AIRCRAFT TIME SHARING
AGREEMENT
This Time Sharing
Agreement (the Agreement), is made and entered into this 7
th day of February, 2007, by and between Cerner
Corporation, with a principal address of 2800 Rockcreek Parkway,
North Kansas City, Missouri 64117 (Operator), and Clifford W. Illig
(User).
WHEREAS, Operator
operates that certain Hawker aircraft, manufacturer’s serial
number 258653 bearing the United States Registration Number N203TM
(the Aircraft);
WHEREAS, Operator
employs a fully qualified flight crew to operate the Aircraft;
and
WHEREAS, Operator
desires to lease said Aircraft with flight crew to User and User
desires to lease said Aircraft and flight crew from Operator on a
time sharing basis pursuant to Section 91.501(c)(1) of the Federal
Aviation Regulations (“FARs”).
NOW THEREFORE,
Operator and User declaring their intention to enter into and be
bound by this Agreement, and for the good and valuable
consideration set forth below, hereby covenant and agree as
follows:
1. Operator
agrees to lease the Aircraft to User pursuant to the provisions of
FAR 91.501(c)(1) and to provide a fully qualified flight crew for
all operations on a non-continuous basis commencing on the first
date set forth hereinabove and continuing unless and until
terminated. Either party may terminate this Agreement by giving
thirty (30) days written notice to the other party. Operator
shall have the right to add or substitute aircraft of similar type,
quality and equipment, and to remove aircraft from the fleet, from
time to time during the term of this Agreement.
2. User shall
pay Operator for each flight conducted under this Agreement the
actual expenses of each specific flight as described in FAR
91.501(d)(a)-(i), including the actual expense items of any
“deadhead” flights made for User, as authorized by FAR
Part 91.501(d). The expenses authorized by FAR
Part 91.501(d)(a)-(i) include:
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(a)
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Fuel, oil, lubricants, and other
additives.
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(b)
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Travel expenses of the crew,
including food, lodging and ground transportation.
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(c)
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Hangar and tie down costs away from
the aircraft’s base of operation.
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(d)
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Insurance obtained for the specific
flight.
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(e)
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Landing fees, airport taxes and
similar assessments.
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(f)
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Customs, foreign permit, and similar
fees directly related to the flight.
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(g)
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In-flight food and
beverages.
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(h)
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Passenger ground
transportation.
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(i)
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Flight planning and weather contract
services.
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3. Operator
will pay all expenses related to the operation of the Aircraft when
incurred, and will provide an invoice and bill User for the
expenses enumerated in paragraph 2 above on the last day of the
month in which any flight or flights for the account of User occur.
User shall pay Operator for said expenses within fifteen
(15) days of receipt of the invoice and bill
therefore.
User shall include
with each payment any federal transportation excise tax due with
respect to such payment, and Operator shall be responsible for
collecting, reporting and remitting such tax to the U.S. Internal
Revenue Service.
4. User will
provide Operator with requests for flight time and proposed flight
schedules as far in advance of any given flight as possible.
Requests for flight time and proposed flight schedules shall be
made in compliance with Operator’s scheduling procedures and
aircraft use policies. In addition to proposed schedules and flight
times, User shall provide at least the following information for
each proposed flight at some time prior to scheduled departure as
required by the Operator or Operator’s flight
crew.
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(a)
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proposed departure point;
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(b)
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destination;
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(c)
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date and time of flight;
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(d)
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the
number of anticipated passengers;
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(e)
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the
nature and extent of unusual luggage and/or cargo to be
carried;
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(f)
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the
date and time of a return flight, if any; and
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(g)
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any
other information concerning the proposed flight that may be
pertinent or required by Operator or Operators flight
crew.
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5. Operator
shall pay all expenses related to the ownership and operation of
the Aircraft and shall employ, pay for and provide to User a
qualified flight crew for each flight undertaken under this
Agreement.
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6. Operator
shall be solely responsible for securing 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, preventive
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 within the sound
discretion of the pilo
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