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TIME SHARING AGREEMENT

Aircraft Lease Agreement

TIME SHARING AGREEMENT | Document Parties: CABLEVISION SYSTEMS CORP /NY | Cablevision Systems Corporation | CSC HOLDINGS, INC | DOLAN FAMILY OFFICE, LLC You are currently viewing:
This Aircraft Lease Agreement involves

CABLEVISION SYSTEMS CORP /NY | Cablevision Systems Corporation | CSC HOLDINGS, INC | DOLAN FAMILY OFFICE, LLC

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Title: TIME SHARING AGREEMENT
Governing Law: New York     Date: 7/15/2009

TIME SHARING AGREEMENT, Parties: cablevision systems corp /ny , cablevision systems corporation , csc holdings  inc , dolan family office  llc
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TIME SHARING AGREEMENT

THIS TIME SHARING AGREEMENT is entered into effective as of the 10th day of July, 2009, by and between DOLAN FAMILY OFFICE, LLC a New York limited liability company with an address at 340 Crossways Drive, Woodbury, New York 11771 (“Lessor”), and CSC HOLDINGS, INC., a Delaware corporation with an address at 1111 Stewart Avenue, Bethpage, New York 11714 (“Lessee”).

W I T N E S S E T H:

WHEREAS, Lessor is a sublessee and an operator of a Gulfstream Aerospace GIV-SP aircraft, manufacturer’s serial number 1313, United States registration N100DF (the “Aircraft”); and

WHEREAS, Lessor employs or engages a fully-qualified and credentialed flight crew to operate the Aircraft; and

WHEREAS, Lessor has agreed to lease the Aircraft, with flight crew, to Lessee on a “time sharing” basis as defined in Section 91.501(c)(l) of the Federal Aviation Regulations (“FAR”) upon the terms and subject to the conditions set forth herein;

NOW, THEREFORE, in consideration of the foregoing premises, and the covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Lessor and Lessee, intending to be legally bound, hereby agree as follows:

1.      Lease of Aircraft . Lessor agrees to lease the Aircraft to Lessee pursuant to the provisions of FAR Section 91.501(b)(6) and Section 91.501(c)(1) and this Agreement, and to provide a fully-qualified and credentialed flight crew for all flights to be conducted hereunder during the Term (as defined in Section 13) hereof. The parties acknowledge and agree that this Agreement did not result in any way from any direct or indirect advertising, holding out or soliciting on the part of Lessor or any person purportedly acting on behalf of Lessor. Lessor and Lessee intend that the lease of the Aircraft effected by this Agreement shall be treated as a “wet lease” pursuant to which Lessor provides transportation services to Lessee in accordance with FAR Section 91.501(b)(6) and Section 91.501(c)(1).

2.      Payment for Use of Aircraft . Lessee shall pay Lessor the following actual expenses of each flight conducted under this Agreement, not to exceed the maximum amount legally payable for such flight under FAR Section 91.501(d)(1)-(10):

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(a)

fuel, oil, lubricants and other additives;

 

 

 

 

(b)

travel expenses of crew, including food, lodging and ground transportation;

 

 

 

 

(c)

hangar and tie-down costs away from the Aircraft’s base of operation;

 

 

 

 

(d)

additional insurance obtained for the specific flight at the request of Lessee;

 

 

 

 

(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

 

 

 

 

(i)

an additional charge equal to 100% of the expenses listed in Section 2(a).

3.      Operational Control of Aircraft . Lessor and Lessee intend and agree that on all flights conducted under this Agreement, Lessor shall have complete and exclusive operational control over the Aircraft, its flight crews and maintenance, and complete and exclusive possession, command and control of the Aircraft. Lessor shall have complete and exclusive responsibility for scheduling, dispatching and flight following of the Aircraft on all flights conducted under this Agreement, which responsibility includes the sole and exclusive right over initiating, conducting and terminating such flights. Lessee shall have no responsibility for scheduling, dispatching or flight following on any flight conducted under this Agreement, nor any right over initiating, conducting or terminating any such flight. Nothing in this Agreement is intended or shall be construed so as to convey to Lessee any operational control over, or possession, command and control of, the Aircraft, all of which are expressly retained by Lessor.

4.       Scheduling .

(a)     Lessee will provide Lessor with requests for flight time and proposed flight schedules as far in advance of any given flight as possible. The designated authorized representative(s) of Lessee shall submit scheduling requests under this Agreement to the designated authorized representative(s) of Lessor. Requests for flight time shall be in such form (whether oral or written) mutually convenient to, and agreed upon by, the parties. In addition to proposed schedules and flight times, Lessee shall upon request provide Lessor with the following information for each proposed flight prior to scheduled departure: (i) proposed departure point;

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(ii) destination; (iii) date and time of flight; (iv) the number of anticipated passengers; (v) the nature and extent of luggage to be carried; (vi) the date and time of a return flight, if any; and (vii) any other pertinent information concerning the proposed flight that Lessor or the flight crew may request.

(b)     Subject to Aircraft and crew availability, Lessor shall use its good faith efforts, consistent with Lessor’s approved policies, in order to accommodate the needs of Lessee, to avoid conflicts in scheduling, and to enable Lessee to enjoy the benefits of this Agreement; however, Lessee acknowledges and agrees that notwithstanding anything in this Agreement to the contrary, (i) Lessor shall have sole and exclusive final authority over the scheduling of the Aircraft; and (ii) the needs of Lessor for the Aircraft shall take precedence over Lessee’s rights and Lessor’s obligations under this Agreement.

(c)     Although every good faith effort shall be made to avoid its occurrence, any flight scheduled under this Agreement is subject to cancellation by either party without incurring liability to the other party. In the event that cancellation is necessary, the canceling party shall provide the maximum notice practicable.

5.      Billing . Lessor shall pay all expenses relating to the operation of the Aircraft under this Agreement on a monthly basis. As soon as possible after the end of each monthly period during the Term, Lessor shall provide to Lessee an invoice showing all use of the Aircraft by Lessee under this Agreement during that month and a complete accounting detailing all amounts payable by Lessee pursuant to Section 2 for that month, including such detail supporting all expenses paid or incurred by Lessor for which reimbursement is sought as Lessee may reasonably request. Lessee shall pay all amounts due to Lessor under this Section 5 not later than 30 days after receipt of the invoice therefore.

6.      Maintenance of Aircraft . Lessor shall be solely responsible for securing maintenance, preventive maintenance and inspections of the Aircraft (utilizing an inspection program listed in FAR Section 91.409(f)), and shall take such requirements into account in scheduling the Aircraft hereunder.

7.      Flight Crew .

(a)     Lessor shall employ or engage and pay all salaries, benefits and and/or compensation for a fully-qualified flight crew with appropriate credentials to conduct each flight undertaken under this Agreement. Lessor may use temporary flight crewmembers for a flight under this Agreement only if any such temporary crewmember is FlightSafety (or SimuFlite) trained, is current on the Aircraft and satisfies all of the requirements and conditions under the insurance coverage for the Aircraft. All flight crewmembers shall be included on any insurance policies that Lessor is required to maintain hereunder.

(b)     The qualified flight crew provided by Lessor shall exercise all of its duties and responsibilities with regard to the safety of each flight conducted hereunder in accordance with applicable FAR’s. The Aircraft shall be operated under the standards and policies established by Lessor. Final authority to initiate or terminate each flight, and otherwise to decide

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all matters relating to the safety of any given flight or requested flight, shall rest with the pilot-incommand of that flight. The flight crew may, in its sole discretion, terminate any flight, refuse to commence any flig


 
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