{"id":42066,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/aircraft-time-share-agreement-level-3-communications-llc.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"aircraft-time-share-agreement-level-3-communications-llc","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/operations\/aircraft-time-share-agreement-level-3-communications-llc.html","title":{"rendered":"Aircraft Time-Share Agreement &#8211; Level 3 Communications LLC"},"content":{"rendered":"<pre>                      FORM OF AIRCRAFT TIME-SHARE AGREEMENT\n\n     THIS   AIRCRAFT   TIME  SHARE   AGREEMENT   is  made  and   entered  as  of\n__________________,  2001,  between  LEVEL 3  COMMUNICATIONS,  LLC,  a  Delaware\nlimited liability company (\"Operator\"),  with offices at 1025 Eldorado Boulevard\nBroomfield,  Colorado, 80021 and  ___________________________  (\"User\"), with an\naddress of ________________________________________________________.\n\n     PRELIMINARY  STATEMENT.  Operator  agrees to provide  aircraft to User on a\ntime  sharing  basis  under  Federal   Aviation   Regulation   (\"FAR\")  sections\n91.501(b)(6)  and (c)(1) (the  \"Aircraft\") and User agrees to pay for such usage\nupon the terms herein.  The Aircraft  presently  owned or leased by Operator and\navailable for User's use are listed on the attached  Schedule A. This  Agreement\ndoes not prohibit Operator, in its discretion, from increasing or decreasing the\nnumber or type of Aircraft subject to this Agreement.\n\n     NOW,  THEREFORE,  in consideration of the promises,  and for other good and\nvaluable  consideration,  the  receipt  and  sufficiency  of  which  are  hereby\nacknowledged, Operator and User agree as follows:\n\n1. Consideration. Operator shall incur and pay all costs and expenses associated\nwith  operation of the  Aircraft,  including  all fuel,  oil and other  supplies\nnecessary for Aircraft use and maintenance, all airport charges, landing and tie\ndown fees,  and all pilots' living  expenses,  food and  transportation  when an\nAircraft is required  by User to be away from its home base of  operation.  User\nshall  reimburse  Operator  for the costs of fuel and pilot  expenses at a fixed\nrate  determined  by Operator to be  reasonably  allocable  to User's use of the\nAircraft  pursuant hereto.  However,  such share of allocable costs shall not in\nany event exceed the costs  permitted to be charged by Operator to User pursuant\nto Section  91.501(d) of the Federal Aviation  Regulations,  or any successor or\nreplacement regulations. Operator will invoice User for expenses as incurred and\npermissible  under FAR SEC.  91.501 which will be due upon  receipt.  Payment of\nreimbursement  shall be made in full to  Operator  at 1025  Eldorado  Boulevard,\nBroomfield, Colorado, 80021, or as otherwise agreed by the parties.\n\n2. Taxes.  The amounts paid by User under  Section  91.501(d)  for  Time-Sharing\nagreements  are subject to a Federal  Excise tax as imposed  under  I.R.C.  SEC.\n4261. It is the  responsibility  of Operator to collect and remit the tax on the\namounts paid. The Operator is responsible  for the collection and payment of all\nother State or Federal taxes that may arise under this agreement.\n\n3.  Operational  Control.  Operator  shall at all  times  during  the use of the\nAircraft by the User be responsible for and retain full and complete operational\ncontrol of the Aircraft.  Operator is  responsible  for providing the crew,  the\nphysical and technical  operation of the Aircraft,  and the safe  performance of\nall  \n\n\nflights. Operator will furnish two experienced and competent pilots satisfactory\nto the User on all  occasions  when any Aircraft is in use. Such pilots shall be\nunder the  direction  and control of  Operator at all times.  One of such pilots\nshall be the captain of the Aircraft and at all times shall have full control of\nits  operations,  and the  judgment of such pilot as to the  suitability  of the\nweather,  terrain,  mechanical  condition  or capacity of the Aircraft and other\nsimilar  decisions  shall be  conclusive.  The  Aircraft  shall be  operated  in\ncompliance with the Operator's current aircraft operating manual.\n\n4.  Aircraft  Use.  Operator and User agree to use the Aircraft  covered by this\nAgreement in accordance  with the time-share  provisions  contained in 91.501 of\nthe Federal Aviation  Regulations,  as well as any other applicable  portions of\nFAR Part 91.\n\n5. Maintenance.  Operator, at its own cost and expense, will service,  maintain,\nand repair the  Aircraft in  compliance  will all  maintenance  standards of the\nAircraft  and all  requirements  of FAR  Part 91.  Operator  will  also  provide\nsuitable  hangar and storage  facilities  for the  Aircraft at its own  expense.\nAircraft  maintenance and inspection takes  precedence over Aircraft  scheduling\nunless such maintenance or inspections can be safely deferred in accordance with\napplicable laws and regulations and within the sound discretion of the captain.\n\n6. Insurance. Operator, at its own expense, shall cause to be kept in full force\nand effect with regard to its Aircraft,  liability  insurance  upon the Aircraft\nwith limits for bodily injury and for property damage, which are satisfactory to\nthe User.\n\n7.  Indemnification.  