Common use of Operational Authority and Control Clause in Contracts

Operational Authority and Control. Operator shall be responsible for the physical and technical operation of the Aircraft and the safe performance of all flights, and shall retain full authority and control, including exclusive operational control, and possession of the Aircraft at all times at which the Aircraft is being operated on behalf of Lessee pursuant to this Agreement. In accordance with applicable FARs, the qualified flight crew provided by Operator will exercise all required and/or appropriate duties and responsibilities in regard to the safety of each flight conducted hereunder. The pilot-in-command shall have absolute discretion in all matters concerning the preparation of the Aircraft for flight and the flight itself, the load carried and its distribution, the decision whether or not a flight shall be undertaken, the route to be flown, the place where landings shall be made, and all other matters relating to operation of the Aircraft. Lessee specifically agrees that the flight crew shall have final and complete authority to delay or cancel any flight for any reason or condition which in the sole judgment of the pilot-in-command could compromise the safety of the flight, and to take any other action which in the sole judgment of the pilot-in-command is necessitated by considerations of safety. No such action of the pilot-in-command shall create or support any liability to Lessee or any other person for loss, injury, damage or delay. The Parties further agree that Operator shall not be liable for delay or failure to furnish the Aircraft and crew pursuant to this Agreement for any reason or no reason including, without limitation, circumstances when such failure is caused by government regulation or authority, mechanical difficulty or breakdown, war, civil commotion, strikes or labor disputes, weather conditions, acts of God, or other circumstances within or beyond Operator’s reasonable control.

Appears in 4 contracts

Samples: Aircraft Time Sharing Agreement (Citigroup Inc), Aircraft Time Sharing Agreement (Citigroup Inc), Aircraft Time Sharing Agreement (Citigroup Inc)

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Operational Authority and Control. Operator TIMESHAROR shall be responsible for the physical and technical operation of the Aircraft and the safe performance of all flights, flights and shall retain full authority and control, including exclusive operational control, and possession of the Aircraft at all times at which during the Aircraft is being operated on behalf term of Lessee pursuant to this Agreement. In accordance with applicable FARs, the qualified flight crew provided by Operator TIMESHAROR will exercise all required and/or appropriate duties and responsibilities in regard to the safety of each flight conducted hereunder. The pilot-in-command shall have absolute discretion in all matters concerning the preparation of the Aircraft for flight and the flight itself, the load carried and its distribution, the decision whether or not a flight shall be undertaken, the route to be flown, the place where landings shall be made, made and all other matters relating to operation of the Aircraft. Lessee TIMESHAREE specifically agrees that the flight crew shall have final and complete authority to delay or cancel any flight for any reason or condition which which, in sole judgment of the pilot-in-command, could compromise the safety of the flight and to take any other action which, in the sole judgment of the pilot-in-command could compromise the safety of the flightcommand, and to take any other action which in the sole judgment of the pilot-in-command is necessitated by considerations of safety. No such action of the pilot-in-command shall create or support any liability to Lessee TIMESHAREE or any other person for loss, injury, damage damages or delay. The Parties parties further agree that Operator TIMESHAROR shall not be liable for delay or failure to furnish the Aircraft and crew pursuant to this Agreement for any reason or no reason including, without limitation, circumstances when which such failure is caused by government regulation or authority, mechanical difficulty or breakdown, war, civil commotion, strikes or labor disputes, weather conditions, acts of God, God or other circumstances within or beyond Operator’s TIMESHAROR's reasonable control.

Appears in 4 contracts

Samples: Aircraft Time Sharing Agreement, Aircraft Time Sharing Agreement (Steelcase Inc), Aircraft Time (Steelcase Inc)

