or encumbrance of
any kind with respect to any of his rights under this Agreement, the Aircraft,
or any part thereof. If such encumbrances come into existence as a result of any
act or omission of the LESSEE, the LESSEE at his sole expense shall promptly
remove same.
11.6. Successors and Assigns. This Agreement shall be binding on, and shall
inure to the benefit of, the LESSOR and the LESSEE and their respective
successors and assigns, provided that any assignment or sublease shall be made
in accordance with the terms hereof and no other person shall have or acquire
any rights under, or by virtue of, this Agreement.
11.7. Survival of Agreement Provisions. All provisions of this Agreement which
must survive the Agreement term for their full observance and performance shall
survive the Agreement term.
11.8. Governing Law and Forum. This Agreement shall be construed and interpreted
in accordance with the local laws of the State of Ohio.
11.9. TRUTH IN LEASING STATEMENT UNDER FAR 91.23. WITHIN THE TWELVE (12) MONTH
PERIOD PRECEDING THE DATE OF THIS AGREEMENT, THE AIRCRAFT HAS BEEN INSPECTED AND
MAINTAINED AND IN ACCORDANCE WITH FAR 91.409(f)(3): A CURRENT INSPECTION PROGRAM
RECOMMENDED BY THE MANUFACTURER.
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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(f)(3). LESSOR SHALL HAVE AND RETAIN
OPERATIONAL CONTROL OF THE AIRCRAFT DURING ALL OPERATIONS CONDUCTED PURSUANT TO
THIS AGREEMENT. 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.
[The remainder of this page is intentionally left blank. Signature page
follows.]
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IN WITNESS WHEREOF, the Parties have signed, or have caused their duly
authorized officers or representatives to sign, this Agreement to be effective
as of the Effective Date.
LESSEE:
LESSOR:
/s/ Michael S. Jeffries
ABERCROMBIE & FITCH
Michael S. Jeffries
MANAGEMENT CO.
By:
/s/ David S. Cupps
Name:
David S. Cupps
Title:
General Counsel & Secretary
ACKNOWLEDGMENT AND AGREEMENT
The OWNER hereby consents to LESSOR entering into this Agreement with LESSEE.
OWNER:
DFZ, LLC
By:
Abercrombie & Fitch Management Co., its sole member
By:
/s/ David S. Cupps
Name:
David S. Cupps
Title:
General Counsel & Secretary
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EXHIBIT A
Description of Aircraft
1.
Make and Model:
Gulfstream Aerospace G-V
Airframe
Manufacturer's Serial Number:
524
U.S. Registration Number:
N1892