Use of Aircraft. (a) Lessee may use the Aircraft from time to time, with the permission and approval of Lessor’s Flight Operations Department, for any and all purposes allowed by FAR 91.501(b)(6) at such times as the Lessor does not require the use of the Aircraft for the business purposes of Lessor or an affiliate. Lessee’s use shall include the use of the Aircraft by his Spouse or related family member (including children or grandchildren) (“Related Family”) if they accompany him on the flight. (b) Lessee represents, warrants and covenants to Lessor that: 1. Lessee will use each Aircraft for and on his own account only and will not use any Aircraft for the purposes of providing transportation of passengers or cargo in air commerce for compensation or hire; 2. Lessee shall refrain from incurring any mechanics lien or other lien in connection with inspection, preventative maintenance, maintenance or storage of the Aircraft, whether permissible or impermissible under this Agreement, and Lessee shall not attempt to convey, mortgage, assign, lease or any way alienate the Aircraft or create any kind of lien or security interest involving the Aircraft or do anything or take any action that might mature into such a lien; 3. During the term of this Agreement, Lessee will abide by and conform to all such laws, governmental, and airport orders, rules, and regulations as shall from time to time be in effect relating in any way to the operation and use of the Aircraft by a time-sharing Lessee; (c) Lessee shall provide Lessor’s Flight Operations Department with notice of his desire to use the Aircraft and proposed flight schedules as far in advance of any given flight as possible, and in any case, at least forty-eight (48) hours in advance of Lessee’s planned departure. Requests for flight time shall be in a form, whether written or oral, mutually convenient to, and agreed upon by the Parties. In addition to the proposed schedules and flight times Lessee shall provide at least the following information for each proposed flight at some time prior to scheduled departure as required by the Lessor or Lessor’s flight crew: 1. proposed departure point; 2. destination; 3. date and time of flight; 4. the number and identity of anticipated passengers and relationship to the Lessee; 5. the nature and extent of luggage and/or cargo to be carried; 6. the date and time of return flight, if any; and 7. any other information concerning the proposed flight that may be pertinent or required by Lessor or Lessor’s flight crew. (c) Lessor shall notify Lessee as to whether or not the requested use of the Aircraft can be accommodated and, if not, the Parties shall discuss alternatives. (d) Lessor’s prior planned utilization of the Aircraft will take precedence over Lessee’s use. Additionally, any maintenance and inspection of the Aircraft takes precedence over scheduling of the Aircraft unless such maintenance or inspection can be safely deferred in accordance with applicable laws and regulations and within the sound discretion of the Pilot-In-Command. (e) Lessor shall have sole and exclusive authority over the scheduling of the Aircraft, including which Aircraft is used for any particular flight. (f) Lessor shall not be liable to Lessee or any other person for loss, injury, or damage occasioned by the delay or failure to furnish the Aircraft and crew pursuant to this Agreement for any reason.
Appears in 3 contracts
Samples: Aircraft Time Sharing Agreement (Qwest Communications International Inc), Aircraft Time Sharing Agreement (Qwest Communications International Inc), Aircraft Time Sharing Agreement (Qwest Communications International Inc)
Use of Aircraft. (a) Lessee may use the Aircraft from time to time, with the permission and approval of Lessor’s 's Flight Operations Department, for any and all purposes allowed by FAR 91.501(b)(6) at such times as the Lessor does not require the use of the Aircraft for the business purposes of Lessor or an affiliate). Lessee’s 's use shall include the use of the Aircraft by his Spouse or related family member (including children or grandchildren) (“"Related Family”") if they accompany him on the flight.