Operational Authority and Control. Operator TIMESHAROR shall be responsible for the physical and technical operation of the Aircraft and the safe performance of all flights, flights and shall retain full authority and control, including exclusive operational control, and possession of the Aircraft at all times at which during the Aircraft is being operated on behalf term of Lessee pursuant to this Agreement. In accordance with applicable FARs, the qualified flight crew provided by Operator TIMESHAROR will exercise all required and/or appropriate duties and responsibilities in regard to the safety of each flight slight conducted hereunder. The pilot-in-command shall have absolute discretion in all matters concerning the preparation of the Aircraft for flight and the flight itself, the load carried and its distribution, the decision whether or not a flight shall be undertaken, the route to be flown, the place where landings shall be made, made and all other matters relating to operation of the Aircraft. Lessee TIMESHAREE specifically agrees that the flight crew shall have final and complete authority to delay or cancel any flight for any reason or condition which which, in sole judgment of the pilot-in-command, could compromise the safety of the flight and to take any other action which, in the sole judgment of the pilot-in-command could compromise the safety of the flightcommand, and to take any other action which in the sole judgment of the pilot-in-command is necessitated by considerations of safety. No such action of the pilot-in-command shall create or support any liability to Lessee TIMESHAREE or any other person for loss, injury, damage damages or delay. The Parties parties further agree that Operator TIMESHAROR shall not be liable for delay or failure to furnish the Aircraft and crew pursuant to this Agreement for any reason or no reason including, without limitation, circumstances when which such failure is caused by government regulation or authority, mechanical difficulty or breakdown, war, civil commotion, strikes or labor disputes, weather conditions, acts of God, God or other circumstances within or beyond Operator’s TIMESHAROR's reasonable control.

Appears in 3 contracts

Samples: Aircraft Time (Steelcase Inc), Aircraft Time (Steelcase Inc), Aircraft Time (Steelcase Inc)

Operational Authority and Control. Operator Lessor shall be responsible for the physical and technical operation of the Aircraft and the safe performance of all flightsflights under this Agreement, and shall retain full authority and control, control including exclusive operational controlcontrol and exclusive possession, command and possession control of the Aircraft at for all times at which the Aircraft is being operated on behalf of Lessee pursuant to flights under this Agreement. In accordance with applicable FARs, the qualified flight crew provided by Operator Lessor will exercise all required and/or appropriate duties and responsibilities in regard to the safety of each flight conducted hereunder. The pilot-in-command shall have absolute discretion in all matters concerning the preparation of the Aircraft for flight and the flight itself, the load carried and its distribution, the decision whether or not a flight shall be undertaken, the route to be flown, the place where landings shall be made, and all other matters relating to operation of the Aircraft. Lessee specifically agrees that the flight crew shall have final and complete authority to delay or cancel any flight for any reason or condition which in the sole judgment of the pilot-in-command could compromise the safety of the flight, and to take any other action which in the sole judgment of the pilot-in-command is necessitated by considerations of safety. No such action of the pilot-in-command shall create or support any liability to Lessee or any other person for loss, injury, damage or delay. The Parties further agree that Operator shall not be liable for delay or failure to furnish Lessor’s operation of the Aircraft hereunder shall be strictly within the guidelines and crew pursuant to this Agreement for any reason or no reason including, without limitation, circumstances when such failure is caused policies established by government regulation or authority, mechanical difficulty or breakdown, war, civil commotion, strikes or labor disputes, weather conditions, acts of God, or other circumstances within or beyond Operator’s reasonable controlLessor and FAR Part 91.

Appears in 3 contracts

Samples: Aircraft Time Sharing Agreement (Level 3 Parent, LLC), Aircraft Time Sharing Agreement (Centurylink, Inc), Aircraft Time Sharing Agreement (Centurylink, Inc)

Operational Authority and Control. Operator BD shall be responsible for all aspects of the physical and technical operation of the Aircraft and the safe performance of all flights, and shall retain full authority and control, including exclusive operational control, and possession of the Aircraft at all times at which the Aircraft is being during flights operated on behalf of Lessee pursuant to under this Agreement. In accordance with applicable FARs, the qualified flight crew provided by Operator BD will exercise all required and/or appropriate duties and responsibilities in regard to the safety of each flight conducted hereunder. The pilot-in-command shall have absolute discretion in all matters concerning the preparation of the Aircraft for flight and the flight itself, the load carried and its distribution, the decision whether or not a flight shall be undertaken, the route to be flown, the place where landings shall be made, and all other matters relating to operation of the Aircraft. Lessee Xx. Xxxxxx specifically agrees that the flight crew shall have final and complete authority to delay or cancel any flight for any reason or condition which that in the sole judgment of the pilot-in-command could compromise the safety of the flight, and to take any other action which that in the sole judgment of the pilot-in-command is necessitated by considerations of safety. No such action of the pilot-in-command shall create or support any liability to Lessee Xx. Xxxxxx or any other person for loss, injury, damage or delay. The Parties parties further agree that Operator BD shall not be liable for delay or failure to furnish the an Aircraft and crew pursuant to this Agreement for any reason or no reason including, without limitation, circumstances when such failure is caused by government regulation or authority, mechanical difficulty or breakdown, war, civil commotion, strikes strike or labor disputesdispute, weather conditions, acts act of God, or other circumstances within or beyond OperatorBD’s reasonable control.

