Lessee Covenants. LESSEE covenants and agrees: a. To obtain all licenses an registrations required by law (except FAA registrations, which shall be obtained by LESSOR) in the name of LESSEE and LESSOR; to pay all taxes, assessments, licenses and other fees and charges imposed by any national, state, or municipal government or other public or airport authority of any nature whatsoever on his Lease, any payments hereunder, on the Aircraft or on its use during the term of this Lease (including penalties and interest), whether the same be payable by or assessed to LESSOR or LESSEE and whether assessed during the term or after the expiration or cancellation of this Lease. b. That the Aircraft will be used and operated (1) in accordance with Part 135 regulations and requirements and the manufacturer's operating instructions; (2) in conformity with all laws, ordinances, rules an regulations, national, state, municipal or otherwise, now existing or hereafter enacted, controlling or in any way affecting the operation, use or possession of the Aircraft or the use of any airport premises by the Aircraft, including, without limitations, any requirements or practices required for the aircraft to remain under U.S. registration: and (3) only in compliance with the conditions an limitations set forth in the applications for and policies of insurance required by this Lease and the Aircraft shall not be used and operated for any purpose or in any manner or geographic area which is excluded or prohibited by said insurance policies, or this Lease and LESSEE shall not fly or suffer the Aircraft to be flown at any time any insurance policy required by this Lease shall not be in full force and effect; c. At LESSEE'S sole expense, to maintain and keep the Aircraft in good order and repair and completely airworthy, and in accordance with the requirements for Part 135 use, which shall include, but shall not be limited to, maintenance and repair in accordance with the requirements of the FAA an any other governmental authority, including engines, which may be worn out, lost, destroyed, confiscated or otherwise rendered unsatisfactory or unavailable for use in or on the Aircraft, which replacements shall be in good operating condition and have a value, utility, and quality at least equal to the property replaced if such property were in good operating condition and be free and clear of all liens and encumbrances, it being understood that for so long (and for only so long) as LESSEE shall be in default hereunder and no event shall have occurred that would become entitled to exercise LESSOR's rights and privileges under the warranties of the manufacturers of the Aircraft, the term of which warranties are known and understood by LESSEE, and that, except in case of emergencies, all repairs and maintenance shall be performed at service facilities certified by the FAA as a repair facility; d. at LESSEE's expense (1) to cause all inspections an all major overhauls on the Aircraft and its engines to be performed as required by the FAA and any other governmental authority; (2) to comply with all directives and requirements of the FAA and any other governmental authority pertaining to the Aircraft; and (3) to comply with the manufacturers service letters and bulletins applicable to the Aircraft; e. that LESSEE shall not make any alterations or modifications to the Aircraft or install any additional equipment (including, without limitations, and rental engine) therein or thereon without prior written consent of LESSOR; that unless otherwise agreed in writing prior to installation, all additional equipment installed in the Aircraft shall become the property of LESSOR forthwith, be included in the definition of the Aircraft and subject to all of the terms and conditions of this Lease; f. that neither this Lease nor LESSEE's rights hereunder shall be assignable by LESSEE nor shall the Aircraft be subleased or loaned without prior written consent of LESSOR, which consent shall not be unreasonably withheld, and LESSEE will not permit any charge, lien, or encumbrance of any nature to be placed or to remain upon the Aircraft; provided, however, that nothing herein shall prevent LESSEE from operating the Aircraft with its pilots in command on flights for compensation; g. At the time of delivery it shall be conclusively presumed that LESSEE accepted the Aircraft in its then condition and fit for LESSEE's intended use; to be in good, safe and serviceable condition and fit for LESSEE's intended use; to permit LESSOR and its designees at all reasonable times to inspect the Aircraft to determine the condition thereof and to ascertain whether or not LESSEE is performing its agreements relative to proper care and maintenance of the Aircraft; and to furnish any information with respect to the Aircraft and its use and maintenance that LESSOR may reasonably request. h. to be liable to LESSOR for any indemnify LESSOR against any and all damages to the Aircraft which occurs in any manner form any cause or causes during the term of this Lease or until the re-delivery of the Aircraft to LESSOR, except to the extent that LESSOR shall be promptly paid for such damage pursuant to the heretofore described insurance, and to indemnify and save LESSOR harmless from and against any and all claims, costs, expenses, demands, liabilities, penalties, fines, and forfeitures of any nature whatsoever which may be asserted against LESSOR or the Aircraft or incurred by LESSOR not caused by any act or omission on the part of LESSOR and arising out of or in any manner occasioned by LESSEE's use, operation or maintenance of the Aircraft during the term of this Lease or until re-delivery of the Aircraft to LESSOR and that this covenant of indemnify shall survive the expiration, cancellation or termination of this lease; i. to maintain all records, logs, and other materials required by the FAA and any other governmental authority to be maintained in respect of the Aircraft, to make the same available at all reasonable times for inspection by LESSOR and at the expiration or termination of this Lease to deliver such materials to LESSOR; j. to permit the Aircraft to be operated