(b) Lessee represents, warrants and covenants to Lessor that:
1. Lessee will use each Aircraft for and on his own account only and will not use any Aircraft for the purposes of providing transportation of passengers or cargo in air commerce for compensation or hire;
2. Lessee shall refrain from incurring any mechanics lien or other lien in connection with inspection, preventative maintenance, maintenance or storage of the Aircraft, whether permissible or impermissible under this Agreement, and Lessee shall not attempt to convey, mortgage, assign, lease or any way alienate the Aircraft or create any kind of lien or security interest involving the Aircraft or do anything or take any action that might mature into such a lien;
3. During during the term of this Agreement, Lessee will abide by and conform to all such laws, governmental, and airport orders, rules, and regulations as shall from time to time be in effect relating in any way to the operation and use of the Aircraft by a time-sharing Lessee;
(c) Lessee shall provide Lessor’s 's Flight Operations Department with notice of his desire to use the Aircraft and proposed flight schedules as far in advance of any given flight as possible, and in any case, at least forty-eight (48) hours in advance of Lessee’s 's planned departure. Requests for flight time shall be in a form, whether written or oral, mutually convenient to, and agreed upon by the Parties. In addition to the proposed schedules and flight times Lessee shall provide at least the following information for each proposed flight at some time prior to scheduled departure as required by the Lessor or Lessor’s 's flight crew:
1. proposed departure point;
2. destination;
3. date and time of flight;
4. the number and identity of anticipated passengers and relationship to the Lessee;
5. the nature and extent of luggage and/or cargo to be carried;
6. the date and time of return flight, if any; and
7. any other information concerning the proposed flight that may be pertinent or required by Lessor or Lessor’s 's flight crew.
(c) Lessor shall notify Lessee as to whether or not the requested use of the Aircraft can be accommodated and, if not, the Parties shall discuss alternatives.
(d) Lessor’s 's prior planned utilization of the Aircraft will take precedence over Lessee’s 's use. Additionally, any maintenance and inspection of the Aircraft takes precedence over scheduling of the Aircraft unless such maintenance or inspection can be safely deferred in accordance with applicable laws and regulations and within the sound discretion of the Pilot-In-Command.
(e) Lessor shall have sole and exclusive authority over the scheduling of the Aircraft, including which Aircraft is used for any particular flight.
(f) Lessor shall not be liable to Lessee or any other person for loss, injury, or damage occasioned by the delay or failure to furnish the Aircraft and crew pursuant to this Agreement for any reason.
Appears in 2 contracts
Samples: Aircraft Time Sharing Agreement (Qwest Communications International Inc), Aircraft Time Sharing Agreement (Qwest Communications International Inc)
Use of Aircraft. (a) Lessee may use the Aircraft from time to time, with the permission and approval of Lessor’s 's Flight Operations Department, for any and all purposes allowed by FAR 91.501(b)(6) at such times as the Lessor does not require the use of the Aircraft for the business purposes of Lessor or an affiliate). Lessee’s 's use shall include the use of the Aircraft by his Spouse or related family member (including children or grandchildren) (“"Related Family”") if they accompany him on the flight.
(b) Lessee represents, warrants and covenants to Lessor that:
1. Lessee will use each Aircraft for and on his own account only and will not use any Aircraft for the purposes of providing transportation of passengers or cargo in air commerce for compensation or hire;
2. Lessee shall refrain from incurring any mechanics lien or other lien in connection with inspection, preventative maintenance, maintenance or storage of the Aircraft, whether permissible or impermissible under this Agreement, and Lessee shall not attempt to convey, mortgage, assign, lease or any way alienate the Aircraft or create any kind of lien or security interest involving the Aircraft or do anything or take any action that might mature into such a lien;
3. During during the term of this Agreement, Lessee will abide by and conform to all such laws, governmental, and airport orders, rules, and regulations as shall from time to time be in effect relating in any way to the operation and use of the Aircraft by a time-sharing Lessee;
(c) Lessee shall provide Lessor’s 's Flight Operations Department with notice of his desire to use the Aircraft and proposed flight schedules as far in advance of any given flight as possible, and in any case, at least forty-eight (48) hours in advance of Lessee’s 's planned departure. Requests for flight time shall be in a form, whether written or oral, mutually convenient to, and agreed upon by the Parties. In addition to the proposed schedules and flight times Lessee shall provide at least the following information for each proposed flight at some time least one hour prior to scheduled departure as required by the Lessor or Lessor’s 's flight crew:
1. proposed departure point;
2. destination;
3. date and time of flight;
4. the number and identity of anticipated passengers and relationship to the Lessee;
5. the nature and extent of luggage and/or cargo to be carried;
6. the date and time of return flight, if any; and
7. any other information concerning the proposed flight that may be pertinent or required by Lessor or Lessor’s 's flight crew.
(c) Lessor shall notify Lessee as to whether or not the requested use of the Aircraft can be accommodated and, if not, the Parties shall discuss alternatives.
