political, expropriation, hijacking and war risk insurance or (3) to Libya, Iraq, Cuba (other than the United States government facility at Guantanamo Bay), North Korea, or such other country or countries as Lessor shall set forth pursuant to written notice to Lessee from time to time. Lessee further agrees that it shall not operate the Aircraft, or permit the Aircraft to be operated in any manner unless the insurance coverages set forth in Section 14 hereof are in full force and effect.

Appears in 2 contracts

Samples: Aircraft Lease (Kitty Hawk Inc), Aircraft Lease (Kitty Hawk Inc)

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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 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 solely under and in compliance with Part 91 of the conduct of its business and/or FARS, for purposes that are incidental to Lessee's business, and in a manner that is consistent with the transactions hereunder being deemed commercial purposes (and not consumer) transactions under Applicable Law. This Lease is being made and the Aircraft will be used for consumerbusiness or commercial purposes, and not primarily for personal, home family, or family household purposes) and . Unless otherwise expressly permitted hereunder, Lessee shall not operate or permit the Aircraft to be operated for air taxi operations or otherwise under Part 135 of the FARS. The Aircraft shall be used solely in a cargo passenger configuration for which Lessee is duly authorized by the FAA and it 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 provisions of Section 14 hereof shall not be in effect. Unless otherwise expressly permitted by Section 12 of this Lease, or in a manner, for any time period, such that Lessor or a third party Lessee shall be deemed to have "(i) retain operational control" control of the Aircraft. At Aircraft at all times from the Acceptance Date until returning the Aircraft will in accordance with this Lease; and (ii) base the Aircraft at the Primary Hangar Location set forth in Schedule No. 2. The Aircraft will, at all times be operated only by duly qualifiedqualified pilots having (a) the required FAA type rating for the Aircraft, currently certificated pilots as (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 OR AS SPECIFICALLY CONSENTED TO IN WRITING BY LESSOR, 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 may the Aircraft temporarily fly, be operated, used or located in, or to any such country or area (1) which is excluded from coverage by any insurance policy in effect with respect to such Aircraft or by any insurance policy required by the terms of Section 14 hereof or any country or area not specifically and fully covered by such insurance; (2) in a recognized or threatened area of hostility unless fully covered to Lessor's satisfaction by hull, political, expropriation, hijacking and war risk insurance or (3) to Libya, Iraq, Cuba (other than the United States government facility at Guantanamo Bayb), North Korea, or such other country or countries as Lessor shall set forth pursuant to written notice to Lessee from time to time. Lessee further agrees that it shall not operate the Aircraft, or permit the Aircraft to be operated in any manner unless the insurance coverages set forth in Section 14 hereof are in full force and effect.