Operator  agrees to indemnify,  defend,  and hold the User\nharmless  from any  claims,  suits,  liabilities,  losses,  costs or expense for\ninjury to persons, or damage to property in any way arising out of the operation\nof the Aircraft.\n \n8. Term.  This  agreement  shall be effective  as of  ___________,  2001,  shall\ncontinue  in  full  force  and  effect  for a term of one  year,  and  shall  be\nautomatically  renewed for continuous periods of one year without  re-execution.\nAny  party  may  terminate  this  Agreement  at any time for any or no reason by\ngiving  thirty  (30)  days'  prior  written  notice  to the  other  party of its\nintention to terminate.  This Agreement  supersedes any prior agreements between\nthe parties relating to Aircraft operations and use.\n\n9.  Assignment.  No party shall have the right to assign its  interest or rights\nhereunder,  in whole or part,  without  the prior  written  consent of the other\nparty,  except  that  the  Operator  may  assign  its  interest  hereunder  to a\nwholly-owned affiliate without the consent of the User.\n\n\n10. Notice.  Any  statement,  consent,  or notice  required or permitted by this\nAgreement shall be given by mail to the party concerned at the addresses  listed\nabove  except that notice with  respect to the  operation or use of the Aircraft\nmay be given by telephone.\n\n11.  Warranties.  User  warrants to Operator that during the use of the Aircraft\nsaid Aircraft shall not be used or employed, except as authorized by the Federal\nAviation Regulations.  Operator warrants that each of the Aircraft listed herein\nhave been maintained under Part 91 of the Federal  Aviation  Regulations for the\ntwelve (12) month period immediately preceding the date of this Agreement.\n\n12. No Carriage  For  Compensation  or Hire.  It is  understood  and agreed that\nOperator and User shall neither sell seats to passengers or space for cargo, nor\nin any manner  otherwise use any of the Aircraft  listed herein for the carriage\nof goods or  passengers  for  compensation  or hire,  and that the  Aircraft  is\noperated  within the  applicable  rules of  Subpart D of Part 91 of the  Federal\nAviation Regulations during the operation of this agreement.\n\n13. Counterparts.  This Agreement may be executed in counterparts,  all of which\nwhen executed shall constitute an original.\n\n14. Truth-In-Leasing Statement Under FAR 91.23.\n\n     AN EXECUTED COPY OF THIS AGREEMENT  WILL BE MAILED TO THE FEDERAL  AVIATION\nADMINISTRATION,  FLIGHT STATNDARDS  TECHNICAL  DIVISION,  POST OFFICE BOX 25724,\nOKLAHOMA CITY, OKLAMHOMA 73125, WITHIN 24 HOURS OF THE TIME OF EXECUTION HEREOF.\n\n     THE  AIRCRAFT  LISTED  AND  REFERENCED  HEREIN  HAVE  BEEN  MAINTAINED  AND\nINSPECTED  UNDER FAR PART 91 FOR THE 12 MONTH PERIOD  PRECEDING THE DATE HEREOF.\nSAID  AIRCRAFT WILL BE  MAINTAINED  AND  INSPECTED  UNDER PART 91 OF THE FEDERAL\nAVIATION  REGULATIONS FOR OPERATIONS TO BE CONDUCTED UNDER THIS AGREEMENT DURING\nTHE DURATION OF THIS AGREEMENT.\n\n     OPERATOR,  LOCATED AT THE ABOVE  LISTED  ADDRESS,  IS  CONSIDERED  TO BE IN\nOPERATIONAL  CONTROL OF THE AIRCRAFT AND  UNDERSTANDS  AND IS FAMILIAR  WITH ITS\nRESPONSIBILITIES  WITH REGARD TO THE  OPERATION  OF AIRCRAFT  UNDER THE FERDERAL\nAVIATION REGULATIONS.\n\n\n     A COPY OF THIS AGREEMENT SHALL BE CARRIED ON EACH AIRCRAFT AT ALL TIMES AND\nSHALL BE MADE  AVAILABLE  FOR REVIEW UPON  REQUEST BY THE  ADMINISTRATOR  OR HIS\nREPRESENTATIVE.\n\n     AN  EXPLANATION  OF THE  FACTORS  BEARING ON  OPERATIONAL  CONTROL  AND THE\nPERTINENT  FEDERAL  AVIATION  REGULATIONS  CAN BE OBTAINED  FROM THE NEAREST FAA\nFLIGHT STANDARDS DISTRICT OFFICE.\n\n     OPERATOR CERTIFIES THAT IT UNDERSTANDS THE OPERATOR'S  RESPONSIBILITIES FOR\nCOMPLIANCE WITH APPLICABLE FEDERAL AVIATION REGULATIONS.\n\n     IN WITNESS  WHEREOF,  the parties  hereto have cause this  Agreement  to be\nexecuted on their  behalf by their duly  authorized  representatives,  as of the\ndate first above written.\n\nOperator: \n\nLEVEL 3 COMMUNICATIONS, LLC                User:\n\nBy:_____________________________            ______________________\n\nName:___________________________            ______________________\n\nTitle:____________________________\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n                                   SCHEDULE A\n\n\n\n \n                  Aircraft                                  FAA Registration No.\n\n                  Dassault Falcon Model 50                  N78LT\n\n                  Dassault Falcon Model 50                  N56LT\n\n                  Dassault Falcon Model 900                 N349K\n\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[8048],"corporate_contracts_industries":[9519],"corporate_contracts_types":[9613,9620],"class_list":["post-42066","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-level-3-communications-inc","corporate_contracts_industries-telecommunications__telephone","corporate_contracts_types-operations","corporate_contracts_types-operations__services"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/42066","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=42066"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=42066"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=42066"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=42066"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}