only b a pilot having at least a valid FAA commercial pilot/airman's certificate an 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 FAA or any other governmental authority and which meets the minimum requirements of the heretofore described Insurance policies, certificates or applications, or under direct and immediate supervision of a pilot holding at least a valid FAA commercial pilot/airman's certificate and an instrument rating, and which supervised pilot holds at least a valid commercial pilot certificate 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 FAA or any other governmental authority and which meets the minimum requirements of the heretofore described insurance policies, certificates or applications; k. to pay for all fuel, oil and other consumables for operation of the Aircraft; and l. to cooperate with LESSOR in the filing of this Lease and any and all related documents with the FAA by LESSOR or its agents or attorneys;
Appears in 1 contract
Lessee Covenants. LESSEE covenants and agrees:2.01 To pay rent
a. 2.02 To obtain all licenses an registrations required by law (except FAA registrations, which shall be obtained by LESSOR) in the name of LESSEE and LESSOR; to pay all taxes, assessments, licenses telephone installation and usage charges.
2.03 To pay when due any business licence fees and other fees charges levied or assessed in respect of the use and charges imposed occupancy of the Premises, the business or businesses carried on therein.
2.04 AND to repair, reasonable wear and tear and damage by fire, lighting, tempest and earthquake excepted; and to give to the Lessor or the agent of the Lessor immediate notice of any nationaldefect in water, state, or municipal government gas or other public pipes or airport authority of any nature whatsoever on his Leasefixtures, any payments hereunderheating apparatus, telephone, electric or other wires or fixtures situated on the Aircraft or on its use during the term of this Lease (including penalties and interest), whether the same be payable by or assessed to LESSOR or LESSEE and whether assessed during the term or after the expiration or cancellation of this LeasePremises.
b. That 2.05 AND that the Aircraft Lessor may enter and view the state of repair and that the Lessee will be used repair according to notice, reasonable wear and operated (1) in accordance with Part 135 regulations tear and requirements damage by fire, lightning, tempest and the manufacturer's operating instructions; (2) in conformity with all laws, ordinances, rules an regulations, national, state, municipal or otherwise, now existing or hereafter enacted, controlling or in any way affecting the operation, use or possession of the Aircraft or the use of any airport premises by the Aircraft, including, without limitations, any requirements or practices required for the aircraft to remain under U.S. registration: and (3) only in compliance with the conditions an limitations set forth in the applications for and policies of insurance required by this Lease and the Aircraft shall not be used and operated for any purpose or in any manner or geographic area which is excluded or prohibited by said insurance policies, or this Lease and LESSEE shall not fly or suffer the Aircraft to be flown at any time any insurance policy required by this Lease shall not be in full force and effectearthquake excepted;
c. At LESSEE'S sole expense2.06 AND that the Lessee will leave the Premises in good repair, to maintain reasonable wear and tear and damage by fire, lightning, tempest and earthquake excepted;
2.07 AND the Lessee will keep the Aircraft and leave whole and in good order all water, gas and repair electric fixtures, glass, pipes, locks, fastenings, hinges, window shades, sash cords, heating and completely airworthycooling apparatus under the control of and used by the Lessee and leave all brass, copper or other metals and in accordance with all windows, in, on or attached to the requirements for Part 135 usePremises cleaned and polished;
2.08 AND will not assign without leave;
2.09 AND will not sublet without leave;
2.10 AND will not carry on or do or allow to be carried on or done on the Premises any work, which shall includebusiness, but shall not be limited tooccupation, maintenance and repair in accordance with the requirements of the FAA an any other governmental authority, including engines, act or thing whatever which may be worn out, lost, destroyed, confiscated or otherwise rendered unsatisfactory become a nuisance or unavailable for use in or on the Aircraft, which replacements shall be in good operating condition and have a value, utility, and quality at least equal annoyance to the property replaced if such property were in good operating condition and be free and clear of all liens and encumbrancesLessor, it being understood that for so long (and for only so long) as LESSEE shall be in default hereunder and no event shall have occurred that would become entitled to exercise LESSOR's rights and privileges under the warranties public or any other occupant of the manufacturers said building or which may increase the hazard of fire or liability of any kind or which may increase the Aircraft, premium rate of insurance against loss by fire or liability upon the term said building or the Premises or invalidate any policy of which warranties are known and understood by LESSEE, and that, except insurance of any kind upon or in case respect of emergencies, all repairs and maintenance shall be performed at service facilities certified by the FAA as a repair facilitysame;
d. at LESSEE's expense (1) to cause all inspections an all major overhauls on the Aircraft and its engines to be performed as required by the FAA and any other governmental authority; (2) to comply with all directives and requirements of the FAA and any other governmental authority pertaining to the Aircraft; and (3) to comply with the manufacturers service letters and bulletins applicable to the Aircraft;
