instrument, certificate, exhibit,
schedule, or other writing provided for in it, shall survive the Term of this
Agreement.
7.17Determination of Rent.
Lessor shall have plenary authority to administer
this Agreement and make determinations of Rent (subject to the FAA Maximum
amount) and shall bear the cost of
7.
administration of this Agreement and the calculations of Rent required by this
Agreement.
Lessee shall have the right to inspect and review such
determinations from time to time upon request and Lessor will use reasonable
commercial efforts to provide to Lessee third-party documentation, wherever
practically available, upon such Lessee's written request to substantiate any
Rent determinations under this Agreement including the Variable Costs or other
recoupable expenses used in such determinations.
7.18Limitation of Liability. NEITHER LESSOR (NOR ITS AFFILIATES) MAKES, HAS MADE
OR SHALL BE DEEMED TO MAKE OR HAVE MADE ANY WARRANTY OR REPRESENTATION, EITHER
EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE AIRCRAFT TO BE USED
HEREUNDER OR ANY ENGINE OR COMPONENT THEREOF INCLUDING, WITHOUT LIMITATION, ANY
WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR
WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION,
AIRWORTHINESS, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT OR TITLE.
IN NO EVENT SHALL LESSOR OR ITS AFFILIATES BE LIABLE FOR OR HAVE ANY DUTY FOR
INDEMNIFICATION OR CONTRIBUTION TO LESSEE OR LESSEE'S GUESTS FOR ANY CLAIMED
LIABILITIES, LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
RESULTING FROM OR ARISING OUT OF THE USE OR OPERATION OF THE AIRCRAFT PURSUANT
TO THIS AGREEMENT (ALTOGETHER, THE "LOSSES"), REGARDLESS OF WHETHER SUCH LOSSES
ARISE OUT OF OR ARE CAUSED BY, IN WHOLE OR IN PART, LESSOR'S NEGLIGENCE, GROSS
NEGLIGENCE OR STRICT LIABLITY OR WHETHER LESSOR KNEW OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH LOSSES.
The provisions of this Section 7.18 shall survive the termination or expiration
of this Agreement.
ARTICLE 8
TRUTH IN LEASING
8.1LESSOR CERTIFIES THAT THE AIRCRAFT OPERATED BY LESSOR PRESENTLY COMPLIES WITH
APPLICABLE FAA MAINTENANCE AND INSPECTION REQUIREMENTS FOR OPERATIONS TO BE
CONDUCTED UNDER THIS AGREEMENT AND THAT THE AIRCRAFT HAS BEEN MAINTAINED AND
INSPECTED FOR THE LAST 12 MONTHS (OR A PORTION THEREOF DURING WHICH THE AIRCRAFT
HAS BEEN SUBJECT TO U.S. REGISTRATION) AND IN THE FUTURE WILL BE MAINTAINED AND
INSPECTED UNDER PART 91 OF THE FAR FOR OPERATIONS TO BE CONDUCTED UNDER THIS
AGREEMENT.
8.2LESSOR CERTIFIES THAT LESSOR, AND NOT LESSEE, IS RESPONSIBLE FOR OPERATIONAL
CONTROL OF THE AIRCRAFT UNDER THIS AGREEMENT DURING THE TERM HEREOF AND LESSOR
WILL BE THE OPERATOR OF THE AIRCRAFT AS PROVIDED HEREIN AND IS RESPONSIBLE FOR
COMPLIANCE WITH APPLICABLE FAR.
8.3AN EXPLANATION OF FACTORS BEARING ON OPERATIONAL CONTROL AND PERTINENT
FEDERAL AVIATION REGULATIONS CAN BE OBTAINED FROM THE NEAREST FAA FLIGHT
STANDARDS DISTRICT OFFICE.
8.4A COPY OF THIS AGREEMENT SHALL BE MAILED OR FILED BY LESSEE TO THE FAA
AIRCRAFT REGISTRATION BRANCH, ATTN. TECHNICAL SECTION, P.O. BOX 25724, OKLAHOMA
CITY, OKLAHOMA 73125, WITHIN 24 HOURS AFTER ITS EXECUTION, AS REQUIRED BY
SECTION 91.23(c)(1) OF THE FAR AND A COPY