TIME SHARING AGREEMENTAircraft Lease Agreement |
|
|
|
You are currently viewing: This Aircraft Lease Agreement involves
TOMOTHERAPY INC | Cozzens and Cudahy Air Inc.. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here. |
|
|
|
Search Aircraft Lease Agreement by:
EXHIBIT 10.15
TIME SHARING AGREEMENT
This
Time Sharing Agreement is effective as of April 21, 2005 by and between
Cozzens and Cudahy Air Inc., with an address of 9100 N Swan Rd., Milwaukee
Wisconsin 53224 (“Lessor”) and Tomotherapy Inc. with an address
of 1240 Deming Way, Madison, Wisconsin 53717 (“Lessee”).
WHEREAS,
Lessor is the owner of that certain Raytheon Hawker Aircraft HS125-800-XP
bearing the United States Registration Number N317CC and Manufacturer’s
Serial Number 258532 (“Aircraft”);
WHEREAS,
Lessor employs a fully qualified flight crew to operate the Aircraft; and
WHEREAS,
Lessor and Lessee desire to lease said Aircraft with flight crew on a
non-exclusive time sharing basis as defined in Section 91.501 (c)
(1) of the Federal Aviation Regulations (“FAR”).
The
parties agree as follows:
1. Lessor
agrees to lease the Aircraft to Lessee pursuant to the provisions of FAR 91.501
(c) (1) and to provide a fully qualified flight crew for all operations.
This Agreement shall commence on the date that it is signed and continue for
one year after said date. Thereafter, this Agreement shall be automatically
renewed on a month to month basis, unless sooner terminated by either party as
hereinafter provided. Either party may at any time terminate this Agreement
upon thirty (30) days written notice to the other party.
2. Lessee
shall pay Lessor for each flight conducted under this Agreement an amount up to
the actual expenses of each specific flight as authorized by FAR Part 91.501
(d). These expenses include:
(a)
Fuel, oil, lubricants, and other additives;
(b)
Travel expenses of the crew, including food, lodging and ground transportation;
(c)
Hangar and tie down costs away from the Aircraft’s base of operation;
(d)
Insurance obtained for the specific flight;
(e)
Landing fees, airport taxes and similar assessments;
(f)
Customs, foreign permit, and similar fees directly related to the flight;
(g)
In-flight food and beverages;
(h)
Passenger ground transportation;
(i)
Flight planning and weather contract services; and
(j)
An additional charge equal to 100% of the expenses listed in subparagraph
(a) of this paragraph.
3. Lessor
will pay all expenses related to the operation of the Aircraft when incurred,
and will provide an invoice to Lessee for the expenses listed in paragraph 2.
Lessee shall pay Lessor within fifteen (15) days after receipt of each
invoice.
4. 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
twenty-four (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.
5. Lessor
shall have final authority over the scheduling of the Aircraft, provided
however, that Lessor will use its best efforts to accommodate Lessee’s
needs and to avoid conflicts in scheduling.
2
6. Lessor
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, 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 within the sound discretion of the pilot
in command. The pilot in command shall have final and complete authority to
cancel any flight for any reason or condition which in his judgment would
compromise the safety of the flight.
7. Lessor
shall employ, pay for and provide to Lessee a qualified flight crew for each
flight undertaken under this Agreement.
8. In
accordance with applicable FARs, the qualified flight crew provided by Lessor
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 in 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, or acts of God.
9. At
all times during the term of this Agreement, Lessor shall cause to be carried
and maintained, at Lessor’s cost and expense, physical damage insurance
with respect to the
3
Aircraft and third party
aircraft liability insurance, and passenger legal liability insurance. Lessor
shall also bear the cost of paying any deductible amount on any policy of
insurance in the event of a claim or loss. Lessor shall submit this Agreement
for approval to the insurance carrier for each policy of insurance on the
Aircraft.
10. Lessee
warrants that:
(a)
It will use the Aircraft for and on account of its own business and will not
use the Aircraft for the purpose of providing transportation of passengers or
cargo in air commerce for compensation or hire; and
(b)
It will refrain from incurring any mechanics or other lien and shall not
attempt to convey, mortgage, assign or lease 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.
11. For purposes of this Agreement, the permanent base of operation of the Aircraft shall be Signature F