e. that LESSEE shall 2.11 AND will not make any alterations in the structure, plan or modifications to partitioning of the Aircraft or Premises, not install any additional equipment (includingplumbing, piping, wiring, or heating apparatus without limitations, and rental engine) therein or thereon without the prior written consent permission of LESSOR; that unless the Lessor or the agent of the Lessor and at the end or sooner termination of the Term will restore the Premises to their present condition if called upon to do so by the Lessor but otherwise agreed in writing prior to installationall repairs, all additional equipment installed in alterations, installations and additions made by the Aircraft Lessee upon the Premises, except gas and electric fixtures and movable business fixtures, shall become be the property of LESSOR forthwith, the Lessor and shall be included considered in the definition all respects as part of the Aircraft and subject to all of the terms and conditions of this Lease;
f. that neither this Lease nor LESSEE's rights hereunder shall be assignable by LESSEE nor shall the Aircraft be subleased or loaned without prior written consent of LESSOR, which consent shall not be unreasonably withheld, and LESSEE will not permit any charge, lien, or encumbrance of any nature to be placed or to remain upon the Aircraft; provided, however, that nothing herein shall prevent LESSEE from operating the Aircraft with its pilots in command on flights for compensation;
g. At the time of delivery it shall be conclusively presumed that LESSEE accepted the Aircraft in its then condition and fit for LESSEE's intended use; to be in good, safe and serviceable condition and fit for LESSEE's intended use; to permit LESSOR and its designees at all reasonable times to inspect the Aircraft to determine the condition thereof and to ascertain whether or not LESSEE is performing its agreements relative to proper care and maintenance of the AircraftPremises; and to furnish any information with respect to the Aircraft and its use and maintenance that LESSOR may reasonably request.
h. to be liable to LESSOR for any indemnify LESSOR against any and all damages to the Aircraft which occurs in any manner form any cause or causes during the term of this Lease or until the re-delivery of the Aircraft to LESSOR, except to the extent that LESSOR shall be promptly paid for such damage pursuant to the heretofore described insurance, and to will indemnify and save LESSOR harmless the Lessor from and against any and all claims, costs, expenses, demands, liabilities, penalties, fines, and forfeitures of any nature whatsoever which may be asserted against LESSOR claims for liens for wages or materials or for damage to persons or property caused during the Aircraft or incurred by LESSOR not caused by any act or omission on the part of LESSOR and arising out making of or in connection with any manner occasioned by LESSEE's userepairs, operation alterations, installations and additions which the Lessee shall make or maintenance of cause to be made on the Aircraft during the term of this Lease or until re-delivery of the Aircraft to LESSOR and that this covenant of indemnify shall survive the expiration, cancellation or termination of this leasePremises;
i. to maintain all records2.12 AND will erect, logsplace, and other materials required use or keep in or upon the Premises only such shades, window blinds, awnings, projections, signs, advertisements. lettering, devices, notices, painting or decoration as are first approved in writing by the FAA Lessor and any other governmental authority to be maintained in respect of the Aircraft, to make the same available at all reasonable times for inspection by LESSOR and at upon the expiration or termination of this Lease lease will remove the same if required to deliver such materials to LESSORdo so by the Lessor;
j. to permit the Aircraft to be operated only b a pilot having at least a valid FAA commercial pilot/airman's certificate an instrument rating2.13 AND will not cover or obstruct any glass doors, partitions, transoms, window, lights and skylights which reflect or admit light into any passageway or other certificate, rating, type rating or endorsement appropriate to the Aircraft, purpose of flight, condition of flight or as otherwise required by the FAA or any other governmental authority and which meets the minimum requirements of the heretofore described Insurance policies, certificates or applications, or under direct and immediate supervision of a pilot holding at least a valid FAA commercial pilot/airman's certificate and an instrument rating, and which supervised pilot holds at least a valid commercial pilot certificate 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 FAA or any other governmental authority and which meets the minimum requirements of the heretofore described insurance policies, certificates or applications;
k. to pay for all fuel, oil and other consumables for operation of the Aircraft; and
l. to cooperate with LESSOR place in the filing of this Lease and any and all related documents with the FAA by LESSOR or its agents or attorneyssaid building;
Appears in 1 contract
Lessee Covenants. LESSEE Lessee covenants and agrees:
a. To obtain (a) That Lessee accepts the Premises on an AS IS, WITH ALL FAULTS basis and acknowledges and agrees that Lessor will make no repairs, alterations, or improvements to the interior, exterior, systems or structures of the Premises or the Premises’ grounds or parking lot, and hereby disclaims any and all licenses an registrations required by law obligations to do so. LESSOR HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, with respect to the Premises, its condition, its improvements, its compliance with laws, its fitness for Lessee’s intended purposes and/or its merchantability, or with respect to the presence or absence of any defect or hazardous conditions of any kind whether known, hidden or otherwise. Any repairs, alterations or improvements will be subject to Xxxxxx’s prior written consent, in its sole and absolute discretion to the same. If approved, Lessee, at its own cost and expense, shall make, or have made on its behalf under Xxxxxx’s direction, any and all such alterations or improvements to the Premises it desires and which are needed to make the Premises compatible for its intended use.