(d) Lessor’s 's prior planned utilization of the Aircraft will take precedence over Lessee’s 's use. Additionally, any maintenance and inspection of the Aircraft takes precedence over scheduling of the Aircraft unless such maintenance or inspection can be safely deferred in accordance with applicable laws and regulations and within the sound discretion of the Pilot-In-Command.
(e) Lessor shall have sole and exclusive authority over the scheduling of the Aircraft, including which Aircraft is used for any particular flight.
(f) Lessor shall not be liable to Lessee or any other person for loss, injury, or damage occasioned by the delay or failure to furnish the Aircraft and crew pursuant to this Agreement for any reason.
Appears in 2 contracts
Samples: Aircraft Time Sharing Agreement (Qwest Communications International Inc), Aircraft Time Sharing Agreement (Qwest Communications International Inc)
Use of Aircraft. (a) Lessee may use the Aircraft from time to time, with the permission and approval of Lessor’s Flight Operations Department, for any and all purposes allowed by FAR 91.501(b)(6) at such times as the Lessor does not require the use of the Aircraft for the business purposes of Lessor or an affiliate). Lessee’s 's use shall include the use of the Aircraft by his Spouse any officer or related family member (including children or grandchildren) employee of the Lessee who has been authorized by Lessee to use the Aircraft on an as needed basis (“Related FamilyAuthorized Users”) if they accompany him on the flight).
(b) Lessee represents, warrants and covenants to Lessor that:
1. (i) Lessee will use each such Aircraft for and on his Lessee’s own account only and will not use any the Aircraft for the purposes of providing transportation of passengers or cargo in air commerce for compensation or hire;
2. (ii) Lessee shall refrain from incurring any mechanics lien or other lien in connection with inspection, preventative maintenance, maintenance or storage of the Aircraft, whether permissible or impermissible under this Agreement, and Lessee shall not attempt to convey, mortgage, assign, lease or in any way alienate the Aircraft or create any kind of lien or security interest involving the Aircraft or do anything or take any action that might mature into such a lien;
3. (iii) During the term of this Agreement, Lessee will abide by and conform to all such laws, governmental, and airport orders, rules, and regulations as shall from time to time be in effect relating in any way to the operation and use of the Aircraft by a time-sharing Lessee;
(iv) Lessee shall only permit operation of the Aircraft by a fully qualified pilot.
(c) Lessee shall provide Lessor’s Flight Operations Department Lessor with notice of his its desire to use the Aircraft and proposed flight schedules as far in advance of any given flight as possible, and in any case, at least forty-eight (48) hours in advance of Lessee’s 's planned departure. Requests for flight time shall be in a form, whether written or oral, mutually convenient to, and agreed upon by the Parties. In addition to the proposed schedules and flight times Lessee shall provide at least the following information for each proposed completed flight at some time prior to scheduled departure as required by promptly upon the Lessor or Lessor’s flight crewcompletion of each flight:
1. proposed (i) departure point;
2. (ii) destination;
3. (iii) date and time of flight;
4. (iv) the number and identity of anticipated passengers and relationship to the Lessee;
5. (v) the nature and extent of luggage and/or cargo to be carried;
6. (vi) the date and time of return flight, if any; and
7. (vii) any other information concerning the proposed flight that may be pertinent or required by Lessor or Lessor’s flight crew.
(cd) Lessor shall notify Lessee as to whether or not the requested use of the Aircraft can be accommodated and, if not, the Parties shall discuss alternatives.
(de) Lessor’s prior Lessee's planned utilization of the Aircraft will take precedence over Lessee’s Lessor's use. Additionally, any maintenance and inspection of the Aircraft takes precedence over scheduling of the Aircraft unless such maintenance or inspection can be safely deferred in accordance with applicable laws and regulations and within the sound discretion of the Pilot-In-Command.
(ef) Lessor shall have sole and exclusive authority over the scheduling of the Aircraft, including which Aircraft is used for any particular flight.
(fg) Lessor shall not be liable to Lessee or any other person for loss, injury, or damage occasioned by the delay or failure to furnish the Aircraft and crew pursuant to this Agreement for any reason.
