successors.
16.
Severability.
In the event that any one or more of the provisions of this Agreement
shall for any reason be held to be invalid, illegal, or unenforceable, those
provisions shall be replaced by provisions acceptable to both Parties to this
Agreement.
6
17.
Flight Crew.
Lessor is responsible for providing a qualified flight crew for all
flight operations under this Agreement. The Lessor will furnish two experienced
and competent pilots who shall be under the direction and control of the Lessor
at all times.
18.
Base of Operations.
For purposes of this Agreement, the base of operation of the Aircraft is
Centennial Airport, Englewood, Colorado 80112; provided that such base may be
changed permanently upon notice from Lessor to Lessee.
19.
Taxes.
The Parties acknowledge that reimbursement of all items specified in
Paragraph 4, except for subsections (7) and (8) thereof, are subject to the
Federal Excise Tax imposed under Internal Revenue Code 4261 (the "Commercial
Transportation Tax"). Lessee shall pay to Lessor (for payment to the appropriate
governmental agency) any Commercial Transportation Tax applicable to flights of
the Aircraft conducted hereunder. Lessee shall indemnify Lessor for any claims
related to the Commercial Transportation Tax to the extent that Lessee has paid
Lessor the amounts necessary to pay such taxes.
20.
Title and Right of Possession.
Legal title to the Aircraft in Exhibit A shall remain in the Lessor at
all times. Lessor has the right of possession to the Aircraft in Exhibit B
pursuant to an Aircraft Lease Agreement. Nothing herein shall constitute a
transfer of Lessor's possessory rights to the Aircraft.
21.
Truth-in-Leasing.
The Lessor shall mail a copy of this Agreement for and on behalf of both
Parties to: Flight Standards Technical Division, P.O. Box 25724, Oklahoma City,
Oklahoma 73125, within twenty-four (24) hours of its execution, as provided by
FAR Section 91.23(c)(1). Additionally, Lessor agrees to comply with the
notification requirements of FAR Section 91.23 by notifying by telephone or in
person the Rocky Mountain FAA Flight Standards District Office at least
forty-eight (48) hours prior to the first flight under this Agreement.
(a)
LESSOR CERTIFIES THAT THE AIRCRAFT HAS BEEN INSPECTED AND
MAINTAINED WITHIN THE 12-MONTH PERIOD PRECEDING THE DATE OF THIS AGREEMENT IN
ACCORDANCE WITH THE PROVISIONS OF PART 91 OF THE FEDERAL AVIATION REGULATIONS
AND THAT ALL APPLICABLE REQUIREMENTS FOR THE AIRCRAFT'S MAINTENANCE AND
INSPECTION THEREUNDER WILL BE MET AND ARE VALID FOR THE OPERATIONS TO BE
CONDUCTED UNDER THIS AGREEMENT DURING THE DURATION OF THIS AGREEMENT.
(b)
LESSOR, WHOSE ADDRESS APPEARS IN PARAGRAPH 13 ABOVE AND WHOSE
AUTHORIZED SIGNATURE APPEARS BELOW, AGREES, CERTIFIES AND ACKNOWLEDGES THAT
WHENEVER THE AIRCRAFT IS OPERATED UNDER THIS AGREEMENT, LESSOR SHALL BE KNOWN
AS, CONSIDERED AND SHALL IN FACT BE THE OPERATOR OF THE AIRCRAFT AND THAT LESSOR
UNDERSTANDS ITS RESPONSIBILITIES FOR COMPLIANCE WITH APPLICABLE FEDERAL AVIATION
REGULATIONS.
(c)
THE PARTIES UNDERSTAND THAT AN EXPLANATION OF FACTORS AND
PERTINENT FEDERAL AVIATION REGULATIONS BEARING ON OPERATIONAL CONTROL CAN BE
OBTAINED FROM THE NEAREST FAA FLIGHT