Appears in 3 contracts

Samples: Aircraft Time Sharing Agreement (Becton Dickinson & Co), Aircraft Time Sharing Agreement (Becton Dickinson & Co), Aircraft Time Sharing Agreement (Becton Dickinson & Co)

Operational Authority and Control. Operator TIMESHAROR shall be responsible for the physical and technical operation of the Aircraft and the safe performance of all flights, flights and shall retain full authority and control, including exclusive operational control, and possession of the Aircraft at all times at which during the Aircraft is being operated on behalf term of Lessee pursuant to this Agreement. In accordance with applicable FARs, the qualified flight crew provided by Operator TIMESHAROR will exercise all required and/or appropriate duties and responsibilities in regard to the safety of each flight conducted hereunder. The pilot-in-command shall have absolute discretion in all matters concerning the preparation of the Aircraft for flight and the flight itself, the load carried and its distribution, the decision whether or not a flight shall be undertaken, the route to be flown, the place where landings shall be made, made and all other matters relating to operation of the Aircraft. Lessee TIMESHAREE specifically agrees that the flight crew shall have final and complete authority to delay or cancel any flight for any reason or condition which which, in sole judgment of the pilot-in-command, could compromise the safety of the flight and to take any other action which, in the sole judgment of the pilot-in-command could compromise the safety of the flightcommand, and to take any other action which in the sole judgment of the pilot-in-command is necessitated by considerations of safety. No such action of the pilot-in-command shall create or support any liability to Lessee TIMESHAREE or any other person for loss, injury, damage damages or delay. The Parties parties further agree that Operator TIMESHAROR shall not be liable for delay or failure to furnish the Aircraft and crew pursuant to this Agreement for any reason or no reason including, without limitation, circumstances when where such failure is caused by government regulation or authority, mechanical difficulty or breakdown, war, civil commotion, strikes or labor disputes, weather conditions, acts of God, God or other circumstances within or beyond OperatorTIMESHAROR’s reasonable control.

Appears in 3 contracts

Samples: Aircraft Time Sharing Agreement (Masco Corp /De/), Aircraft Time Sharing Agreement (Masco Corp /De/), Aircraft Time Sharing Agreement (Masco Corp /De/)

Operational Authority and Control. Operator The parties acknowledge that TIMESHAREE is relying on the experience and expertise of TIMESHARER and the flight crew supplied by TIMESHARER in matters of flight planning, command, control, and safety of flight. TIMESHARER shall be responsible for the physical and technical operation of the Aircraft and the safe performance of all flights, flights and shall retain full authority and control, including exclusive operational control, and possession of the Aircraft at all times at which during the Aircraft is being operated on behalf term of Lessee pursuant to this Agreement. In accordance with applicable FARs, the qualified flight crew provided by Operator will exercise all required and/or appropriate duties and responsibilities in regard to the safety of each flight conducted hereunder. The pilot-in-command shall have absolute discretion in all matters concerning the preparation of the Aircraft for flight and the flight itself, the load carried and its distribution, the decision whether or not to undertake a flight shall be undertakenflight, the route to be flown, the place where landings shall be made, and all other matters relating to operation of the Aircraft. Lessee TIMESHAREE specifically agrees that the flight crew shall have final and complete authority to delay or cancel any flight for any reason or condition which that, in the sole judgment discretion of the pilot-in-command command, could compromise the safety of the flight, and flight or to take any other action which in the sole judgment of the pilot-in-command is necessitated required by considerations of safetysafety considerations. No such action of the pilot-in-command shall create or support any liability to Lessee TIMESHAREE or any other person for loss, injury, damage damages, or delay. The Parties parties further agree that Operator TIMESHARER shall not be liable for delay or failure to furnish the Aircraft and crew pursuant to this Agreement for any reason or no reason including, without limitation, circumstances when where such failure is caused by government regulation or authority, mechanical difficulty or breakdown, war, civil commotion, strikes or labor disputes, weather conditions, acts of God, God or other circumstances within or beyond OperatorTIMESHARER’s reasonable control.

