agreement.
16. Notices. Any notice, request, or other communication to any party by the
other party under this Agreement shall be conveyed in writing and shall be
deemed given on the earlier of the date (i) notice is personally delivered with
receipt acknowledged, (ii) a facsimile notice is transmitted, or (iii) three
(3) days after notice is mailed by certified mail, return receipt requested,
postage paid, and addressed to the party at the address set forth below.
If to Operator:
ConAgra Foods, Inc.
Attn: Corporate Secretary
One ConAgra Drive
Omaha, Nebraska 68102 If to
Lessee:
[EXECUTIVE]
86
c/o ConAgra Foods, Inc.
One ConAgra Drive
Omaha, NE 68102
The address of a party to which notices or copies of notice are to be given may
be changed from time to time by such party by written notice to the other party.
17. Severability. If any one or more of the provisions of the Agreement shall be
held invalid, illegal, or unenforceable, the remaining provisions of this
Agreement shall be unimpaired, and the invalid, illegal, or unenforceable
provision shall be replaced by a mutually acceptable provision, which, being
valid, legal, and enforceable, comes closest to the intention of the parties
underlying the invalid, illegal, or unenforceable provision. To the extent
permitted by applicable law, the parties hereby waive any provision of law,
which renders any provision of this Agreement prohibited or unenforceable in any
respect.
18. No Agency. Nothing herein shall be construed to create a partnership, joint
venture, franchise, or to create any relationship of principal and agent.
19. TRUTH IN LEASING STATEMENT PURSUANT TO 14 CFR 91.23 (FAR 91.23):
(a) OPERATOR HERETO CERTIFIES THAT EACH OF THE AIRCRAFT:
(i) HAS BEEN MAINTAINED AND INSPECTED WITHIN THE TWELVE (12) MONTHS PRECEDING
THE DATE OF THIS AGREEMENT IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN PART
91 OF THE FEDERAL AVIATION REGULATIONS, AND THAT ALL APPLICABLE REQUIREMENTS
THEREUNDER FOR MAINTENANCE AND INSPECTION HAVE BEEN COMPLIED WITH; AND
(ii) WILL BE MAINTAINED AND INSPECTED UNDER PART 91 OF THE FEDERAL AVIATION
REGULATIONS FOR OPERATIONS TO BE CONDUCTED UNDER THIS AGREEMENT.
(b) DURING THE DURATION OF THIS AGREEMENT, OPERATOR, WHOSE ADDRESS APPEARS IN
SECTION ABOVE, THROUGH ITS OFFICER WHOSE NAME, SIGNATURE AND TITLE IS SET FORTH
BELOW, (i) AGREES, CERTIFIES AND ACKNOWLEDGES THAT WHENEVER AN AIRCRAFT IS
OPERATED UNDER THIS AGREEMENT, IT IS THE OPERATOR OF SUCH AIRCRAFT AS PROVIDED
HEREIN AND (ii) UNDERSTANDS ITS RESPONSIBILITIES FOR COMPLIANCE WITH ALL
APPLICABLE FEDERAL AVIATION REGULATIONS.
(c) AN EXPLANATION OF THE FACTORS BEARING ON OPERATIONAL CONTROL OF THE
AIRCRAFT WHEN OPERATED UNDER THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE
PERTINENT FEDERAL AVIATION REGULATIONS CAN BE OBTAINED FROM THE NEAREST FAA
FLIGHT STANDARDS DISTRICT OFFICE, GENERAL AVIATION DISTRICT OFFICE OR AIR
CARRIER DISTRICT OFFICE.
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IN WITNESS WHEREOF, the parties hereto have caused the signatures of their
authorized representatives to be affixed below on the day and year first above
written. The persons signing below warrant their