Danaher 2011 Annual Report Download - page 216

with the Aircraft pilots, cabin attendants, and maintenance personnel. On behalf of Owner, Manager shall, in accordance with all applicable FAR and federal,
state, foreign and local statutes, regulations, ordinances, rules and orders and consistent with all applicable manuals, related guidance material and insurance
safety requirements: (1) provide, contract for, and supervise maintenance of the Aircraft, (2) secure, as agent for Owner, all required authority for operation of
the Aircraft, (3) provide logbook, recordkeeping, reporting, budgeting and other administrative services, (4) schedule and arrange dispatch for the Aircraft as
requested by Owner, and (5) maintain, store, and supervise the Aircraft in a careful and proper manner. In addition, Manager shall assist Owner in the
performance of any obligations under any interchange or time share arrangement for the Aircraft entered into by Owner, in each case as specifically requested
by Owner and in accordance with the FAR. In addition, Manager shall provide recordkeeping related to Aircraft use pursuant to such agreements as requested
by Owner and in accordance with the FAR.
4. . The term of this Agreement (the “Term”) shall commence on the date hereof and shall continue until terminated pursuant to the terms and
conditions of this Agreement.
5. .
A. Non-Shared Expenses. Manager, as agent for Owner shall record all bills and assessments for expenses attributable to the Aircraft, including
without limitation, expenses in connection with services, supplies, fuel, landing fees, use, maintenance, operation, storage, supervision and management, in
each case to the extent such expenses are not shared pursuant to Section 5(B). It is agreed and acknowledged that Owner will pay such bills and assessments
when due and payable. However, in the event Manager pays a bill or assessment on behalf of Owner, Owner will promptly reimburse Manager for such bill or
assessment upon receipt of appropriate documentation thereof.
B. Shared Expenses. The parties agree and acknowledge that Owner has agreed where feasible and upon mutual determination among Owner and
certain other aircraft operators for whom Manager provides aircraft management services (collectively, the “Participating Aircraft Operators”), such
Participating Aircraft Operators shall share the expenses relating to the use, maintenance, operation, storage, supervision, and management of their aircraft on
the basis set forth on Schedule B. Manager shall facilitate such sharing and shall record all bills and assessments for all expenses shared by the Participating
Aircraft Operators.
C. Joint Bargaining. The parties further agree and acknowledge that with respect to the expenses, and in accordance with Schedule B, Owner
and Manager will where feasible and upon agreement with the other Participating Aircraft Operators, seek to utilize joint purchasing or collective bargaining
arrangements in order to obtain the benefit of discounted pricing.
6. . Owner shall be responsible for any and all taxes assessed related to the ownership, use, maintenance, operation, storage, supervision, and
management of the Aircraft.
2
Source: DANAHER CORP /DE/, 10-K, February 24, 2012 Powered by Morningstar® Document Research℠
The information contained herein may not be copied, adapted or distributed and is not warranted to be accurate, complete or timely. The user assumes all risks for any damages or losses arising from any use of this information,
except to the extent such damages or losses cannot be limited or excluded by applicable law. Past financial performance is no guarantee of future results.