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TIME SHARING AGREEMENT

Aircraft Lease Agreement

TIME SHARING AGREEMENT | Document Parties: ALTRIA GROUP, INC. | Altria Client Services Inc You are currently viewing:
This Aircraft Lease Agreement involves

ALTRIA GROUP, INC. | Altria Client Services Inc

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Title: TIME SHARING AGREEMENT
Governing Law: Virginia     Date: 1/29/2009
Industry: Tobacco     Sector: Consumer/Non-Cyclical

TIME SHARING AGREEMENT, Parties: altria group  inc. , altria client services inc
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Exhibit 10.2

TIME SHARING AGREEMENT

THIS TIME SHARING AGREEMENT (the “Agreement”) is made and entered into this 28th day of January, 2009, by and between Altria Client Services Inc., with an address of 6601 West Broad Street; Richmond, VA 23230 (“Operator”) and Michael E. Szymanczyk, with an address of 6601 West Broad Street; Richmond, VA 23230 (“User”).

WITNESSETH, that

WHEREAS, Operator owns the aircraft more particularly described on Exhibit A attached hereto (collectively, 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(b)(6) of the Federal Aviation Regulations (the “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(b)(6) 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.

2. User shall pay Operator for each flight conducted under this Agreement the actual expenses of each specific flight, including the actual expense of any “deadhead” flights made for User, as authorized by FAR Part 91.501(d). The expenses authorized by FAR Part 91.501(d) 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 Aircrafts’ base of operations.

 

 

(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.

In addition, User shall pay Operator for each such flight and “deadhead” flight the costs of engine maintenance, aircraft cleaning, and, if applicable, any contracted (temporary) flight crew, which cost shall not exceed 100% of the expenses listed in subparagraph (a) of this paragraph, as authorized by FAR 91.501(d).

3. User agrees to pay any federal transportation excise tax (“FET”) due on the fees set forth in paragraph 2 above. FET is currently imposed at a rate of 7.5% of the amount paid for taxable transportation, with an additional fee of $3.60 per passenger per segment. For certain international flights, the tax is instead imposed as a per passenger international facilities fee currently at the rate of $16.10 per passenger per arrival to or departure from the United States. In addition, there are special rules for flights to and from Alaska and Hawaii. The per passenger fees are periodically updated by the IRS. Operator shall include the appropriate FET amount on each invoice. Operator shall be responsible for collecting, reporting and remitting FET to the U.S. Internal Revenue Service.

4. Operator will pay all expenses related to the operation of the Aircraft when incurred. Operator will provide an invoice to User for the fees described herein within 30 days of the last flight of a particular trip. User shall pay Operator for said expenses within thirty (30) days of receipt of the invoice therefore.

5. 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. 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 Operator or Operator’s flight crew.

 

 

(a)

Proposed departure point;

 

 

(b)

Destination;

 

 

(c)

Date and time of flight;

 

 

(d)

The number and names of anticipated passengers;

 

 

(e)

Designation of each passenger’s trip purpose (personal or business);

 

 

(f)

The nature and extent of unusual 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 flig


 
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