(except FAA registrations, which b) That Lessee shall be obtained by LESSOR) responsible for the keeping in good order and condition the name interior of LESSEE and LESSOR; to pay all taxes, assessments, licenses and other fees and charges imposed by any national, state, or municipal government or other public or airport authority the Premises. Xxxxxx will surrender said Xxxxxxxx at the end of any nature whatsoever on his Lease, any payments hereunder, on the Aircraft or on its use during the term of this Lease (including penalties in as good condition as received, ordinary wear and interest)tear, whether the same be payable eminent domain and damage by or assessed fire and other casualties excepted. If Lessee fails to LESSOR or LESSEE and whether assessed during the term or after the expiration or cancellation of this Lease.
b. That the Aircraft will be used and operated (1) in accordance with Part 135 regulations and requirements and the manufacturer's operating instructions; (2) in conformity with all laws, ordinances, rules an regulations, national, state, municipal or otherwise, now existing or hereafter enacted, controlling or in make any way affecting the operation, use or possession of the Aircraft or the use of any airport premises by the Aircraft, including, without limitations, any requirements or practices repairs required for the aircraft to remain under U.S. registration: and (3) only in compliance with the conditions an limitations set forth in the applications for and policies of insurance required by this Lease and the Aircraft shall not be used and operated for any purpose or in any manner or geographic area which is excluded or prohibited by said insurance policies, or this Lease and LESSEE shall not fly or suffer the Aircraft to be flown at any time any insurance policy required made by this Lease shall not be in full force and effect;
c. At LESSEE'S sole expenseit, to maintain and keep the Aircraft in good order and repair and completely airworthy, and in accordance with the requirements for Part 135 use, which shall includeLessor may, but shall not be limited required to, maintenance and repair in accordance with perform such work at Xxxxxx’s expense, the requirements cost of which shall be payable on demand.
(c) Lessee shall not erect, install or maintain any sign, advertising or display matter on the exterior of the FAA an any Premises which is visible to public view outside the Premises without the prior written approval of Lessor. All signs shall comply with applicable ordinances and other governmental authorityrestrictions. Lessee shall not change or add locks or similar devices to any door or window in the Premises.
(d) Lessee shall keep the Premises in a clean, including enginessanitary and safe condition. Lessee shall keep all boxes, which may be worn outpaper, lost, destroyed, confiscated trash and rubbish in sanitary containers at all times.
(e) Lessee shall not assign this Agreement or otherwise rendered unsatisfactory any interest herein or unavailable for sublet all or any part of the Premises or permit the use in or on the Aircraft, which replacements shall be in good operating condition and have a value, utility, and quality at least equal to the property replaced if such property were in good operating condition and be free and clear of all liens and encumbrances, it being understood that for so long (and for only so long) as LESSEE shall be in default hereunder and no event shall have occurred that would become entitled to exercise LESSOR's rights and privileges under the warranties or any part of the manufacturers of the Aircraft, the term of which warranties are known and understood Premises by LESSEE, and that, except in case of emergencies, all repairs and maintenance shall be performed at service facilities certified by the FAA as a repair facility;any party other than Lessee.
