be affected or impaired thereby.
16.Nothing herein shall be construed to create a partnership, joint venture,
franchise, employer-employee relationship or to create any relationship of
principal and agent.
17.This Agreement shall be governed by and construed in accordance with the laws
of the Commonwealth of Virginia, without regard to its choice of law provisions.
18.All notices and other communications required or permitted to be given
hereunder shall be (as elected by the party giving such notice) (i) personally
delivered to the party to whom it is to be given, (ii) transmitted by email,
telecopy or facsimile, (iii) transmitted by postage prepaid certified mail,
return receipt requested, or (iv) delivered by a recognized overnight courier
service, in each case at the following addresses (or at such other addresses for
a party as shall be specified by like notice) or to the email address or
telecopy number of the party:
(a)
If to Operator:
To:
Altria Client Services LLC
6601 West Broad Street
Richmond, VA 23230
Attn: Clayton J. Wilson
(b)
If to Lessee:
To:
Howard A. Willard
6601 West Broad Street
Richmond, VA 23230
19.This Agreement may be executed in one or more counterparts each of which will
be deemed an original, all of which together shall constitute one and the same
agreement.
20.TRUTH IN LEASING STATEMENT UNDER SECTION 91.23 OF THE FEDERAL AVIATION
REGULATIONS ("FAR").
(A)
ALTRIA CLIENT SERVICES LLC ("OPERATOR") HEREBY CERTIFIES THAT THE COMPANY
AIRCRAFT HAVE BEEN INSPECTED AND MAINTAINED WITHIN THE 12 MONTH PERIOD PRECEDING
THE DATE OF THIS AGREEMENT IN ACCORDANCE WITH THE PROVISIONS OF FAR PART 91 AND
ALL APPLICABLE REQUIREMENTS FOR THE MAINTENANCE AND INSPECTION THEREUNDER HAVE
BEEN MET.
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(B)
THE COMPANY AIRCRAFT WILL BE MAINTAINED AND INSPECTED UNDER PART 91 OF THE
FEDERAL AVIATION REGULATIONS FOR OPERATIONS TO BE CONDUCTED UNDER THIS AGREEMENT
DURING THE DURATION OF THIS AGREEMENT.
(C)
ALTRIA CLIENT SERVICES LLC WITH AN ADDRESS OF 6601 WEST BROAD STREET; RICHMOND,
VA 23230 ("OPERATOR") AGREES, CERTIFIES AND KNOWINGLY ACKNOWLEDGES THAT WHEN THE
COMPANY AIRCRAFT ARE OPERATED UNDER THIS AGREEMENT, IT SHALL BE KNOWN AS,
CONSIDERED, AND SHALL IN FACT BE THE OPERATOR OF THE COMPANY AIRCRAFT, AND THAT
ALTRIA CLIENT SERVICES LLC UNDERSTANDS ITS RESPONSIBILITIES FOR COMPLIANCE WITH
APPLICABLE FEDERAL AVIATION REGULATIONS.
OPERATOR:
ALTRIA CLIENT SERVICES LLC
By: /s/ SCOTT D. SCOFIELD
Name: Scott D. Scofield
Title: Vice President, Compensation, Benefits & HR Services
(D)
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 STANDARDS DISTRICT OFFICE.
(E)
LESSEE AND OPERATOR CERTIFY THAT THEY SHALL COMPLY WITH THE TRUTH-IN-LEASING
REQUIREMENTS DEFINED IN EXHIBIT B ATTACHED HERETO.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written. The persons signing below warrant their
authority to sign.
Operator:
Lessee:
ALTRIA CLIENT SERVICES LLC
By:
/s/ SCOTT D. SCOFIELD
/s/ HOWARD A. WILLARD
Name:
Scott D. Scofield
Howard A. Willard
Title:
Vice President, Compensation,
Benefits