Common use of Operational Authority and Control Clause in Contracts

Operational Authority and Control. TIMESHAROR 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 during the term of this Agreement. In accordance with applicable FARs, the qualified flight crew provided by 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 and all other matters relating to operation of the Aircraft. 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, 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, is necessitated by considerations of safety. No such action of the pilot-in-command shall create or support any liability to TIMESHAREE or any other person for loss, injury, damages or delay. The parties further agree that TIMESHAROR shall not be liable for delay or failure to furnish the Aircraft and crew pursuant to this Agreement 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 or other circumstances beyond TIMESHAROR's reasonable control.

Appears in 4 contracts

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

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Operational Authority and Control. TIMESHAROR Operator 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 during at which the term Aircraft is being operated on behalf of Lessee pursuant to this Agreement. In accordance with applicable FARs, the qualified flight crew provided by TIMESHAROR 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 made, and all other matters relating to operation of the Aircraft. TIMESHAREE 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 sole judgment of the pilot-in-command, could compromise the safety of the flight and to take any other action which, which in the sole judgment of the pilot-in-commandcommand 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 TIMESHAREE Lessee or any other person for loss, injury, damages damage or delay. The parties Parties further agree that TIMESHAROR Operator shall not be liable for delay or failure to furnish the Aircraft and crew pursuant to this Agreement which 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 TIMESHAROR's 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 (McGraw-Hill Companies Inc)

Operational Authority and Control. TIMESHAROR 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 during the term use of Aircraft under this Agreement. In accordance with applicable FARs, the qualified flight crew provided by TIMESHAROR 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 made, and all other matters relating to operation of the Aircraftan Aircraft under this Agreement. TIMESHAREE 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 sole judgment of the pilot-in-command, could compromise the safety of the flight and to take any other action which, which in the sole judgment of the pilot-in-commandcommand 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 TIMESHAREE User or any other person for loss, injury, damages damage or delay. The parties further agree that TIMESHAROR AEP shall not be liable for delay or failure to furnish the Aircraft and crew pursuant to this Agreement which Agreement, including, 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 God, or other circumstances beyond TIMESHAROR's AEP’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 3 contracts

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

Operational Authority and Control. TIMESHAROR BD shall be responsible for all aspects of 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 during the term of flights operated under this Agreement. In accordance with applicable FARs, the qualified flight crew provided by TIMESHAROR 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 made, and all other matters relating to operation of the Aircraft. TIMESHAREE 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, in 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-commandcommand could compromise the safety of the flight, and to take any other action 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 TIMESHAREE Xx. Xxxxxx or any other person for loss, injury, damages damage or delay. The parties further agree that TIMESHAROR BD shall not be liable for delay or failure to furnish the an Aircraft and crew pursuant to this Agreement which 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 God, or other circumstances beyond TIMESHAROR's BD’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. TIMESHAROR 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 during the term of this Agreement. In accordance with applicable FARs, the qualified flight crew provided by 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 and all other matters relating to operation of the Aircraft. 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, 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, is necessitated by considerations of safety. No such action of the pilot-in-command shall create or support any liability to TIMESHAREE or any other person for loss, injury, damages or delay. The parties further agree that TIMESHAROR shall not be liable for delay or failure to furnish the Aircraft and crew pursuant to this Agreement which 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 or other circumstances beyond TIMESHAROR's ’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. TIMESHAROR Lessor shall be responsible for the physical and technical operation of the Aircraft and the safe performance of all flights 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 during the term of flights under this Agreement. In accordance with applicable FARs, the qualified flight crew provided by TIMESHAROR 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. TIMESHAREE 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 sole judgment of the pilot-in-command, could compromise the safety of the flight and to take any other action which, which in the sole judgment of the pilot-in-commandcommand 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 TIMESHAREE Lessee or any other person for loss, injury, damages damage or delay. The parties further agree that TIMESHAROR 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 which 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 beyond TIMESHAROR'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. TIMESHAROR 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 during the term of this Agreement. In accordance with applicable FARs, the qualified flight crew provided by 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 and all other matters relating to operation of the Aircraft. 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, 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, is necessitated by considerations of safety. No such action of the pilot-in-command shall create or support any liability to TIMESHAREE or any other person for loss, injury, damages or delay. The parties further agree that TIMESHAROR shall not be liable for delay or failure to furnish the Aircraft and crew pursuant to this Agreement 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 or other circumstances beyond TIMESHAROR's reasonable control.

