Agreement shall be construed and performance hereof
shall be determined in accordance with laws of the State of Pennsylvania
(excluding conflict of laws principles).
9.2 Severability. If any provision of this Agreement becomes invalid, illegal or
unenforceable in any respect under any law, the validity, legality and
enforceability of the remaining provisions shall not in any way be affected or
impaired.
9.3 Counterparts. This Agreement may be executed in any number of counterparts,
each such counterpart constituting an original hereof.
ARTICLE 10: TRUTH-IN-LEASING
10.1 Truth-in-Leasing. THE AIRCRAFT SUBJECT TO THIS TIME SHARING AGREEMENT HAS
BEEN MAINTAINED AND INSPECTED IN ACCORDANCE WITH PART 91 OF THE FEDERAL AVIATION
REGULATIONS DURING THE TWELVE (12) MONTHS PRECEDING THE EFFECTIVE DATE HEREOF
AND THE PARTIES HERETO CERTIFY THAT FOR THE PURPOSES OF THE OPERATION TO BE
CONDUCTED PURSUANT TO THIS AGREEMENT THE AIRCRAFT IS IN FULL COMPLIANCE WITH THE
APPLICABLE MAINTENANCE AND INSPECTION REQUIREMENTS OF SAID PART 91. THE NAME AND
ADDRESS OF THE PARTY RESPONSIBLE FOR THE OPERATIONAL CONTROL OF THE AIRCRAFT FOR
THE TERM OF THIS AGREEMENT IS CONSOL ENERGY INC., 1800 WASHINGTON ROAD,
PITTSBURGH, PENNSYLVANIA 15241 AND SAID PARTY HEREBY CERTIFIES THAT IT
UNDERSTANDS ITS RESPONSIBILITY TO COMPLY WITH APPLICABLE FEDERAL AVIATION
REGULATIONS. AN EXPLANATION OF THE FACTORS BEARING ON OPERATIONAL CONTROL AND
PERTINENT FEDERAL AVIATION REGULATIONS CAN BE OBTAINED FROM THE NEAREST FEDERAL
AVIATION ADMINISTRATION FLIGHT STANDARDS DISTRICT OFFICE.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
1st day of May 2007.
CONSOL ENERGY INC.
J. BRETT HARVEY
/s/ P. Jerome Richey
/s/ J. Brett Harvey
Name: P. Jerome Richey
Name: J. Brett Harvey Title: General Counsel
4
Annex A
Charges to be Paid by Lessee to Owner for Certain Flights
City Pair
Rate
Between Pittsburgh and Toronto (round trip)
$ 1,500
5