d. at LESSEE's expense (1f) to cause all inspections an all major overhauls on the Aircraft and its engines to be performed as required by the FAA and any other governmental authority; (2) to comply with all directives and requirements of the FAA and any other governmental authority pertaining to the Aircraft; and (3) to comply with the manufacturers service letters and bulletins applicable to the Aircraft;
e. that LESSEE Lessee shall not make store or use any alterations hazardous or modifications to toxic material or substance on, under or about the Aircraft or install any additional equipment (including, without limitations, and rental engine) therein or thereon without prior written consent of LESSOR; that unless otherwise agreed in writing prior to installation, all additional equipment installed in the Aircraft shall become the property of LESSOR forthwith, be included in the definition of the Aircraft and subject to all of the terms and conditions of this Lease;
f. that neither this Lease nor LESSEE's rights hereunder shall be assignable by LESSEE nor shall the Aircraft be subleased or loaned without prior written consent of LESSOR, which consent shall not be unreasonably withheld, and LESSEE will not permit any charge, lien, or encumbrance of any nature to be placed or to remain upon the Aircraft; provided, however, that nothing herein shall prevent LESSEE from operating the Aircraft with its pilots in command on flights for compensation;
g. At the time of delivery it shall be conclusively presumed that LESSEE accepted the Aircraft in its then condition and fit for LESSEE's intended use; to be in good, safe and serviceable condition and fit for LESSEE's intended use; to permit LESSOR and its designees at all reasonable times to inspect the Aircraft to determine the condition thereof and to ascertain whether or not LESSEE is performing its agreements relative to proper care and maintenance of the Aircraft; and to furnish any information with respect to the Aircraft and its use and maintenance that LESSOR may reasonably requestPremises.
h. to be liable to LESSOR for any indemnify LESSOR against any and all damages to the Aircraft which occurs in any manner form any cause or causes during the term of this Lease or until the re-delivery of the Aircraft to LESSOR, except to the extent that LESSOR shall be promptly paid for such damage pursuant to the heretofore described insurance, and to indemnify and save LESSOR harmless from and against any and all claims, costs, expenses, demands, liabilities, penalties, fines, and forfeitures of any nature whatsoever which may be asserted against LESSOR or the Aircraft or incurred by LESSOR not caused by any act or omission on the part of LESSOR and arising out of or in any manner occasioned by LESSEE's use, operation or maintenance of the Aircraft during the term of this Lease or until re-delivery of the Aircraft to LESSOR and that this covenant of indemnify shall survive the expiration, cancellation or termination of this lease;
i. to maintain all records, logs, and other materials required by the FAA and any other governmental authority to be maintained in respect of the Aircraft, to make the same available at all reasonable times for inspection by LESSOR and at the expiration or termination of this Lease to deliver such materials to LESSOR;
j. to permit the Aircraft to be operated only b a pilot having at least a valid FAA commercial pilot/airman's certificate an 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 FAA or any other governmental authority and which meets the minimum requirements of the heretofore described Insurance policies, certificates or applications, or under direct and immediate supervision of a pilot holding at least a valid FAA commercial pilot/airman's certificate and an instrument rating, and which supervised pilot holds at least a valid commercial pilot certificate 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 FAA or any other governmental authority and which meets the minimum requirements of the heretofore described insurance policies, certificates or applications;
k. to pay for all fuel, oil and other consumables for operation of the Aircraft; and
l. to cooperate with LESSOR in the filing of this Lease and any and all related documents with the FAA by LESSOR or its agents or attorneys;
Appears in 1 contract
Samples: Lease Agreement
Lessee Covenants. LESSEE covenants 18.1 The Lessee shall maintain the Demised Premises with due care and agrees:
a. To obtain all licenses an registrations required by law (except FAA registrationscaution, which shall be obtained by LESSOR) in the name of LESSEE reasonable wear and LESSOR; tear excepted and not do anything or permit or commit to pay all taxes, assessments, licenses and other fees and charges imposed by done anything contrary to any national, state, or municipal government or other public or airport authority of any nature whatsoever on his Lease, any payments hereunder, on the Aircraft or on its use during the term of this Lease (including penalties and interest), whether the same be payable provision made by or assessed under any statute or law for the time being in force. In particular, the Lessee shall not use or permit the Demised Premises to LESSOR or LESSEE and whether assessed during the term or after the expiration or cancellation of this Lease.