Appears in 1 contract
Use of Aircraft. (a) Lessee may use the Aircraft from time to time, with the permission and approval of Lessor’s 's Flight Operations Department, for any and all purposes allowed by FAR Section 91.501(b)(6) at such times as the Lessor does not require the use of the Aircraft for the business purposes of Lessor or an affiliate. Lessee’s use shall include the use of the Aircraft by his Lessee’s Spouse or related family member members (including children or grandchildren) (“Related Family”) if they accompany him Lessee on the flight.
(b) Lessee represents, warrants and covenants to Lessor that:
1. Lessee will use each Aircraft for and on his Lessee’s own account only and will not use any Aircraft for the purposes of providing transportation of passengers or cargo in air commerce for compensation or hire;
2. Lessee shall refrain from incurring any mechanics lien or other lien in connection with inspection, preventative maintenance, maintenance or storage of the Aircraft, whether permissible or impermissible under this Agreement, and Lessee shall not attempt to convey, mortgage, assign, lease or any way alienate the Aircraft or create any kind of lien or security interest involving the Aircraft or do anything or take any action that might mature into such a lien;
3. During the term of this Agreement, Lessee will abide by and conform to all such laws, governmental, and airport orders, rules, and regulations as shall from time to time be in effect relating in any way to the operation and use of the Aircraft by a time-sharing Lessee;
(c) Lessee shall provide Lessor’s Flight Operations Department with notice of his Lessee’s desire to use the Aircraft and proposed flight schedules as far in advance of any given flight as possible, and in any case, at least forty-eight (48) hours in advance of Lessee’s planned departure. Requests for flight time shall be in a form, whether written or oral, mutually convenient to, and agreed upon by the Parties. In addition to the proposed schedules and flight times Lessee shall provide at least the following information for each proposed flight at some time prior to scheduled departure as required by the Lessor or Lessor’s flight crew:
1. proposed departure point;
2. destination;
3. date and time of flight;
4. the number and identity of anticipated passengers and relationship to the Lessee;
5. the nature and extent of luggage and/or cargo to be carried;
6. the date and time of return flight, if any; and
7. any other information concerning the proposed flight that may be pertinent or required by Lessor or Lessor’s 's flight crew.
(c) Lessor shall notify Lessee as to whether or not the requested use of the Aircraft can be accommodated and, if not, the Parties shall discuss alternatives.
(d) Lessor’s prior planned utilization of the Aircraft will take precedence over Lessee’s use. Additionally, any maintenance and inspection of the Aircraft takes precedence over scheduling of the Aircraft unless such maintenance or inspection can be safely deferred in accordance with applicable laws and regulations and within the sound discretion of the Pilot-In-Command.
(e) Lessor shall have sole and exclusive authority over the scheduling of the Aircraft, including which Aircraft is used for any particular flight.
(f) Lessor shall not be liable to Lessee or any other person for loss, injury, or damage occasioned by the delay or failure to furnish the Aircraft and crew pursuant to this Agreement for any reason.
Appears in 1 contract
Samples: Aircraft Time Sharing Agreement (Qwest Communications International Inc)
Use of Aircraft. (a) Lessee may use the Aircraft from time to time, with the permission and approval of Lessor’s Flight Operations Department, for any and all purposes allowed by FAR Section 91.501(b)(6) at such times as the Lessor does not require the use of the Aircraft for the business purposes of Lessor or an affiliate. Lessee’s use shall include the use of the Aircraft by his Spouse or related family member (including children or grandchildren) (“Related Family”) if they accompany him on the flight.require
(b) Lessee represents, warrants and covenants to Lessor that:
1. Lessee will use each Aircraft for and on his Lessee’s own account only and will not use any Aircraft for the purposes of providing transportation of passengers or cargo in air commerce for compensation or hire;
2. Lessee shall refrain from incurring any mechanics lien or other lien in connection with inspection, preventative maintenance, maintenance or storage of the Aircraft, whether permissible or impermissible under this Agreement, and Lessee shall not attempt to convey, mortgage, assign, lease or any way alienate the Aircraft or create any kind of lien or security interest involving the Aircraft or do anything or take any action that might mature into such a lien;
3. During the term of this Agreement, Lessee will abide by and conform to all such laws, governmental, and airport orders, rules, and regulations as shall from time to time be in effect relating in any way to the operation and use of the Aircraft by a time-sharing Lessee;
(c) Lessee shall provide Lessor’s Flight Operations Department with notice of his Lessee’s desire to use the Aircraft and proposed flight schedules as far in advance of any given flight as possible, and in any case, at least forty-eight (48) hours in advance of Lessee’s planned departure. Requests for flight time shall be in a form, whether written or oral, mutually convenient to, and agreed upon by the Parties. In addition to the proposed schedules and flight times Lessee shall provide at least the following information for each proposed flight at some time prior to scheduled departure as required by the Lessor or Lessor’s flight crew:
1. proposed departure point;
2. destination;
3. date and time of flight;
4. the number and identity of anticipated passengers and relationship to the Lessee;
5. the nature and extent of luggage and/or cargo to be carried;
6. the date and time of return flight, if any; and
7. any other information concerning the proposed flight that may be pertinent or required by Lessor or Lessor’s flight crew.