Appears in 2 contracts

Samples: Aircraft Time Sharing Agreement (Steelcase Inc), Aircraft Time Sharing Agreement (Steelcase Inc)

Operational Authority and Control. Operator AEP shall be responsible for the physical and technical operation of the Aircraft and the safe performance of all flights, used under this Agreement and shall retain full authority and control, control including exclusive operational control, control and possession of the such Aircraft at all times at which during the use of Aircraft is being operated on behalf of Lessee pursuant to under this Agreement. In accordance with applicable FARs, the qualified flight crew provided by Operator AEP will exercise all required and/or appropriate duties and responsibilities in regard to the safety of each flight conducted hereunder. The pilot-in-command shall have absolute discretion in all matters concerning the preparation of the an Aircraft used under this Agreement for flight and the flight itself, the load carried and its distribution, the decision whether or not a flight shall be undertaken, the route to be flown, the place where landings shall be made, and all other matters relating to operation of the Aircraftan Aircraft under this Agreement. Lessee User specifically agrees that the flight crew shall have final and complete authority to delay delay, divert or cancel any flight for any reason or condition which in the sole judgment of the pilot-in-command could compromise the safety of the flight, and to take any other action which in the sole judgment of the pilot-in-command is necessitated by considerations of safety. No such action of the pilot-in-command shall create or support any liability to Lessee User or any other person for loss, injury, damage or delay. The Parties parties further agree that Operator AEP shall not be liable for delay or failure to furnish the Aircraft and crew pursuant to this Agreement for any reason or no reason Agreement, including, without limitation, circumstances for example when such failure is caused by government regulation or authority, mechanical difficulty or breakdown, war, terrorism, civil commotion, strikes or labor disputes, weather conditions, acts of God, or other circumstances within or beyond OperatorAEP’s reasonable control. User agrees that AEP's operation of aircraft under this Agreement shall be strictly within the guidelines of the AEP's Flight Operations Department manual and FAR Part 91.

Appears in 2 contracts

Samples: Aircraft Time Sharing Agreement (Ohio Power Co), Aircraft Time Sharing Agreement (Ohio Power Co)

Operational Authority and Control. Operator AEP shall be responsible for the physical and technical operation of the Aircraft and the safe performance of all flightsused under this Agreement, and shall retain full authority and control, control including exclusive operational control, control and possession of the such Aircraft at all times at which during the use of Aircraft is being operated on behalf of Lessee pursuant to under this Agreement. In accordance with applicable FARs, the qualified flight crew provided by Operator AEP will exercise all required and/or appropriate duties and responsibilities in regard to the safety of each flight conducted hereunder. The pilot-in-command shall have absolute discretion in all matters concerning the preparation of the an Aircraft used under this Agreement for flight and the flight itself, the load carried and its distribution, the decision whether or not a flight shall be undertaken, the route to be flown, the place where landings shall be made, and all other matters relating to operation of the Aircraftan Aircraft under this Agreement. Lessee User specifically agrees that the flight crew shall have final and complete authority to delay delay, divert or cancel any flight for any reason or condition which in the sole judgment of the pilot-in-command could compromise the safety of the flight, and to take any other action which in the sole judgment of the pilot-in-command is necessitated by considerations of safety. No such action of the pilot-in-command shall create or support any liability to Lessee User or any other person for loss, injury, damage or delay. The Parties parties further agree that Operator AEP shall not be liable for delay or failure to furnish the Aircraft and crew pursuant to this Agreement for any reason or no reason Agreement, including, without limitation, circumstances for example when such failure is caused by government regulation or authority, mechanical difficulty or breakdown, war, terrorism, civil commotion, strikes or labor disputes, weather conditions, acts of God, or other circumstances within or beyond OperatorAEP’s reasonable control. User agrees that AEP's operation of aircraft under this Agreement shall be strictly within the guidelines of the AEP's Flight Operations Department manual and FAR Part 91.

Appears in 2 contracts

Samples: Aircraft Time Sharing Agreement (AEP Texas Inc.), Aircraft Time Sharing Agreement (AEP Texas Inc.)

