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TIME SHARING AGREEMENT

Equipment Lease Agreement

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This Equipment Lease Agreement involves

CRANE CO

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Title: TIME SHARING AGREEMENT
Governing Law: Delaware     Date: 3/8/2005
Industry: FABPRD    

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Time Sharing Agreement

Exhibit 10.2

 

TIME SHARING AGREEMENT

 

This Agreement is made, effective as of January 1, 2004 by and between Crane Co., a corporation incorporated under the laws of the State of Delaware, with principal offices at 100 First Stamford Place, Stamford, Connecticut (“Lessor”), and Eric. C. Fast, an individual, with his residence at Rye, New York (“Lessee”);

 

RECITALS

 

WHEREAS, Lessor is the owner of that certain civil Aircraft bearing the United States Registration Number N300CR and Manufacturer’s Serial Number 5092, and of the type Canadair Challenger 601-3A-HB (“Aircraft”);

 

WHEREAS, Lessor employs a fully qualified flight crew to operate the Aircraft; and

 

WHEREAS, Lessor and Lessee desire to lease said Aircraft and flight crew on a time sharing basis as defined in Section 91.501 (c) (1) of the Federal Aviation Regulations (“FARs”).

 

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 pursuant to this Agreement. This Agreement shall commence on the date that it is signed and continue for one (1) 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, delivered personally or by certified mail, return receipt requested, at the address for said other party as set forth above.

 

2. Lessee shall pay Lessor for each flight conducted under this Agreement an amount equal to the lesser of: (a) the amount calculated under Treas. Reg. §1.61-21(g), employing the SIFL rates; or (b) the sum of the following actual expenses of each specific flight as authorized by FAR Part 91.501 (d):

 

 

(i)

Fuel, oil, lubricants, and other additives;

 

 

(ii)

Travel expenses of the crew, including food, lodging and ground transportation;

 

 

(iii)

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

 

 

(iv)

Insurance obtained for the specific flight;

 

 

(v)

Landing fees, airport taxes and similar assessments including, but not limited to IRC Section 4261 and related excise taxes;

 

 

(vi)

Customs, foreign permit, and similar fees directly related to the flight;

 

 

(vii)

In-flight food and beverages;

 

 

(viii)

Passenger ground transportation;

 

 

(ix)

Flight planning and weather contract services; and

 

 

(x)

An additional charge equal to 100% of the expenses listed in subparagraph (i) of this paragraph.

 

3. Lessor will pay all expenses related to the operation of the Aircraft when incurred, and will provide an invoice and bill Lessee 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 Lessee occur. Lessee shall pay Lessor for said expenses within fifteen days of receipt of the invoice and bill therefore.

 


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 forty-eight 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. In addition to the proposed schedules and flight times Lessee shall provide at least the following information for each proposed flight at some time prior to scheduled departure as required by the Lessor or Lessor’s flight crew:

 

 

(a)

proposed departure point;

 

 

(b)

destination;

 

 

(c)

date and time of flight;

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