(c) Lessor shall notify Lessee as to whether or not the requested use of the Aircraft can be accommodated and, if not, the Parties shall discuss alternatives.
(d) Lessor’s prior planned utilization of the Aircraft will take precedence over Lessee’s use. Additionally, any maintenance and inspection of the Aircraft takes precedence over scheduling of the Aircraft unless such maintenance or inspection can be safely deferred in accordance with applicable laws and regulations and within the sound discretion of the Pilot-In-Command.
(e) Lessor shall have sole and exclusive authority over the scheduling of the Aircraft, including which Aircraft is used for any particular flight.
(f) Lessor shall not be liable to Lessee or any other person for loss, injury, or damage occasioned by the delay or failure to furnish the Aircraft and crew pursuant to this Agreement for any reason.
Appears in 1 contract
Samples: Aircraft Time Sharing Agreement (Qwest Communications International Inc)
Use of Aircraft. (a) 1.1 Lessee may use the Aircraft from time to time, with the Lessor’s permission and approval of Lessor’s Flight Operations Departmentapproval, for any and all lawful purposes allowed by FAR 91.501(b)(6) FAA regulations at such times as the Lessor does not require the use of the Aircraft for the business purposes of Lessor or an affiliate. Lessee’s use shall include the use of the Aircraft by his Spouse or related family member (including children or grandchildren) (“Related Family”) if they accompany him on the flightAircraft.
(b) 1.2 Lessee represents, warrants warrants, and covenants to Lessor that:
1. (A) Lessee will shall use each the Aircraft for his personal use and on his own account only and will shall not use any the Aircraft for the purposes of providing transportation of passengers or cargo in air commerce for compensation or hirehire and shall not accept any reimbursement from a passenger or otherwise for charges for air transportation of passengers or cargo under this Agreement;
2. (B) Lessee shall refrain from incurring any mechanics lien or other lien in connection with inspection, preventative maintenance, maintenance or storage of the Aircraft, whether permissible or impermissible under this Agreement, and Lessee shall not attempt to convey, mortgage, assign, lease or any way alienate the Aircraft or create any kind of lien or security interest involving the Aircraft or do anything or take any action that might mature into such a lien;
3. (C) During the term of this Agreement, Lessee will shall abide by and conform to all such laws, governmental, and airport orders, rules, and regulations as shall that are in effect from time to time be in effect relating in any way to the operation and use of the Aircraft by a time-sharing Lessee;lessee.
(c) 1.3 Lessee shall provide Lessor’s Flight Operations Department Lessor with notice of his desire to use the Aircraft and proposed flight schedules as far in advance of any given flight as possible, and in any case, at least forty-eight (48) hours in advance of Lessee’s planned departure. Requests for flight time shall will be in a form, whether written or oral, mutually convenient to, to and agreed upon by the Parties. In addition to the proposed schedules and flight times Lessee shall provide at least the following information for each proposed flight at some time prior to scheduled departure as required by the Lessor or Lessor’s flight crew:
1. proposed (A) Proposed departure point;
2. destination(B) Destination;
3. date (C) Date and time of flight;
4. the (D) The number and identity of anticipated passengers and relationship to the Lessee;
5. the nature and extent of luggage and/or cargo to be carried;
6. the (E) The date and time of return flight, if any;
(F) For international trips, passport information and Customs-required information for all passengers; and
7. any (G) Any other information concerning the proposed flight that may be pertinent or required by Lessor or Lessor’s flight crew, including whether Lessee requests any food and beverages, passenger ground transportation, or access to airline lounges.