Operational Authority and Control. Operator TIMESHAROR shall be responsible for the physical and technical operation of the Aircraft and the safe performance of all flights, flights and shall retain full authority and control, including exclusive operational control, and possession of the Aircraft at all times at which during the Aircraft is being operated on behalf term of Lessee pursuant to this Agreement. In accordance with applicable FARs, the qualified flight crew provided by Operator TIMESHAROR will exercise all required and/or appropriate duties and responsibilities in regard to the safety of each flight conducted hereunder. The pilot-in-command shall have absolute discretion in all matters concerning the preparation of the Aircraft for flight and the flight itself, the load carried and its distribution, the decision whether or not a flight shall be undertaken, the route to be flown, the place where landings shall be made, made and all other matters relating to operation of the Aircraft. Lessee TIMESHAREE specifically agrees that the flight crew shall have final and complete authority to delay or cancel any flight for any reason or condition which which, in sole judgment of the pilot-in-command, could compromise the safety of the flight and to take any other action which, in the sole judgment of the pilot-in-command could compromise the safety of the flightcommand, and to take any other action which in the sole judgment of the pilot-in-command is necessitated by considerations of safety. No such action of the pilot-in-command shall create or support any liability to Lessee TIMESHAREE or any other person for loss, injury, damage or delay. The Parties further agree that Operator shall not be liable for delay or failure to furnish the Aircraft and crew pursuant to this Agreement for any reason or no reason including, without limitation, circumstances when such failure is caused by government regulation or authority, mechanical difficulty or breakdown, war, civil commotion, strikes or labor disputes, weather conditions, acts of God, or other circumstances within or beyond Operator’s reasonable control.damages or

Appears in 1 contract

Samples: Aircraft Time Sharing Agreement (Steelcase Inc)

Operational Authority and Control. Operator shall be responsible for the physical and technical operation of the Aircraft and the safe performance of all flightsOPERATOR SHALL BE RESPONSIBLE FOR THE PHYSICAL AND TECHNICAL OPERATION OF THE AIRCRAFT AND THE SAFE PERFORMANCE OF ALL FLIGHTS, and shall retain full authority and controlAND SHALL RETAIN FULL AUTHORITY AND CONTROL, including exclusive operational controlINCLUDING EXCLUSIVE OPERATIONAL CONTROL, and possession of the Aircraft at all times at which the Aircraft is being operated on behalf of Lessee pursuant to this AgreementAND POSSESSION OF THE AIRCRAFT AT ALL TIMES AT WHICH THE AIRCRAFT IS BEING OPERATED ON BEHALF OF LESSEE PURSUANT TO THIS AGREEMENT. In accordance with applicable FARs, the qualified flight crew provided by Operator will exercise all required and/or appropriate duties and responsibilities in regard to the safety of each flight conducted hereunder. The pilot-in-command shall have absolute discretion in all matters concerning the preparation of the Aircraft for flight and the flight itself, the load carried and its distribution, the decision whether or not a flight shall be undertaken, the route to be flown, the place where landings shall be made, and all other matters relating to operation of the Aircraft. Lessee specifically agrees that the flight crew shall have final and complete authority to delay or cancel any flight for any reason or condition which in the sole judgment of the pilot-in-command could compromise the safety of the flight, and to take any other action which in the sole judgment of the pilot-in-command is necessitated by considerations of safety. No such action of the pilot-in-command shall create or support any liability to Lessee or any other person for loss, injury, damage or delay. The Parties further agree that Operator shall not be liable for delay or failure to furnish the Aircraft and crew pursuant to this Agreement for any reason or no reason including, without limitation, circumstances when such failure is caused by government regulation or authority, mechanical difficulty or breakdown, war, civil commotion, strikes or labor disputes, weather conditions, acts of God, or other circumstances within or beyond Operator’s 's reasonable control.

Appears in 1 contract

Samples: Aircraft Time Sharing Agreement (Citigroup Inc)

