Control of Aircraft. It is expressly agreed and understood by the parties that, for all flights for Lessee under this Agreement, Lessor shall have possession, command, and control of the Aircraft, and shall maintain and exercise operational control over the Aircraft, all pilots, all servicing and loading of the Aircraft, and all Maintenance performed on the Aircraft. For the purpose of this Agreement, operational control shall include, without limitation, exclusive control over:
(a) all pilots;
(b) determinations whether any particular flight may be safely operated;
(c) initiation and termination of flights
(d) directions to pilots to conduct flights;
(e) dispatch or release of flights;
(f) servicing the Aircraft; and
(g) airworthiness and performance of maintenance.
Control of Aircraft. During all Flight Periods, CFS shall have command and operational control over the Aircraft, all flight crews, and all servicing and loading of the Aircraft. For the purpose of this Lease, operational control includes, without limitation, exclusive control over: (a) all flight crews; (b) determinations whether any particular flight may be safely commenced or operated; (c) assignment of flight crew to particular flights; (d) initiation and termination of all flights; (e) directions to flight crews to conduct flights; and (f) dispatch or release of flights.
Control of Aircraft. During all flights under this Agreement, the Aircraft shall be within the possession, command, and control of Lessor, and all such flights shall be under the operational control (as that term is defined in Section 1.1 of the FAR) of Lessor.
Control of Aircraft. The contractor shall maintain control over the aircraft listed in Appendix 3A to the extent necessary to assure the contractor's ability to meet its guarantee under CRAF. At any time during the contract period and upon demand of the CO, the contractor shall furnish evidence that demonstrates required control of the aircraft. The contractor shall not part with control of any aircraft accepted by AMC and listed in Appendix 3A unless the loss is beyond the control of the contractor (such as aircraft accident), or the CO, at his option, has agreed to the substitution of other acceptable aircraft and has accomplished such substitution by contract modification. If an accident results in the loss of an aircraft, and no substitute will be provided, the contractor shall notify the CO in writing within 24 hours and shall provide the information required in Appendix 3, paragraph 3. The parties agree that failure of the contractor to maintain control of any aircraft listed in Appendix 3A, unless loss of the control is beyond the control of the contractor (such as aircraft accident) or approved by the CO, will constitute failure to have a currently existing capability to perform services called for and will justify termination of this contract under the clause entitled "Federal Acquisition Regulation (FAR) 52.249-8, Default (Fixed-Price Supply and Service) Alternate I." In lieu of default, the Government may, at its option by unilateral contract modification, reduce its purchase of airlift services for passengers or cargo, or both, during the remaining period of the contract by an amount equal to the award share for the remaining period of the contract attributable, under the formula used to determine the original contract award entitlement, to the aircraft removed from the AMC contract creditable mobilization base and deleted from Appendix 3A.
Control of Aircraft. Unless otherwise expressly permitted in this Agreement, it shall maintain de facto operational control of all Aircraft, (i) through crew employed by, or subject to the direct control of, the Obligor or (ii) through a Person that is partially owned by an Obligor or a joint venture in either of which the Obligor's participation is sufficient to enable it to provide, control or actively monitor the operation and maintenance of the Aircraft, except:
(a) with the prior written consent of the Agent;
(b) an Aircraft may be delivered to a manufacturer or to any other person for testing, overhaul, service, repair or maintenance work to be carried out upon it or for modification, alterations or changes permitted or required to be made by this Agreement to be carried out thereon; or
(c) not more than 10% of the aggregate value of all Aircraft owned or leased by Obligors in the total fleet of the Obligors may be outside the operational control of an Obligor through "dry" leases.
Control of Aircraft