(c) 1.4 Lessor shall notify Lessee as to whether or not the requested use of the Aircraft can be accommodated and, if not, the Parties shall discuss alternatives.
(d) 1.5 The Lessor’s prior planned utilization use of the Aircraft will take precedence over Lessee’s use. Additionally, any .
1.6 Any maintenance and inspection of the Aircraft takes precedence over scheduling of the Aircraft. However, the Lessor may, but is not obligated to, permit Lessee to use the Aircraft unless if such maintenance or inspection can be safely deferred in accordance with applicable laws and regulations and within the sound discretion of Pilot in Command agrees the Pilot-In-Commandflight can be conducted safely.
(e) 1.7 Lessor shall have has and will maintain sole and exclusive authority over the scheduling of Lessee’s use of the Aircraft. Notwithstanding any other contrary provision in this Agreement, Lessee acknowledges and agrees that Lessor will be entering into other leases with other persons and entities, and as a consequence, Lessor shall generally provide the Aircraft to Lessee under this Agreement and other persons and entities under other leases on a first-come, first-served basis or otherwise in Lessor’s sole discretion and that Lessor will in no event be in violation of this Agreement for providing the Aircraft to such other persons or entities at a time when Lessee desires to use the Aircraft pursuant to this Agreement.
1.8 Lessor has the right to add or substitute aircraft of similar type, quality, and equipment, and to remove aircraft from the fleet, from time to time during the term of this Agreement. Upon each such change in the Aircraft, including which Lessor shall send to Lessee a revised Exhibit A - Leased Aircraft is used for any particular flightSubject to the Time-Sharing Agreement.
(f) 1.9 Lessor shall not be liable to Lessee or any other person for loss, injury, or damage occasioned by the delay or failure to furnish the Aircraft and crew pursuant to this Agreement for any reason.
Appears in 1 contract
Use of Aircraft. (a) 1.1 Lessee may use the Aircraft from time to time, with the Lessor’s permission and approval of Lessor’s Flight Operations Departmentapproval, for any and all lawful purposes allowed by FAR 91.501(b)(6) FAA regulations at such times as the Lessor does not require the use of the Aircraft for the business purposes of Lessor or an affiliate. Lessee’s use shall include the use of the Aircraft by his Spouse or related family member (including children or grandchildren) (“Related Family”) if they accompany him on the flightAircraft.
(b) 1.2 Lessee represents, warrants warrants, and covenants to Lessor that:
1. (A) Lessee will shall use each the Aircraft for his personal use and on his own account only and will shall not use any the Aircraft for the purposes of providing transportation of passengers or cargo in air commerce for compensation or hirehire and shall not accept any reimbursement from a passenger or otherwise for charges for air transportation of passengers or cargo under this Agreement;
2. (B) Lessee shall refrain from incurring any mechanics lien or other lien in connection with inspection, preventative maintenance, maintenance or storage of the Aircraft, whether permissible or impermissible under this Agreement, and Lessee shall not attempt to convey, mortgage, assign, lease or any way alienate the Aircraft or create any kind of lien or security interest involving the Aircraft or do anything or take any action that might mature into such a lien;
3. (C) During the term of this Agreement, Lessee will shall abide by and conform to all such laws, governmental, and airport orders, rules, and regulations as shall that are in effect from time to time be in effect relating in any way to the operation and use of the Aircraft by a time-sharing Lessee;lessee.
(c) 1.3 Lessee shall provide Lessor’s Flight Operations Department Lessor with notice of his desire to use the Aircraft and proposed flight schedules as far in advance of any given flight as possible, and in any case, at least forty-eight (48) hours in advance of Lessee’s planned departure. Requests for flight time shall will be in a form, whether written or oral, mutually convenient to, and agreed upon by the Parties. In addition to the proposed schedules and flight times Lessee shall provide at least the following information for each proposed flight at some time prior to scheduled departure as required by the Lessor or Lessor’s flight crew:
1. proposed (A) Proposed departure point;
2. destination(B) Destination;
3. date (C) Date and time of flight;
4. the (D) The number and identity of anticipated passengers and relationship to the Lessee;
5. the nature and extent of luggage and/or cargo to be carried;
6. the (E) The date and time of return flight, if any;
(F) For international trips, passport information and Customs-required information for all passengers; and
7. any (G) Any other information concerning the proposed flight that may be pertinent or required by Lessor or Lessor’s flight crew, including whether Lessee requests any food and beverages, passenger ground transportation, or access to airline lounges.