Appears in 1 contract

Samples: www.sec.gov

Compliance and Use. On the Acceptance Date, and at all times -------------------- thereafter until the Aircraft is returned to Lessor pursuant to this Lease, Lessees shall cause the Aircraft to be and remain duly registered in Lessees' names at the FAA, in accordance with the Transportation Code. Each Lessee shall agrees to comply with all Applicable Law related to this Lease and/or the Aircraft, including its operation, maintenance, airworthiness, safety and security. Each Lessee will operate the Aircraft solely under and in compliance with Part 91 of the conduct of its business and/or FARs, for purposes that are incidental to such Lessee's business, and in a manner that is consistent with the transactions hereunder being deemed commercial purposes (and not consumer) transactions under Applicable Law. Unless otherwise expressly permitted hereunder, Lessees shall not operate or permit the Aircraft to be operated for consumer, personal, home air taxi operations or family purposes) and otherwise under Part 135 of the FARs. The Aircraft shall be used solely in a cargo passenger configuration for which Lessee is Lessees are duly authorized by the FAA and it FAA. Lessees 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 provisions of Section 14 hereof shall not be in effect. Unless otherwise expressly permitted by Section 12 of this Lease, or in a manner, for any time period, such that Lessor or a third party Lessees shall be deemed to have "(i) retain operational control" control of the Aircraft. At Aircraft at all times from the Acceptance Date until returning the Aircraft will in accordance with this Lease; and (ii) shall base the Aircraft at the Primary Hangar Location set forth in Schedule No. 2; provided, however, that the Primary Hangar Location may be -------- ------- changed to another location within the Continental United States upon at least thirty (30) days' prior written notice to Lessor. The Aircraft will, at all times be operated only by duly qualifiedqualified pilots having (a) the required FAA type rating for the Aircraft, currently certificated pilots as (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 OR AS SPECIFICALLY CONSENTED TO IN WRITING BY LESSOR, 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 may the Aircraft temporarily fly, be operated, used or located in, or to any such country or area (1) which is excluded from coverage by any insurance policy in effect with respect to such Aircraft or by any insurance policy required by the terms of Section 14 hereof or any country or area not specifically and fully covered by such insurance; (2) in a recognized or threatened area of hostility unless fully covered to Lessor's satisfaction by hull, political, expropriation, hijacking and war risk insurance or (3) to Libya, Iraq, Cuba (other than the United States government facility at Guantanamo Bay), North Korea, or such other country or countries as Lessor shall set forth pursuant to written notice to Lessee from time to time. Lessee further agrees that it shall not operate the Aircraft, or permit the Aircraft to be operated in any manner unless the insurance coverages set forth in Section 14 hereof are in full force and effect.

Appears in 1 contract

Samples: Aircraft Lease (Pomeroy It Solutions Inc)

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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 Aircraft shall operate the be used in furtherance of Lessee’s business or other objectives. The Aircraft shall be used solely in the conduct of its business and/or for commercial purposes (and not for consumer, personal, home or family purposes) and in a cargo passenger configuration for which Lessee is duly authorized by the FAA and it FAA. Lessee will not operate or permit the Aircraft to be operated at any time or in any geographic area when or where insurance required by the provisions of Section 14 hereof shall not be in effect, . Lessee will not operate or permit the Aircraft to be operated in a manner, for any time period, such that Lessor or a third party (except, where expressly permitted hereunder, an air carrier or air taxi operator certificated under Part 121 or Part 135 of the Federal Aviation Regulations) shall be deemed to have "operational control" of the Aircraft. Without the prior written consent of Lessor or except as otherwise expressly permitted hereunder, Lessee shall not operate or permit the Aircraft to be operated under Part 135 of the Federal Aviation Regulations. Throughout the Term, 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 Primary Hangar Location set forth in Schedule No. 2 to Lease Supplement No. 1. At all times the Aircraft will be operated only by duly qualified, currently certificated pilots as required by the insurance policies required under this Lease. IN ADDITION, EXCEPT AS EXPRESSLY PERMITTED BY THE FOLLOWING PARAGRAPH OR AS SPECIFICALLY CONSENTED TO IN WRITING BY LESSORPARAGRAPH, 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 ’s business; provided, however, that in no event may the Aircraft temporarily fly, be operated, used or located in, to or to over any such country or area (1) which is excluded from coverage by any insurance policy in effect with respect to such Aircraft or by any insurance policy required by the terms of Section 14 hereof or any country or area not specifically and fully covered by such insurance; (2) in a recognized or threatened area of hostility unless fully covered to Lessor's ’s satisfaction by hull, political, expropriation, hijacking and war risk insurance or (3) to Libya, Iraq, Cuba (other than with which the United States government facility at Guantanamo Bay), North Korea, or such other country or countries as Lessor shall set forth pursuant to written notice to Lessee from time to timeof America does not maintain diplomatic relations. Lessee further agrees that it shall not operate the Aircraft, or permit the Aircraft to be operated in any manner unless the insurance coverages set forth in Section 14 hereof herein are in full force and effect.

Appears in 1 contract

Samples: Aircraft Lease (Copart Inc)

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