Common use of Lawful and Safe OperationLawful and Clause in Contracts

Lawful and Safe OperationLawful and. Safe Operation ---------------------------- The Lessee shall: a. comply with the law for the time being in force in any country or jurisdiction in which the Aircraft is being operated which is applicable to the Aircraft or the use and operation of the Aircraft; b. not use the Aircraft in any manner contrary to any requirement of the Aviation Authority or the DGAC or the manufacturers of the Aircraft, any Engine or any Part or any rule or regulation of the Aviation Authority or the DGAC or for any purpose for which the Aircraft is not designed or reasonably suitable; provided, that, after providing the Lessor with a certificate of its President, Director of Finance or chief internal legal counsel stating all relevant facts with respect thereto, the Lessee may, in good faith and by appropriate procedures, contest the validity or application of any such requirement, rule or regulation in any reasonable manner which does not materially adversely affect the Lessor, or any of its interests in or to the Aircraft or this Agreement; c. ensure that the crew and engineers employed by it in connection with the operation and maintenance of the Aircraft have the qualifications and hold the licenses required by the Aviation Authority (or the DGAC, if applicable) and applicable law; d. use the Aircraft solely in commercial or other operations for which the Lessee is duly authorized by the Aviation Authority, the DGAC and applicable law; e. not knowingly use the Aircraft (or use it when the Lessee ought reasonably to have known that it was being so used) for the carriage of: i. whole animals, living or dead, except in the cargo compartments according to IATA regulations, and except domestic pet animals carried in a suitable container to prevent the escape of any liquid and to ensure the welfare of the animal; ii. acids, toxic chemicals, other corrosive materials, explosives, nuclear fuels, nuclear wastes or any nuclear assemblies or components, except as permitted for cargo aircraft under the "Restriction of Goods" schedule issued by IATA from time to time and provided that all the requirements for packaging or otherwise contained therein are fulfilled; iii. any other goods, materials or items of cargo which could reasonably be expected to cause damage to the Aircraft and which would not be adequately covered by the Insurances; or iv. any illegal item or substance; f. not utilize the Aircraft for purposes of training, qualifying or re-confirming the status of cockpit personnel except for the benefit of the Lessee's cockpit personnel, and then only if the use of the Aircraft for such purpose is not disproportionate to the use for such purpose of other aircraft of the same type operated by the Lessee; g. not cause or permit the Aircraft to proceed to, or remain at, any location which is for the time being the subject of a prohibition order (or any similar order or directive) by: i. any Government Entity of the State of Registration or the Habitual Base; or ii. any Government Entity of the country in which such location is situated; or iii. any Government Entity having jurisdiction over the Aircraft; provided, however, that the failure of the Lessee to comply with the provisions of this sentence shall not give rise to a Default or an Event of Default hereunder where such failure is attributable to a hijacking, medical emergency, equipment malfunction, weather condition, navigational error or other isolated extraordinary event (not within the Lessee's control) and the Lessee is diligently proceeding to rectify such failure as soon as is reasonably practicable; and h. obtain and maintain in full force all certificates, licenses, permits and authorizations required for the use and operation of the Aircraft for the time being, and for the making of payments required by, and the compliance by the Lessee with its other obligations under, this Agreement.