(c) 1.4 Lessor shall notify Lessee as to whether or not the requested use of the Aircraft can be accommodated and, if not, the Parties shall discuss alternatives.
(d) 1.5 The Lessor’s prior planned utilization use of the Aircraft will take precedence over Lessee’s use. Additionally, any .
1.6 Any maintenance and inspection of the Aircraft takes precedence over scheduling of the Aircraft. However, the Lessor may, but is not obligated to, permit Lessee to use the Aircraft unless if such maintenance or inspection can be safely deferred in accordance with applicable laws and regulations and within the sound discretion of Pilot in Command agrees the Pilot-In-Commandflight can be conducted safely.
(e) 1.7 Lessor shall have has and will maintain sole and exclusive authority over the scheduling of Lessee’s use of the Aircraft. Notwithstanding any other contrary provision in this Agreement, Lessee acknowledges and agrees that Lessor will be entering into other leases with other persons and entities, and as a consequence, Lessor shall generally provide the Aircraft to Lessee under this Agreement and other persons and entities under other leases on a first-come, first-served basis or otherwise in Lessor’s sole discretion and that Lessor will in no event be in violation of this Agreement for providing the Aircraft to such other persons or entities at a time when Lessee desires to use the Aircraft pursuant to this Agreement.
1.8 Lessor has the right to add or substitute aircraft of similar type, quality, and equipment, and to remove aircraft from the fleet, from time to time during the term of this Agreement. Upon each such change in the Aircraft, including which Lessor shall send to Lessee a revised Exhibit A - Leased Aircraft is used for any particular flightSubject to the Time-Sharing Agreement.
(f) 1.9 Lessor shall not be liable to Lessee or any other person for loss, injury, or damage occasioned by the delay or failure to furnish the Aircraft and crew pursuant to this Agreement for any reason.
Appears in 1 contract
Use of Aircraft. (a) Lessee may use the Aircraft from time to time, with the permission and approval of Lessor’s Flight Operations Department, for any and all purposes allowed by FAR 91.501(b)(6) at such times as the Lessor does not require the use of the Aircraft for the business purposes of Lessor or an affiliate). Lessee’s 's use shall include the use of the Aircraft by his Spouse any officer or related family member (including children or grandchildren) employee of the Lessee who has been authorized by Lessee to use the Aircraft on an as needed basis (“Related FamilyAuthorized Users”) if they accompany him on the flight.
(b) ). Lessee represents, warrants and covenants to Lessor that:
1. : Lessee will use each such Aircraft for and on his Lessee’s own account only and will not use any the Aircraft for the purposes of providing transportation of passengers or cargo in air commerce for compensation or hire;
2. ; Lessee shall refrain from incurring any mechanics lien or other lien in connection with inspection, preventative maintenance, maintenance or storage of the Aircraft, whether permissible or impermissible under this Agreement, and Lessee shall not attempt to convey, mortgage, assign, lease or in any way alienate the Aircraft or create any kind of lien or security interest involving the Aircraft or do anything or take any action that might mature into such a lien;
3. ; During the term of this Agreement, Lessee will abide by and conform to all such laws, governmental, and airport orders, rules, and regulations as shall from time to time be in effect relating in any way to the operation and use of the Aircraft by a time-sharing Lessee;
(c) ; Lessee shall only permit operation of the Aircraft by a fully qualified pilot. Lessee shall provide Lessor’s Flight Operations Department Lessor with notice of his its desire to use the Aircraft and proposed flight schedules as far in advance of any given flight as possible, and in any case, at least forty-eight (48) hours in advance of Lessee’s 's planned departure. Requests for flight time shall be in a form, whether written or oral, mutually convenient to, and agreed upon by the Parties. In addition to the proposed schedules and flight times Lessee shall provide at least the following information for each proposed completed flight at some time prior to scheduled departure as required by promptly upon the Lessor or Lessor’s flight crew:
1. proposed completion of each flight: departure point;
2. destination;
3. date and time of flight;
4. the number and identity of anticipated passengers and relationship to the Lessee;
5. the nature and extent of luggage and/or cargo to be carried;
6. the date and time of return flight, if any; and
7. any other information concerning the proposed flight that may be pertinent or required by Lessor or Lessor’s flight crew.