Appears in 3 contracts

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

Operational Authority and Control. TIMESHAROR 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 and shall retain full authority and control, including exclusive operational control, and possession of the Aircraft at all times during the term of this Agreement. In accordance with applicable FARs, the qualified flight crew provided by 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 to undertake a flight shall be undertakenflight, the route to be flown, the place where landings shall be made made, and all other matters relating to operation of the Aircraft. TIMESHAREE specifically agrees that the flight crew shall have final and complete authority to delay or cancel any flight for any reason or condition whichthat, in the sole judgment discretion of the pilot-in-command, could compromise the safety of the flight and 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 TIMESHAREE or any other person for loss, injury, damages damages, or delay. The parties further agree that TIMESHAROR TIMESHARER shall not be liable for delay or failure to furnish the Aircraft and crew pursuant to this Agreement which 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 or other circumstances beyond TIMESHAROR's TIMESHARER’s reasonable control.

Appears in 2 contracts

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

Operational Authority and Control. TIMESHAROR 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 during the term use of Aircraft under this Agreement. In accordance with applicable FARs, the qualified flight crew provided by TIMESHAROR 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 made, and all other matters relating to operation of the Aircraftan Aircraft under this Agreement. TIMESHAREE 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 sole judgment of the pilot-in-command, could compromise the safety of the flight and to take any other action which, which in the sole judgment of the pilot-in-commandcommand 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 TIMESHAREE User or any other person for loss, injury, damages damage or delay. The parties further agree that TIMESHAROR AEP shall not be liable for delay or failure to furnish the Aircraft and crew pursuant to this Agreement which Agreement, including, 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 God, or other circumstances beyond TIMESHAROR's AEP’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. TIMESHAROR NPM MGMT shall be responsible for all aspects of the physical and technical operation of the Aircraft and the safe performance of all flights flights, and shall retain full authority and control, control including exclusive operational control, control and possession of the Aircraft Aircraft, at all times during the term of flights operated under this Agreement. In accordance with applicable FARs, the qualified flight crew provided by TIMESHAROR 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 made, and all other matters relating to operation of the Aircraft. TIMESHAREE 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, in 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-commandcommand could compromise the safety of the flight, and to take any other action 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 TIMESHAREE DWA or any other person for loss, injury, damages damage or delay. The parties further agree that TIMESHAROR NPM MGMT shall not be liable for delay or failure to furnish the Aircraft and crew pursuant to this Agreement which 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 God, or other circumstances circumstance beyond TIMESHAROR's reasonable NPM MGMT’s control.

Appears in 1 contract

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

Operational Authority and Control. TIMESHAROR Lessor 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 during the term of this Agreement. In accordance with applicable FARsFAR, the qualified flight crew provided by TIMESHAROR 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. TIMESHAREE 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 TIMESHAREE Lessor or any other person for loss, injury, damages or delay. The parties further agree that TIMESHAROR Lessor shall not be liable for delay or failure to furnish the Aircraft and crew pursuant to this Agreement which 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 beyond TIMESHAROR's Lessor’s reasonable control.. ​

Appears in 1 contract

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

Operational Authority and Control. TIMESHAROR Operator 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 during at which the term Aircraft is being operated on behalf of Lessee pursuant to this Agreement. In accordance with applicable FARs, the qualified flight crew provided by TIMESHAROR 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 made, and all other matters relating to operation of the Aircraft. TIMESHAREE 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 sole judgment of the pilot-in-command, could compromise the safety of the flight and to take any other action which, which in the sole judgment of the pilot-in-commandcommand 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 TIMESHAREE Lessee or any other person for loss, injury, damages damage or delay. The parties Parties further agree that TIMESHAROR Operator shall not be liable for delay or failure to furnish the Aircraft and crew pursuant to this Agreement which 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 TIMESHAROR's Operator’s reasonable control.

Appears in 1 contract

Samples: Aircraft Time Sharing Agreement (Citigroup Inc)

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Operational Authority and Control. TIMESHAROR 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 during the term of this Agreement. In accordance with applicable FARs, the qualified flight crew provided by 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 and all other matters relating to operation of the Aircraft. 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, 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, is necessitated by considerations of safety. No such action of the pilot-in-command shall create or support any liability to TIMESHAREE or any other person for loss, injury, damages or delay. The parties further agree that TIMESHAROR shall not be liable for delay or failure to furnish the Aircraft and crew pursuant to this Agreement 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 or other circumstances beyond TIMESHAROR's ’s reasonable control.

