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Document Preview Aircraft Hourly Rental Agreement [Amended and Restated] |
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Title: |
Aircraft Hourly Rental Agreement [Amended and Restated] |
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Entities: |
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Date: |
2003 |
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Size: |
Preview shows 7KB of 33KB total |
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Price: |
$37 |
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ID: |
#314116 |
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AMENDED AND RESTATED
AIRCRAFT HOURLY RENTAL AGREEMENT
THIS AGREEMENT made as of the 28th day of March, 2003 (the "Agreement") by
and between Tomco II, LLC, a Tennessee Limited Liability Company ("Owner"), and
HCA Management Services, L.P., a Delaware Partnership ("Operator").
RECITALS
1. The parties entered into a certain Aircraft Hourly Rental Agreement,
dated as of September 30, 2002, pursuant to which Owner agreed to rent
to Operator from time-to-time the certain aircraft, as specifically
identified therein.
2. Owner has purchased a new aircraft of the same make and model and the
parties wish to amend and restate the Agreement as provided herein.
AGREEMENT
1. Rental of the Aircraft
Owner hereby agrees to rent to Operator from time-to-time a certain
aircraft, as identified on Exhibit A, (the "Aircraft"), which is owned
and registered at the FAA aircraft registry in the name of Owner. The
parties understand that the Aircraft will be available to Operator for
its operation and use hereunder for a series of rental periods that are
estimated to not exceed 100 hours in the aggregate during any annual
period during the Term. Owner retains the right to rent the aircraft to
any other operator. The Aircraft is being rented by Operator for the
purpose of transporting Operator's directors, officers, employees and
guests or the directors, officers, employees and guests of Operator's
subsidiaries in furtherance of its primary, non-transportation business.
2. Term
The term of this Agreement ("Term") shall commence on the date hereof,
and shall continue for a period of ten (10) years, unless either party
terminates this Agreement pursuant to Section 17 of this Agreement.
3. Delivery of Aircraft
The Aircraft shall be delivered to Operator at the location indicated on
Exhibit A, or such other location upon which the parties may agree. Each
date on which Owner delivers possession of the Aircraft to Operator is
referred to in this Agreement as a "Delivery Date." Each rental period
shall commence with delivery and conclude with return of the Aircraft to
Owner. If requested by Owner, Operator shall execute a Delivery and
Acceptance Certificate in the form attached to this Agreement each time
Operator accepts delivery of the Aircraft.
{PAGE}
4. Rental Period
The "Rental Period" shall consist of time commencing with delivery of
possession of the Aircraft to Operator until Operator returns the
Aircraft to Owner. The Aircraft shall be available to Operator at all
times other than when it is (a) previously scheduled by Owner or any
other operator or (b) otherwise unavailable, such as due to maintenance.
5. Rent
Operator shall pay Owner the base rent as indicated on Exhibit A for use
of the Aircraft. The sum of the base rent and all other charges,
payments, and indemnities due to Owner by Operator hereunder are
hereinafter referred to as "Aggregate Rentals." After each use of the
Aircraft by Operator, Owner shall invoice Operator for rent based on the
number of hours flown by Operator. Operator shall pay the invoiced
amount within thirty (30) days after the invoice is sent. The hourly
charges shall be calculated based on the time from takeoff to landing at
destination of each leg of the trip as reflected on the Hobbs Meter.
Operator shall maintain accurate Aircraft and engine logs for the
Aircraft and make them available for examination by Owner. The base rate
on Exhibit A will be agreed to annually by the parties on the
anniversary of the execution date of this agreement. If no agreement is
reached, the rate used in the previous year will continue until such
time the parties agree to a change in that rate.
6. Certain Covenants of Operator. Operator agrees as follows:
a. Furnishing of Information
Operator shall furnish from time to time to Owner such
information regarding Operator's use, operation, or maintenance
of the Aircraft as Owner may reasonably request.
b. Lawful Use
The Aircraft shall not be used, operated or stored by Operator
in violation of any law or any rule, regulation, or order of any
government or governmental authority having jurisdiction
(domestic or foreign), or in violation of any airworthiness
certificate, license, or registration relating to the Aircraft
or its use, or in violation or breach of any representation or
warranty made with respect to obtaining insurance on the
Aircraft or any term or condition of such insurance policy.
Aircraft operations shall be limited to operations allowed under
Part 91 of Title 14 of the Code of Federal Regulations.
c. Aircraft Location
The Aircraft shall not be operated or located by Operator in (i)
any area excluded from coverage by the terms of insurance
covering the Aircraft, or (ii) any
-2-
{PAGE}
recognized or threatened area of hostilities, unless fully
covered to Owner's satisfaction by war risk insurance.
d. Base of the Aircraft
The Aircraft shall be principally based as indicated on Exhibit
A unless otherwise approved by Owner.
e. Aircraft Operation
Operator will be in operational control of the Aircraft at all
times during each Rental Period. During each Rental Period,
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