Danaher 2011 Annual Report Download - page 217

7. . Manager shall arrange for and furnish to Owner fully qualified flight crews for the operation by Owner of the Aircraft for the
duration of this Agreement. Owner specifically agrees that the flight crews supplied by Manager for the Aircraft will be under the exclusive command and
control of Owner in all phases of flight and at all times. The flight crews shall have full and exclusive authority to exercise all of their duties and
responsibilities in regard to the safety of each flight conducted by Owner in accordance with all applicable FAR. Owner specifically agrees that the flight
crews, in their 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 or damage to
Owner, or any other person. Owner further agrees that Manager shall not be liable for any delay or failure to furnish or return the Aircraft or crew when such
failure is caused by government regulation or authority, mechanical difficulty, war, civil commotion, strikes or labor disputes, weather conditions, or acts of
God.
8. . Requests for scheduling shall be in a form, whether oral or written, mutually convenient to, and
agreed upon by, the parties. Owner shall provide the following scheduling and flight time information to Manager for each proposed flight, as early as
possible:
A. proposed departure point;
B. destination;
C. date and time of departure or arrival;
D. the number of anticipated passengers;
E. the names, nationality, and affiliation of each anticipated passenger;
F. the nature and extent of luggage and/or cargo to be carried;
G. the date and time of a return flight, if any; and
H. any other information concerning the proposed flight that may be pertinent or required by Manager or the flight crew.
9. .
A. Operational Control. During all phases of flight conducted with the Aircraft, Owner shall retain and have operational control of the Aircraft
and exclusive possession, command, and control of the Aircraft. Except with regard to decisions made by the pilot in command as necessitated by safety
considerations or governmental restrictions or regulations, Owner shall determine when the Aircraft shall be operated, where the Aircraft shall be operated, and
the passengers and/or cargo which shall be carried.
B. Purpose of Flight. Owner will use the Aircraft only for purposes expressly permitted by Part 91, of the FAR. In connection with the use and
operation of the Aircraft, Owner shall be responsible for compliance with all applicable FAR.
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Source: DANAHER CORP /DE/, 10-K, February 24, 2012 Powered by Morningstar® Document Research℠
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