any association, partnership, joint venture, or principal-and-agent
relationship between the parties hereto or be construed to evidence the
intention of the parties to constitute such.
(p)Survival. All representations, warranties, covenants and agreements, set
forth in sections 4, 5, 6, 8 and 10 will survive the expiration or termination
of this Agreement. The termination of this Agreement will not affect the
obligation of Recipient to pay Provider all accrued and unpaid Reimbursement and
all other accrued and unpaid amounts due hereunder.
11.Truth-In-Leasing
(a)THE PARTIES HAVE REVIEWED THE AIRCRAFT'S MAINTENANCE RECORDS AND OPERATING
LOGS AND HAVE FOUND THAT, DURING THE PRECEDING TWELVE MONTHS, OR, IF SHORTER,
THE PERIOD FROM THE DATE OF DELIVERY OF THE AIRCRAFT FROM THE MANUFACTURER, THE
AIRCRAFT HAS BEEN MAINTAINED AND INSPECTED UNDER FAR PART 91. RECIPIENT
ACKNOWLEDGES THAT THE AIRCRAFT WILL BE MAINTAINED AND INSPECTED UNDER FAR PART
91 FOR OPERATIONS TO BE CONDUCTED UNDER THIS AGREEMENT.
(b)RECIPIENT ACKNOWLEDGES THAT PROVIDER IS RESPONSIBLE FOR OPERATIONAL CONTROL
OF THE AIRCRAFT FOR FLIGHTS UNDER THIS AGREEMENT. EACH OF PROVIDER AND RECIPIENT
CERTIFIES THAT IT UNDERSTANDS ITS RESPONSIBILITIES FOR COMPLIANCE WITH
APPLICABLE FEDERAL AVIATION REGULATIONS.
(c)RECIPIENT UNDERSTANDS THAT AN EXPLANATION OF FACTORS BEARING ON OPERATIONAL
CONTROL AND THE PERTINENT FEDERAL AVIATION REGULATIONS CAN BE OBTAINED FROM THE
NEAREST FAA FLIGHT STANDARDS DISTRICT OFFICE.
IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be
duly executed as of the day and year first written above.
PROVIDER
RECIPIENT
QUALCOMM Incorporated,
a Delaware corporation
By: ____________________________________
By:______________________________
Title: _________________________________