Operational Authority and Control. Operator Timesharor shall be responsible for the physical and technical operation of the Aircraft and the safe performance of all flights, flights and shall retain full authority and control, including exclusive operational control, and possession of the Aircraft at all times at which during the Aircraft is being operated on behalf term of Lessee pursuant to this Agreement. In accordance with applicable FARs, the qualified flight crew provided by Operator Timesharor will exercise all required and/or appropriate duties and responsibilities in regard to the safety of each flight conducted hereunder. The pilot-in-command shall have absolute discretion in all matters concerning the preparation of the Aircraft for flight and the flight itself, the load carried and its distribution, the decision whether or not a flight shall be undertaken, the route to be flown, the place where landings shall be made, made and all other matters relating to operation of the Aircraft. Lessee Timesharee specifically agrees that the flight crew shall have final and complete authority to delay or cancel any flight for any reason or condition which which, in sole judgment of the pilot-in-command, could compromise the safety of the flight and to take any other action which, in the sole judgment of the pilot-in-command could compromise the safety of the flightcommand, and to take any other action which in the sole judgment of the pilot-in-command is necessitated by considerations of safety. No such action of the pilot-in-command shall create or support any liability to Lessee Timesharee or any other person for loss, injury, damage damages or delay. The Parties parties further agree that Operator Timesharor shall not be liable for delay or failure to furnish the Aircraft and crew pursuant to this Agreement for any reason or no reason including, without limitation, circumstances when which such failure is caused by government regulation or authority, mechanical difficulty or breakdown, war, civil commotion, strikes or labor disputes, weather conditions, acts of God, God or other circumstances within or beyond OperatorTimesharor’s reasonable control.

Appears in 1 contract

Samples: Aircraft Time Sharing Agreement (Whirlpool Corp /De/)

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Operational Authority and Control. Operator BD shall be responsible for all aspects of the physical and technical operation of the Aircraft and the safe performance of all flights, and shall retain full authority and control, including exclusive operational control, and possession of the Aircraft at all times at which the Aircraft is being during flights operated on behalf of Lessee pursuant to under this Agreement. In accordance with applicable FARs, the qualified flight crew provided by Operator BD will exercise all required and/or appropriate duties and responsibilities in regard to the safety of each flight conducted hereunder. The pilot-in-command shall have absolute discretion in all matters concerning the preparation of the Aircraft for flight and the flight itself, the load carried and its distribution, the decision whether or not a flight shall be undertaken, the route to be flown, the place where landings shall be made, and all other matters relating to operation of the Aircraft. Lessee Xx. Xxxxxxxx specifically agrees that the flight crew shall have final and complete authority to delay or cancel any flight for any reason or condition which that in the sole judgment of the pilot-in-command could compromise the safety of the flight, and to take any other action which that in the sole judgment of the pilot-in-command is necessitated by considerations of safety. No such action of the pilot-in-command shall create or support any liability to Lessee Xx. Xxxxxxxx or any other person for loss, injury, damage or delay. The Parties parties further agree that Operator BD shall not be liable for delay or failure to furnish the an Aircraft and crew pursuant to this Agreement for any reason or no reason including, without limitation, circumstances when such failure is caused by government regulation or authority, mechanical difficulty or breakdown, war, civil commotion, strikes strike or labor disputesdispute, weather conditions, acts act of God, or other circumstances within or beyond OperatorBD’s reasonable control.

Appears in 1 contract

Samples: Aircraft Time Sharing Agreement (Becton Dickinson & Co)

Operational Authority and Control. Operator IVM shall be responsible for all aspects of the physical and technical operation of the Aircraft and the safe performance of all flights, and shall retain full authority and control, control including exclusive operational control, control and possession of the Aircraft Aircraft, at all times at which the Aircraft is being during flights operated on behalf of Lessee pursuant to under this Agreement. In accordance with applicable FARs, the qualified flight crew provided by Operator IVM will exercise all required and/or appropriate duties and responsibilities in regard to the safety of each flight conducted hereunder. The pilot-in-command shall have absolute discretion in all matters concerning the preparation of the Aircraft for flight and the flight itself, the load carried and its distribution, the decision whether or not a flight shall be undertaken, the route to be flown, the place where landings shall be made, and all other matters relating to operation of the Aircraft. Lessee DWA specifically agrees that the flight crew shall have final and complete authority to delay or cancel any flight for any reason or condition which that in the sole judgment of the pilot-in-command could compromise the safety of the flight, and to take any other action which that in the sole judgment of the pilot-in-command is necessitated by considerations of safety. No such action of the pilot-in-command shall create or support any liability to Lessee DWA or any other person for loss, injury, damage or delay. The Parties parties further agree that Operator IVM shall not be liable for delay or failure to furnish the Aircraft and crew pursuant to this Agreement for any reason or no reason including, without limitation, circumstances when such failure is caused by government regulation or authority, mechanical difficulty or breakdown, war, civil commotion, strikes strike or labor disputesdispute, weather conditionscondition, acts act of God, or other circumstances within or circumstance beyond OperatorIVM’s reasonable control.

Appears in 1 contract

Samples: Aircraft Time Sharing Agreement (DreamWorks Animation SKG, Inc.)

Operational Authority and Control. Operator shall be responsible for the physical and technical operation of the Aircraft and the safe performance of all flights, and shall retain full authority and control, including exclusive operational control, and possession of the Aircraft at all times at which the Aircraft is being operated on behalf of Lessee pursuant to this Agreement. In accordance with applicable FARs, the qualified flight crew provided by Operator will exercise all required required- and/or appropriate duties and responsibilities in regard to the safety of each flight conducted hereunder. The pilot-in-command shall have absolute discretion in all matters concerning the preparation of the Aircraft for flight and the flight itself, the load carried and its distribution, the decision whether or not a flight shall be undertaken, the route to be flown, the place where landings shall be made, and all other matters relating to operation of the Aircraft. Lessee specifically agrees that the flight crew shall have final and complete authority to delay or cancel any flight for any reason or condition which in the sole judgment of the pilot-in-command could compromise the safety of the flight, and to take any other action which in the sole judgment of the pilot-in-command is necessitated by considerations of safety. No such action of the pilot-in-command shall create or support any liability to Lessee or any other person for loss, injury, damage or delay. The Parties further agree that Operator shall not be liable for delay or failure to furnish the Aircraft and crew pursuant to this Agreement for any reason or no reason including, without limitation, circumstances when such failure is caused by government regulation or authority, mechanical difficulty or breakdown, war, civil commotion, strikes or labor disputes, weather conditions, acts of God, or other circumstances within or beyond Operator’s reasonable control.

Appears in 1 contract

Samples: Aircraft Time Sharing Agreement (Citigroup Inc)

Operational Authority and Control. Operator Lessor shall be responsible for the physical and technical operation of the Aircraft and the safe performance of all flights, flights and shall retain full authority and control, including exclusive operational control, and possession of the Aircraft at all times at which during the Aircraft is being operated on behalf term of Lessee pursuant to this Agreement. In accordance with applicable FARsFAR, the qualified flight crew provided by Operator Lessor will exercise all required and/or appropriate duties and responsibilities in regard to the safety of each flight conducted hereunder. The pilot-in-command shall have absolute discretion in all matters concerning the preparation of the Aircraft for flight and the flight itself, the load carried and its distribution, the decision whether or not a flight shall be undertaken, the route to be flown, the place where landings shall be made, made and all other matters relating to operation of the Aircraft. Lessee specifically agrees that the flight crew shall have final and complete authority to delay or cancel any flight for any reason or condition which which, in the sole judgment of the pilot-in-command command, could compromise the safety of the flight, flight and to take any other action which which, in the sole judgment of the pilot-in-command command, is necessitated by considerations of safety. No such action of the pilot-in-command shall create or support any liability to Lessee Lessor or any other person for loss, injury, damage damages or delay. The Parties parties further agree that Operator Lessor shall not be liable for delay or failure to furnish the Aircraft and crew pursuant to this Agreement for any reason or no reason including, without limitation, circumstances when such failure is caused by government regulation or authority, mechanical difficulty or breakdown, war, civil commotion, strikes or labor disputes, weather conditions, acts of God, God or other circumstances within or beyond OperatorLessor’s reasonable control.. ​

Appears in 1 contract

Samples: Aircraft Time Sharing Agreement (National Bank Holdings Corp)

Operational Authority and Control. Operator NPM MGMT shall be responsible for all aspects of the physical and technical operation of the Aircraft and the safe performance of all flights, and shall retain full authority and control, control including exclusive operational control, control and possession of the Aircraft Aircraft, at all times at which the Aircraft is being during flights operated on behalf of Lessee pursuant to under this Agreement. In accordance with applicable FARs, the qualified flight crew provided by Operator NPM MGMT will exercise all required and/or appropriate duties and responsibilities in regard to the safety of each flight conducted hereunder. The pilot-in-command shall have absolute discretion in all matters concerning the preparation of the Aircraft for flight and the flight itself, the load carried and its distribution, the decision whether or not a flight shall be undertaken, the route to be flown, the place where landings shall be made, and all other matters relating to operation of the Aircraft. Lessee DWA specifically agrees that the flight crew shall have final and complete authority to delay or cancel any flight for any reason or condition which that in the sole judgment of the pilot-in-command could compromise the safety of the flight, and to take any other action which that in the sole judgment of the pilot-in-command is necessitated by considerations of safety. No such action of the pilot-in-command shall create or support any liability to Lessee DWA or any other person for loss, injury, damage or delay. The Parties parties further agree that Operator NPM MGMT shall not be liable for delay or failure to furnish the Aircraft and crew pursuant to this Agreement for any reason or no reason including, without limitation, circumstances when such failure is caused by government regulation or authority, mechanical difficulty or breakdown, war, civil commotion, strikes strike or labor disputesdispute, weather conditionscondition, acts act of God, or other circumstances within or circumstance beyond OperatorNPM MGMT’s reasonable control.

