two
(2) or more
separate counterparts, each and all of which when so executed shall be an
original, and all of which shall together constitute but one and the same
instrument.
7.
Truth in Leasing.
TIME SHARE LESSOR HEREBY CERTIFIES THAT, DURING THE TWELVE (12) MONTH PERIOD
PRECEDING THE DATE OF THIS AGREEMENT, THE AIRCRAFT HAS BEEN INSPECTED AND
MAINTAINED IN ACCORDANCE WITH THE PROVISIONS OF FAR 91.409.
3
Exhibit 10.2
THE PARTIES HERETO CERTIFY THAT DURING THE TERM OF THIS AGREEMENT AND FOR
OPERATIONS CONDUCTED HEREUNDER, THE AIRCRAFT WILL BE MAINTAINED AND INSPECTED IN
ACCORDANCE WITH THE PROVISIONS OF FAR 91.409.
TIME SHARE LESSOR ACKNOWLEDGES THAT WHEN IT OPERATES THE AIRCRAFT ON BEHALF OF
TIME SHARE LESSEE UNDER THIS AGREEMENT, TIME SHARE LESSOR SHALL BE KNOWN AS
CONSIDERED, AND IN FACT WILL BE THE OPERATOR OF THE AIRCRAFT AND SOLELY
RESPONSIBLE FOR OPERATIONAL CONTROL OF THE AIRCRAFT. EACH PARTY HERETO CERTIFIES
THAT IT UNDERSTANDS THE EXTENT OF ITS RESPONSIBILITIES, SET FORTH HEREIN, FOR
COMPLIANCE WITH APPLICABLE FEDERAL AVIATION REGULATIONS.
AN EXPLANATION OF FACTORS BEARING ON OPERATIONAL CONTROL AND PERTINENT FEDERAL
AVIATION REGULATIONS CAN BE OBTAINED FROM THE NEAREST FEDERAL AVIATION
ADMINISTRATION FLIGHT STANDARDS DISTRICT OFFICE.
THE PARTIES HERETO CERTIFY THAT A TRUE COPY OF THIS AGREEMENT SHALL BE CARRIED
ON THE AIRCRAFT AT ALL TIMES, AND SHALL BE MADE AVAILABLE FOR INSPECTION UPON
REQUEST BY AN APPROPRIATELY CONSTITUTED AND IDENTIFIED REPRESENTATIVE OF THE
ADMINISTRATOR OF THE FAA.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date and
year first above written.
ASSIGNOR:
QUEST DIAGNOSTICS INCORPORATED
By: _______________________________
Name: Cecilia K. McKenney
Title: Senior Vice President
TIME SHARE LESSOR:
QUEST DIAGNOSTICS CLINICAL LABORATORIES, INC.
By: _______________________________
Name: Cecilia K. McKinney
Title: Senior Vice President
TIME SHARE LESSEE:
By: _______________________________
Name: Stephen H. Rusckowski
4
Exhibit 10.2
EXHIBIT A
FSDO Notification Letter
Date: _________________
Via Facsimile
Fax: __________________
Federal Aviation Administration
__________________________
__________________________
__________________________
RE: FAR Section 91.23 FSDO Notification
First Flight Under Time Sharing Agreement
To whom it may concern:
Pursuant to the requirements of Federal Aviation Regulation Section 91.23(c)(3),
please accept this letter as notification that the first flight of the aircraft
under a Time Sharing Agreement will depart from ____________ Airport on [date],
at approximately ____ [am/pm] local time.
Should you require any additional information, please contact our pilot, [name],
at telephone: _________________.
Sincerely,
QUEST DIAGNOSTICS CLINICAL LABORATORIES, INC.
By: _________________________________
Print: _______________________________
Title: _______________________________
5
Exhibit 10.2
EXHIBIT B
The aircraft subject to this agreement are as follows:
Aircraft #1:
Dassault Falcon 2000EX
U.S. Registration Number: N197DX
Manufacturer's Serial Number: 216
Aircraft #2:
Pilatus PC-12
U.S. Registration Number N432CV
Manufacturer's Serial Number 119
Aircraft #3:
Pilatus PC-12
U.S. Registration Number N120QD
Manufacturer's Serial Number 120
Aircraft #4:
Pilatus PC-12
U.S. Registration Number N74AX
Manufacturer's Serial Number 149
Aircraft #5:
Pilatus PC-12
U.S. Registration Number N338QD
Manufacturer's Serial Number 338
Aircraft #6:
Pilatus PC-12
U.S. Registration Number N465PC
Manufacturer's Serial Number 465
Aircraft #7:
Pilatus PC-12
U.S. Registration Number N26VW
Manufacturer's