b. That the Aircraft will be used and operated (1) in accordance with Part 135 regulations and requirements and the manufacturer's operating instructions; (2) in conformity with all laws, ordinances, rules an regulations, national, state, municipal or otherwise, now existing or hereafter enacted, controlling or in for any way affecting the operation, use or possession form of the Aircraft or the use of any airport premises by the Aircraft, including, without limitations, any requirements or practices required for the aircraft to remain under U.S. registration: and (3) only in compliance with the conditions an limitations set forth in the applications for and policies of insurance required by this Lease and the Aircraft unlawful activity. The Lessee shall not be used and operated for any purpose or in any manner or geographic area which is excluded or prohibited by said insurance policies, or this Lease and LESSEE shall not fly or suffer without the Aircraft to be flown at any time any insurance policy required by this Lease shall not be in full force and effect;
c. At LESSEE'S sole expense, to maintain and keep the Aircraft in good order and repair and completely airworthy, and in accordance with the requirements for Part 135 use, which shall include, but shall not be limited to, maintenance and repair in accordance with the requirements of the FAA an any other governmental authority, including engines, which may be worn out, lost, destroyed, confiscated or otherwise rendered unsatisfactory or unavailable for use in or on the Aircraft, which replacements shall be in good operating condition and have a value, utility, and quality at least equal to the property replaced if such property were in good operating condition and be free and clear of all liens and encumbrances, it being understood that for so long (and for only so long) as LESSEE shall be in default hereunder and no event shall have occurred that would become entitled to exercise LESSOR's rights and privileges under the warranties of the manufacturers of the Aircraft, the term of which warranties are known and understood by LESSEE, and that, except in case of emergencies, all repairs and maintenance shall be performed at service facilities certified by the FAA as a repair facility;
d. at LESSEE's expense (1) to cause all inspections an all major overhauls on the Aircraft and its engines to be performed as required by the FAA and any other governmental authority; (2) to comply with all directives and requirements of the FAA and any other governmental authority pertaining to the Aircraft; and (3) to comply with the manufacturers service letters and bulletins applicable to the Aircraft;
e. that LESSEE shall not make any alterations or modifications to the Aircraft or install any additional equipment (including, without limitations, and rental engine) therein or thereon without prior written consent of LESSOR; that unless otherwise agreed in writing prior to installation, all additional equipment installed in the Aircraft shall become the property of LESSOR forthwith, be included in the definition of the Aircraft and subject to all of the terms and conditions of this Lease;
f. that neither this Lease nor LESSEE's rights hereunder shall be assignable by LESSEE nor shall the Aircraft be subleased or loaned without prior written consent of LESSOR, Lessor (which consent shall not be unreasonably withheld, delayed or denied) make any structural alterations or additions to the space in the Demised Premises.
18.2 Any damage caused to the Demised Premises attributable to the willful misconduct or gross negligence of the Lessee other than those caused by normal wear and LESSEE will not permit any chargetear, lien, or encumbrance of any nature to be placed or to remain upon the Aircraft; provided, however, that nothing herein shall prevent LESSEE from operating the Aircraft with its pilots in command on flights for compensation;
g. At the time of delivery it shall be conclusively presumed that LESSEE accepted repaired or rectified by the Aircraft in its then condition and fit for LESSEE's intended use; to be in good, safe and serviceable condition and fit for LESSEE's intended use; to permit LESSOR and its designees Lessee at all reasonable times to inspect the Aircraft to determine the condition thereof and to ascertain whether or not LESSEE is performing its agreements relative to proper care and maintenance their own costs within a period of 1 (one) month of the Aircraft; Lessor requiring the Lessee to do so, failing which the Lessor shall be entitled to carry out such rectification/replacement and to furnish any information with respect to the Aircraft and its use and maintenance that LESSOR may reasonably request.
h. to Lessee shall be liable to LESSOR promptly pay to the Lessor reasonable costs of such rectification / replacement.
18.3 The Lessor shall not be responsible or liable for any indemnify LESSOR against theft, loss or damage or destruction of any and all damages of its property lying in the Schedule Premises, nor for any bodily injury to any person during the occupancy of the Schedule Premises from any cause whatsoever unless it is due to the Aircraft which occurs in any manner form any cause negligence or causes during the term of this Lease or until the re-delivery misconduct on part of the Aircraft to LESSORLessor.
18.4 The Lessee shall permit the Lessor or their duly authorized representative upon 72 (seventy two) hours prior written notice, except and at a mutually agreed time, and subject to the extent Lessee’s access control and security measures, to enter the Demised Premises at reasonable hours, for the purpose of inspection and/or carrying out any required structural repairs, in the Schedule Premises. It is agreed by the Lessor that LESSOR shall such repairs, (if necessary), will be promptly paid for performed in such damage pursuant a manner so as not to cause any inconvenience or disturbance to the heretofore described insuranceLessee.
18.5 The Lessee shall carry out all minor repairs necessary, and to indemnify and save LESSOR harmless from and against any and all claims, costs, expenses, demands, liabilities, penalties, fines, and forfeitures of any nature whatsoever which may be asserted against LESSOR or the Aircraft or incurred by LESSOR not caused by any act or omission on the part of LESSOR and arising out of or in any manner occasioned by LESSEE's use, operation or maintenance of the Aircraft during the term of this Lease or until re-delivery of the Aircraft to LESSOR and that this covenant of indemnify shall survive the expiration, cancellation or termination of this lease;
i. to maintain all records, logs, and other materials required by the FAA and any other governmental authority to be maintained in respect of the Aircraft, to make the same available at all reasonable times for inspection by LESSOR and at the expiration or termination of this Lease to deliver such materials to LESSOR;
j. to permit the Aircraft to be operated only b a pilot having at least a valid FAA commercial pilot/airman's certificate an 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 FAA or any other governmental authority and which meets the minimum requirements of the heretofore described Insurance policies, certificates or applications, or under direct and immediate supervision of a pilot holding at least a valid FAA commercial pilot/airman's certificate and an instrument rating, and which supervised pilot holds at least a valid commercial pilot certificate 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 FAA or any other governmental authority and which meets the minimum requirements of the heretofore described insurance policies, certificates or applications;
k. to pay for all fuel, oil and other consumables for operation of the Aircraft; and
l. to cooperate with LESSOR in the filing of this Lease and any and all related documents with the FAA by LESSOR or its agents or attorneys;Demised Premises.
Appears in 1 contract
Samples: Lease Agreement (Amber Road, Inc.)
Lessee Covenants. LESSEE Lessee covenants and agrees:
a. To obtain (a) That Lessee accepts the Premises on an AS IS, WITH ALL FAULTS basis and acknowledges and agrees that Lessor will make no repairs, alterations, or improvements to the interior, exterior, systems or structures of the Premises or the Premises’ grounds or parking lot, and hereby disclaims any and all licenses an registrations required by law obligations to do so. LESSOR HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, with respect to the Premises, its condition, its improvements, its compliance with laws, its fitness for Lessee’s intended purposes and/or its merchantability, or with respect to the presence or absence of any defect or hazardous conditions of any kind whether known, hidden or otherwise. Any repairs, alterations or improvements will be subject to Lessor’s prior written consent, in its sole and absolute discretion to the same. If approved, Lessee, at its own cost and expense, shall make, or have made on its behalf under Lessee’s direction, any and all such alterations or improvements to the Premises it desires and which are needed to make the Premises compatible for its intended use.
(except FAA registrations, which b) That Lessee shall be obtained by LESSOR) responsible for the keeping in good order and condition the name interior of LESSEE and LESSOR; to pay all taxes, assessments, licenses and other fees and charges imposed by any national, state, or municipal government or other public or airport authority the Premises. Lessee will surrender said Premises at the end of any nature whatsoever on his Lease, any payments hereunder, on the Aircraft or on its use during the term of this Lease (including penalties in as good condition as received, ordinary wear and interest)tear, whether the same be payable eminent domain and damage by or assessed fire and other casualties excepted. If Lessee fails to LESSOR or LESSEE and whether assessed during the term or after the expiration or cancellation of this Lease.
b. That the Aircraft will be used and operated (1) in accordance with Part 135 regulations and requirements and the manufacturer's operating instructions; (2) in conformity with all laws, ordinances, rules an regulations, national, state, municipal or otherwise, now existing or hereafter enacted, controlling or in make any way affecting the operation, use or possession of the Aircraft or the use of any airport premises by the Aircraft, including, without limitations, any requirements or practices repairs required for the aircraft to remain under U.S. registration: and (3) only in compliance with the conditions an limitations set forth in the applications for and policies of insurance required by this Lease and the Aircraft shall not be used and operated for any purpose or in any manner or geographic area which is excluded or prohibited by said insurance policies, or this Lease and LESSEE shall not fly or suffer the Aircraft to be flown at any time any insurance policy required made by this Lease shall not be in full force and effect;
c. At LESSEE'S sole expenseit, to maintain and keep the Aircraft in good order and repair and completely airworthy, and in accordance with the requirements for Part 135 use, which shall includeLessor may, but shall not be limited required to, maintenance and repair in accordance with perform such work at Lessee’s expense, the requirements cost of which shall be payable on demand.
(c) Lessee shall not erect, install or maintain any sign, advertising or display matter on the exterior of the FAA an any Premises which is visible to public view outside the Premises without the prior written approval of Lessor. All signs shall comply with applicable ordinances and other governmental authorityrestrictions. Lessee shall not change or add locks or similar devices to any door or window in the Premises.
