Abercrombie & Fitch 2010 Annual Report Download - page 120

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11.5. Liens and Encumbrances. Without the prior consent of the LESSOR and NETJETS , the LESSEE shall not create or incur any mortgage, lien,
charge, 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.
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
THAT LESSEE SHALL HAVE A COPY OF THIS AGREEMENT ON HIS PERSON AT ALL TIMES THAT HE IS TRAVELING PURSUANT TO THIS
AGREEMENT, AND SUCH COPY 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.]