Abercrombie & Fitch 2010 Annual Report Download - page 117

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to Section 7 below. Further, LESSEE shall refrain from incurring any mechanic's or other lien in connection with inspection, preventative maintenance,
maintenance or storage of the Aircraft, whether permissible or impermissible under this Agreement, nor shall there be any attempt by LESSEE to convey,
mortgage, assign, lease or any way alienate the Aircraft or create any kind of lien or security interest involving the Aircraft or do anything or take any action
that might mature into such a lien.
4.3. Lawful Operation. The LESSEE's flights under this Agreement shall be in compliance with all laws of the jurisdictions in which the Aircraft may
be operated and in accordance with rules of the Federal Aviation Administration (the "FAA"). In particular, the Aircraft shall at all times be operated within
the limitations specified in the flight and maintenance manuals assigned to the Aircraft, as well as within the normal operating limitations under which the
Aircraft is certified.
4.4. Pilots. The LESSOR agrees that the Aircraft will be flown only by licensed and qualified pilots employed by NJA. The LESSEE has no right to
select pilots on behalf of NJA. In accordance with applicable FARs, the qualified flight crew will exercise all of its duties and responsibilities in regard to the
safety of each flight conducted hereunder, LESSEE specifically agrees that the flight crew, in its sole discretion, may terminate any flight, refuse to
commence any flight, or take other action which in the considered judgment of the pilot in command is necessitated by considerations of safety. No such
action of the pilot in command shall create or support any liability for loss, injury, damage or delay to LESSEE or any other person. The parties further agree
that LESSOR shall not be liable for delay or failure to furnish the Aircraft and crew pursuant to this Agreement when such failure is caused by government
regulation or authority, mechanical difficulty, war, civil commotion, strikes or labor disputes, weather conditions, acts of God or other unforeseen
circumstances.
4.5. Scheduling. The LESSOR retains the final authority regarding the scheduling of flights under this Agreement. LESSEE will provide LESSOR with
requests for flight time and proposed flight schedules as far in advance of any given flight as possible, and in any case, at least 24 hours in advance of
LESSEE's planned departure. Requests for flight time shall be in a form, whether written or oral, mutually convenient to, and agreed upon by the parties and
unless accepted by LESSOR, shall be deemed rejected. In addition to the proposed schedules and flight times LESSEE shall provide at least the following
information for each proposed flight at some time prior to scheduled departure as required by the LESSOR or LESSOR's flight crew:
(a) proposed departure point;
(b) destination;
(c) date and time of flight;
(d) the number of anticipated passengers;
(e) the nature and extent of luggage and/or cargo to be carried;
(f) the date and time of return flight, if any; and
(g) any other information concerning the proposed flight that may be pertinent or required by LESSOR or LESSOR's flight crew.
Section 5. Filing of Lease with FAA — Truth in Leasing. The LESSEE or his agent shall file a signed copy of this Agreement with the FAA, Aircraft
Registration Branch, Attn: Technical Section, P.O. Box 25724, Oklahoma City, Oklahoma 73125, within twenty-four (24) hours after the execution of this
Agreement. The LESSOR shall keep a copy of this Agreement in the Aircraft at all times.
Section 6. Maintenance of Aircraft. LESSOR shall be solely responsible for seeking maintenance, preventive maintenance and required or otherwise
necessary inspections on the Aircraft, and shall take such requirements into account in scheduling the Aircraft. No period of maintenance, preventative
maintenance, or inspection shall be delayed or postponed for the purpose of scheduling the Aircraft, unless said maintenance or inspection can be safely
conducted at a later time in compliance with all applicable laws and regulations, and