(c) Lessor shall notify Lessee as to whether or not the requested use of the Aircraft can be accommodated and, if not, the Parties shall discuss alternatives.
(d) Lessor’s prior planned utilization of the Aircraft will take precedence over Lessee’s use. Additionally, any maintenance and inspection of the Aircraft takes precedence over scheduling of the Aircraft unless such maintenance or inspection can be safely deferred in accordance with applicable laws and regulations and within the sound discretion of the Pilot-In-Command.
(e) Lessor shall have sole and exclusive authority over the scheduling of the Aircraft, including which Aircraft is used for any particular flight.
(f) Lessor shall not be liable to Lessee or any other person for loss, injury, or damage occasioned by the delay or failure to furnish the Aircraft and crew pursuant to this Agreement for any reason.
Appears in 1 contract
Use of Aircraft. (a) Lessee may use the Aircraft from time to time, with the permission and approval of Lessor’s 's Flight Operations Department, for any and all purposes allowed by FAR Section 91.501(b)(6) at such times as the Lessor does not require the use of the Aircraft for the business purposes of Lessor or an affiliate. Lessee’s use shall include the use of the Aircraft by his Spouse or related family member (including children or grandchildren) (“Related Family”) if they accompany him on the flight.an
(b) Lessee represents, warrants and covenants to Lessor that:
1. Lessee will use each Aircraft for and on his Lessee's own account only and will not use any Aircraft for the purposes of providing transportation of passengers or cargo in air commerce for compensation or hire;
2. Lessee shall refrain from incurring any mechanics lien or other lien in connection with inspection, preventative maintenance, maintenance or storage of the Aircraft, whether permissible or impermissible under this Agreement, and Lessee shall not attempt to convey, mortgage, assign, lease or any way alienate the Aircraft or create any kind of lien or security interest involving the Aircraft or do anything or take any action that might mature into such a lien;; and
3. During the term of this Agreement, Lessee will abide by and conform to all such laws, governmental, and airport orders, rules, and regulations as shall from time to time be in effect relating in any way to the operation and use of the Aircraft by a time-sharing Lessee;.
(c) Lessee shall provide Lessor’s 's Flight Operations Department with notice of his Lessee's desire to use the Aircraft and proposed flight schedules as far in advance of any given flight as possible, and in any case, at least forty-eight (48) hours in advance of Lessee’s 's planned departure. Requests for flight time shall be in a form, whether written or oral, mutually convenient to, and agreed upon by the Parties. In addition to the proposed schedules and flight times Lessee shall provide at least the following information for each proposed flight at some time prior to scheduled departure as required by the Lessor or Lessor’s 's flight crew:
1. proposed departure point;
2. destination;
3. date and time of flight;
4. the number and identity of anticipated passengers and relationship to the Lessee;
5. the nature and extent of luggage and/or cargo to be carried;
6. the date and time of return flight, if any; and
7. any other information concerning the proposed flight that may be pertinent or required by Lessor or Lessor’s 's flight crew.
(cd) Lessor shall notify Lessee as to whether or not the requested use of the Aircraft can be accommodated and, if not, the Parties shall discuss alternatives.
(de) Lessor’s 's prior planned utilization of the Aircraft will take precedence over Lessee’s 's use. Additionally, any maintenance and inspection of the Aircraft takes precedence over scheduling of the Aircraft unless such maintenance or inspection can be safely deferred in accordance with applicable laws and regulations and within the sound discretion of the Pilot-In-Command.
(ef) Lessor shall have sole and exclusive authority over the scheduling of the Aircraft, including which Aircraft is used for any particular flight.
(fg) Lessor shall not be liable to Lessee or any other person for loss, injury, or damage occasioned by the delay or failure to furnish the Aircraft and crew pursuant to this Agreement for any reason.
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Samples: Aircraft Time Sharing Agreement (Qwest Communications International Inc)