Appears in 1 contract

Samples: Aircraft Time Sharing Agreement (DreamWorks Animation SKG, Inc.)

Operational Authority and Control. Operator BD shall be responsible for all aspects of the physical and technical operation of the Aircraft and the safe performance of all flights, and shall retain full authority and control, including exclusive operational control, and possession of the Aircraft at all times at which the Aircraft is being during flights operated on behalf of Lessee pursuant to under this Agreement. In accordance with applicable FARs, the qualified flight crew provided by Operator BD will exercise all required and/or appropriate duties and responsibilities in regard to the safety of each flight conducted hereunder. The pilot-in-command shall have absolute discretion in all matters concerning the preparation of the Aircraft for flight and the flight itself, the load carried and its distribution, the decision whether or not a flight shall be undertaken, the route to be flown, the place where landings shall be made, and all other matters relating to operation of the Aircraft. Lessee Xx. Xxxxx specifically agrees that the flight crew shall have final and complete authority to delay or cancel any flight for any reason or condition which that in the sole judgment of the pilot-in-command could compromise the safety of the flight, and to take any other action which that in the sole judgment of the pilot-in-command is necessitated by considerations of safety. No such action of the pilot-in-command shall create or support any liability to Lessee Xx. Xxxxx or any other person for loss, injury, damage or delay. The Parties parties further agree that Operator BD shall not be liable for delay or failure to furnish the an Aircraft and crew pursuant to this Agreement for any reason or no reason including, without limitation, circumstances when such failure is caused by government regulation or authority, mechanical difficulty or breakdown, war, civil commotion, strikes strike or labor disputesdispute, weather conditions, acts act of God, or other circumstances within or beyond OperatorBD’s reasonable control.

Appears in 1 contract

Samples: Aircraft Time Sharing Agreement (Becton Dickinson & Co)

Operational Authority and Control. Operator TIMESHAROR shall be responsible for the physical and technical operation of the Aircraft and the safe performance of all flights, flights and shall retain full authority and control, including exclusive operational control, and possession of the Aircraft at all times at which during the Aircraft is being operated on behalf term of Lessee pursuant to this Agreement. In accordance with applicable FARs, the qualified flight crew provided by Operator TIMESHAROR will exercise all required and/or appropriate duties and responsibilities in regard to the safety of each flight conducted hereunder. The pilot-in-command shall have absolute discretion in all matters concerning the preparation of the Aircraft for flight and the flight itself, the load carried and its distribution, the decision whether or not a flight shall be undertaken, the route to be flown, the place where landings shall be made, made and all other matters relating to operation of the Aircraft. Lessee TIMESHAREE specifically agrees that the flight crew shall have final and complete authority to delay or cancel any flight for any reason or condition which which, in sole judgment of the pilot-in-command, could compromise the safety of the flight and to take any other action which, in the sole judgment of the pilot-in-command could compromise the safety of the flightcommand, and to take any other action which in the sole judgment of the pilot-in-command is necessitated by considerations of safety. No such action of the pilot-in-command shall create or support any liability to Lessee TIMESHAREE or any other person for loss, injury, damage damages or delay. The Parties parties further agree that Operator TIMESHAROR shall not be liable for delay or failure to furnish the Aircraft and crew pursuant to this Agreement for any reason or no reason including, without limitation, circumstances when which such failure is caused by government regulation or authority, mechanical difficulty or breakdown, war, civil commotion, strikes or labor disputes, weather conditions, acts of God, God or other circumstances within or beyond OperatorTIMESHAROR’s reasonable control.

Appears in 1 contract

Samples: `Aircraft Time Sharing Agreement (Altisource Residential Corp)

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