Appears in 1 contract

Samples: Aircraft Time Sharing Agreement (Altisource Residential Corp)

Operational Authority and Control. TIMESHAROR BD shall be responsible for all aspects of 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 during the term of flights operated under this Agreement. In accordance with applicable FARs, the qualified flight crew provided by TIMESHAROR 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 made, and all other matters relating to operation of the Aircraft. TIMESHAREE 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, in 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-commandcommand could compromise the safety of the flight, and to take any other action 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 TIMESHAREE Xx. Xxxxx or any other person for loss, injury, damages damage or delay. The parties further agree that TIMESHAROR BD shall not be liable for delay or failure to furnish the an Aircraft and crew pursuant to this Agreement which 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 God, or other circumstances beyond TIMESHAROR's BD’s reasonable control.

Appears in 1 contract

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

Operational Authority and Control. TIMESHAROR Timesharor 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 during the term of this Agreement. In accordance with applicable FARs, the qualified flight crew provided by TIMESHAROR 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 and all other matters relating to operation of the Aircraft. TIMESHAREE 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, 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, is necessitated by considerations of safety. No such action of the pilot-in-command shall create or support any liability to TIMESHAREE Timesharee or any other person for loss, injury, damages or delay. The parties further agree that TIMESHAROR Timesharor shall not be liable for delay or failure to furnish the Aircraft and crew pursuant to this Agreement 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 or other circumstances beyond TIMESHAROR's Timesharor’s reasonable control.

Appears in 1 contract

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

Operational Authority and Control. TIMESHAROR 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 during the term of this Agreement. In accordance with applicable FARs, the qualified flight crew provided by 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 and all other matters relating to operation of the Aircraft. 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, 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, is necessitated by considerations of safety. No such action of the pilot-in-command shall create or support any liability to TIMESHAREE or any other person for loss, injury, damages or delay. The parties further agree that TIMESHAROR shall not be liable for delay or failure to furnish the Aircraft and crew pursuant to this Agreement 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 or other circumstances beyond TIMESHAROR's reasonable control.or

Appears in 1 contract

Samples: Aircraft Time Sharing Agreement (Steelcase Inc)

Operational Authority and Control. TIMESHAROR BD shall be responsible for all aspects of 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 during the term of flights operated under this Agreement. In accordance with applicable FARs, the qualified flight crew provided by TIMESHAROR 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 made, and all other matters relating to operation of the Aircraft. TIMESHAREE 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, in 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-commandcommand could compromise the safety of the flight, and to take any other action 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 TIMESHAREE Xx. Xxxxxxxx or any other person for loss, injury, damages damage or delay. The parties further agree that TIMESHAROR BD shall not be liable for delay or failure to furnish the an Aircraft and crew pursuant to this Agreement which 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 God, or other circumstances beyond TIMESHAROR's BD’s reasonable control.

Appears in 1 contract

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

Operational Authority and Control. TIMESHAROR 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 controlOPERATOR SHALL BE RESPONSIBLE FOR THE PHYSICAL AND TECHNICAL OPERATION OF THE AIRCRAFT AND THE SAFE PERFORMANCE OF ALL FLIGHTS, including exclusive operational controlAND SHALL RETAIN FULL AUTHORITY AND CONTROL, and possession of the Aircraft at all times during the term of this AgreementINCLUDING 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 TIMESHAROR 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 made, and all other matters relating to operation of the Aircraft. TIMESHAREE 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 sole judgment of the pilot-in-command, could compromise the safety of the flight and to take any other action which, which in the sole judgment of the pilot-in-commandcommand 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 TIMESHAREE Lessee or any other person for loss, injury, damages damage or delay. The parties Parties further agree that TIMESHAROR Operator shall not be liable for delay or failure to furnish the Aircraft and crew pursuant to this Agreement which 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 TIMESHAROROperator's reasonable control.

Appears in 1 contract

Samples: Aircraft Time Sharing Agreement (Citigroup Inc)

Operational Authority and Control. TIMESHAROR IVM shall be responsible for all aspects of the physical and technical operation of the Aircraft and the safe performance of all flights flights, and shall retain full authority and control, control including exclusive operational control, control and possession of the Aircraft Aircraft, at all times during the term of flights operated under this Agreement. In accordance with applicable FARs, the qualified flight crew provided by TIMESHAROR 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 made, and all other matters relating to operation of the Aircraft. TIMESHAREE 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, in 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-commandcommand could compromise the safety of the flight, and to take any other action 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 TIMESHAREE DWA or any other person for loss, injury, damages damage or delay. The parties further agree that TIMESHAROR IVM shall not be liable for delay or failure to furnish the Aircraft and crew pursuant to this Agreement which 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 God, or other circumstances circumstance beyond TIMESHAROR's reasonable IVM’s control.

Appears in 1 contract

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

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