(d) Lessee shall keep the Premises in a clean, including enginessanitary and safe condition. Lessee shall keep all boxes, which may be worn outpaper, lost, destroyed, confiscated trash and rubbish in sanitary containers at all times.
(e) Lessee shall not assign this Agreement or otherwise rendered unsatisfactory any interest herein or unavailable for sublet all or any part of the Premises or permit the use in or on the Aircraft, which replacements shall be in good operating condition and have a value, utility, and quality at least equal to the property replaced if such property were in good operating condition and be free and clear of all liens and encumbrances, it being understood that for so long (and for only so long) as LESSEE shall be in default hereunder and no event shall have occurred that would become entitled to exercise LESSOR's rights and privileges under the warranties or any part of the manufacturers of the Aircraft, the term of which warranties are known and understood Premises by LESSEE, and that, except in case of emergencies, all repairs and maintenance shall be performed at service facilities certified by the FAA as a repair facility;any party other than Lessee.
d. at LESSEE's expense (1f) to cause all inspections an all major overhauls on the Aircraft and its engines to be performed as required by the FAA and any other governmental authority; (2) to comply with all directives and requirements of the FAA and any other governmental authority pertaining to the Aircraft; and (3) to comply with the manufacturers service letters and bulletins applicable to the Aircraft;
e. that LESSEE Lessee shall not make store or use any alterations hazardous or modifications to toxic material or substance on, under or about the Aircraft or install any additional equipment (including, without limitations, and rental engine) therein or thereon without prior written consent of LESSOR; that unless otherwise agreed in writing prior to installation, all additional equipment installed in the Aircraft shall become the property of LESSOR forthwith, be included in the definition of the Aircraft and subject to all of the terms and conditions of this Lease;
f. that neither this Lease nor LESSEE's rights hereunder shall be assignable by LESSEE nor shall the Aircraft be subleased or loaned without prior written consent of LESSOR, which consent shall not be unreasonably withheld, and LESSEE will not permit any charge, lien, or encumbrance of any nature to be placed or to remain upon the Aircraft; provided, however, that nothing herein shall prevent LESSEE from operating the Aircraft with its pilots in command on flights for compensation;
g. At the time of delivery it shall be conclusively presumed that LESSEE accepted the Aircraft in its then condition and fit for LESSEE's intended use; to be in good, safe and serviceable condition and fit for LESSEE's intended use; to permit LESSOR and its designees at all reasonable times to inspect the Aircraft to determine the condition thereof and to ascertain whether or not LESSEE is performing its agreements relative to proper care and maintenance of the Aircraft; and to furnish any information with respect to the Aircraft and its use and maintenance that LESSOR may reasonably requestPremises.
h. to be liable to LESSOR for any indemnify LESSOR against any and all damages to the Aircraft which occurs in any manner form any cause or causes during the term of this Lease or until the re-delivery of the Aircraft to LESSOR, except to the extent that LESSOR shall be promptly paid for such damage pursuant to the heretofore described insurance, and to indemnify and save LESSOR harmless from and against any and all claims, costs, expenses, demands, liabilities, penalties, fines, and forfeitures of any nature whatsoever which may be asserted against LESSOR or the Aircraft or incurred by LESSOR not caused by any act or omission on the part of LESSOR and arising out of or in any manner occasioned by LESSEE's use, operation or maintenance of the Aircraft during the term of this Lease or until re-delivery of the Aircraft to LESSOR and that this covenant of indemnify shall survive the expiration, cancellation or termination of this lease;
i. to maintain all records, logs, and other materials required by the FAA and any other governmental authority to be maintained in respect of the Aircraft, to make the same available at all reasonable times for inspection by LESSOR and at the expiration or termination of this Lease to deliver such materials to LESSOR;
j. to permit the Aircraft to be operated only b a pilot having at least a valid FAA commercial pilot/airman's certificate an 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 FAA or any other governmental authority and which meets the minimum requirements of the heretofore described Insurance policies, certificates or applications, or under direct and immediate supervision of a pilot holding at least a valid FAA commercial pilot/airman's certificate and an instrument rating, and which supervised pilot holds at least a valid commercial pilot certificate 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 FAA or any other governmental authority and which meets the minimum requirements of the heretofore described insurance policies, certificates or applications;
k. to pay for all fuel, oil and other consumables for operation of the Aircraft; and
l. to cooperate with LESSOR in the filing of this Lease and any and all related documents with the FAA by LESSOR or its agents or attorneys;
Appears in 1 contract
Samples: Lease Agreement
