manually executed original of
any document delivered by facsimile within five days.
Section 27 - Jury Trial Waiver.
LESSOR AND LESSEE HEREBY EACH WAIVE THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY OF
ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF OR RELATED TO THE
AIRCRAFT OR THIS LEASE. THIS WAIVER IS MADE KNOWINGLY, WILLINGLY AND VOLUNTARILY
BY LESSOR AND LESSEE WHO EACH ACKNOWLEDGE THAT NO REPRESENTATIONS HAVE BEEN MADE
BY ANY INDIVIDUAL TO INDUCE THIS WAIVER OF TRIAL BY JURY OR IN ANY WAY TO MODIFY
OR NULLIFY ITS EFFECT. THIS WAIVER APPLIES TO ANY SUBSEQUENT AMENDMENTS,
RENEWALS, SUPPLEMENTS OR MODIFICATIONS HERETO.
20
Section 28 - Truth in Leasing.
THE AIRCRAFT BECAME SUBJECT TO THE MAINTENANCE REQUIREMENTS OF PART 91, OF THE
FEDERAL AVIATION REGULATIONS ("FARS") UPON THE REGISTRATION OF THE AIRCRAFT WITH
THE FAA. LESSEE CERTIFIES THAT DURING THE 12 MONTHS (OR PORTION THEREOF DURING
WHICH THE AIRCRAFT HAS BEEN SUBJECT TO U.S. REGISTRATION) PRECEDING THE
EXECUTION OF THIS LEASE, THE AIRCRAFT HAS BEEN MAINTAINED AND INSPECTED UNDER
PART 91, OF THE FARS. LESSEE CERTIFIES THAT THE AIRCRAFT WILL BE MAINTAINED AND
INSPECTED UNDER PART 91 OF THE FARS FOR OPERATIONS TO BE CONDUCTED UNDER THE
LEASE. UPON EXECUTION OF THIS LEASE, AND DURING THE TERM HEREOF, THE LESSEE,
WHOSE NAME AND ADDRESS ARE SET FORTH IMMEDIATELY BELOW, ACTING BY AND THROUGH
THE SIGNATORY HERETO, WHO EXECUTES THIS SECTION SOLELY IN THE CAPACITY SET FORTH
BELOW THE SIGNATORY'S SIGNATURE, CERTIFIES THAT THE LESSEE WILL BE RESPONSIBLE
FOR THE OPERATIONAL CONTROL OF THE AIRCRAFT UNDER THE LEASE, UNLESS, THE
AIRCRAFT IS SUBLEASED TO AN AIR CARRIER OR AIR TAXI OPERATOR CERTIFICATED UNDER
PART 121 OR PART 135, RESPECTIVELY, OF THE FARS. THE NAME, ADDRESS AND SIGNATURE
OF THE PERSON RESPONSIBLE FOR OPERATIONAL CONTROL OF THE AIRCRAFT UNDER THIS
LEASE ARE SET FORTH IN THIS SECTION 28 AND SUCH PERSON'S EXECUTION HEREOF
CONSTITUTES A CERTIFICATION BY SUCH PERSON THAT SUCH PERSON UNDERSTANDS HIS OR
HER RESPONSIBILITY FOR COMPLIANCE WITH APPLICABLE FARS.
a)
Name:
DON F. AHERN
Signature:
/s/ DON F. AHERN
Address:
4241 S. ARVILLE LAS VEGAS, NV 89103
THE LESSEE FURTHER CERTIFIES THAT IT UNDERSTANDS ITS RESPONSIBILITIES FOR
COMPLIANCE WITH APPLICABLE FARS. AN EXPLANATION OF FACTORS BEARING ON
OPERATIONAL CONTROL AND PERTINENT FARS CAN BE OBTAINED FROM THE NEAREST FEDERAL
AVIATION FLIGHT STANDARD DISTRICT OFFICE, GENERAL AVIATION DISTRICT OFFICE OR
AIR CARRIER DISTRICT OFFICE.
Lessee's Initials:
DA
Lessee's Initials:
DA
(Signature Page follows)
21
IN WITNESS WHEREOF, the parties hereto have caused the Aircraft Lease Agreement
to be duly executed by their respective officers thereunto duly authorized.
LESSOR:
LESSEE:
KEY EQUIPMENT FINANCE INC.
AHERN RENTALS, INC.
Signature:
/s/ Donald C. Davis
Signature:
/s/ DON F. AHERN
Print Name:
Donald C. Davis
Print Name:
DON F. AHERN
Title:
Vice President
Title:
PRESIDENT
Date:
April 20, 2006
Date:
4/20/06
Address:
Address:
1000 South McCaslin Blvd
4241 Arville St
Superior, CO 80027
Las Vegas, NV 89103-3713
LESSEE:
DON F. AHERN
Signature:
/s/ DON F. AHERN
Print Name: