SHALL BE
DEEMED TO MAKE OR HAVE MADE, AND OWNER (FOR ITSELF AND ITS AFFILIATES) HEREBY
DISCLAIMS, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WRITTEN OR
ORAL, WITH RESPECT TO ANY AIRCRAFT TO BE USED HEREUNDER OR ANY ENGINE OR
COMPONENT THEREOF INCLUDING, WITHOUT LIMITATION, ANY
WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR
WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION,
AIRWORTHINESS, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT OR TITLE.
27.
Truth in leasing statement under FAR Section 91.23:
Owner shall
mail a copy of this Agreement for and on behalf of both Parties to:
Flight
Standards Technical Division, P.O. Box 25724, Oklahoma City, Oklahoma 73125,
within twenty-four (24) hours of its execution, as provided by FAR Section
91.23(c)(1). Additionally, Owner agrees to comply with the notification
requirements of FAR Section 91.23 by notifying by telephone or in person the FAA
Flight Standards District Office nearest the airport where the first flight will
originate at least forty-eight (48) hours prior to the first flight under this
Agreement.
(a)
OWNER HEREBY CERTIFIES THAT THE AIRCRAFT HAS BEEN INSPECTED AND
MAINTAINED WITHIN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THIS
AGREEMENT, EXCEPT TO THE EXTENT THE AIRCRAFT IS LESS THAN TWELVE (12) MONTHS
OLD, IN ACCORDANCE WITH THE PROVISIONS OF FAR PART 91 AND ALL APPLICABLE
REQUIREMENTS FOR THE MAINTENANCE AND INSPECTION THERE UNDER HAVE BEEN MET AND
ARE VALID FOR THE OPERATIONS TO BE CONDUCTED UNDER THIS AGREEMENT.
(b)
OWNER WHOSE ADDRESS APPEARS IN SECTION 23 ABOVE AND WHOSE
AUTHORIZED SIGNATURE APPEARS BELOW, AGREES, CERTIFIES, AND KNOWINGLY
ACKNOWLEDGES THAT WHEN THE AIRCRAFT IS OPERATED UNDER THIS AGREEMENT, OWNER
SHALL BE KNOWN AS, CONSIDERED, AND SHALL IN FACT BE THE OPERATOR OF THE AIRCRAFT
AND THAT OWNER UNDERSTANDS ITS RESPONSIBILITIES FOR COMPLIANCE WITH APPLICABLE
FEDERAL AVIATION REGULATIONS.
(c)
AN EXPLANATION OF FACTORS BEARING ON OPERATIONAL CONTROL AND
PERTINENT FARS CAN BE OBTAINED FROM THE NEAREST FAA FLIGHT STANDARDS DISTRICT
OFFICE, GENERAL AVIATION DISTRICT OFFICE, OR AIR CARRIER DISTRICT OFFICE. EACH
PARTY AGREES TO UNDERSTAND AND ABIDE BY THESE REGULATIONS.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.]
IN WITNESS WHEREOF, Owner and Lessee caused the signatures of their authorized
representatives to be affixed below on the day and year first above written.
OWNER:
CEPHALON, INC.
Name: Carl A. Savini
Title:
Executive Vice President & Chief Administrative Officer
LESSEE:
EXHIBIT A
CEPHALON, INC.
Aircraft Subject to Time Sharing Agreement
Each of the undersigned is a party to the Time Sharing Agreement dated
November 1, 2006, by and between Cephalon, Inc. ("Cephalon" or "Owner"), and
("Lessee") (collectively the "Parties"), and agrees that
from and after the date below, until this Exhibit A shall be superseded and
replaced through agreement of the Parties or the Amended and Restated Time
Sharing Agreement shall be terminated pursuant to its terms, the Aircraft
described below shall constitute the "Aircraft" described in and subject to the
terms of the Time Sharing Agreement.
2001 Bombardier Challenger CL-600-2B16
Manufacturer's Serial