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Aircraft Hourly Rental Agreement

 

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Title:

Aircraft Hourly Rental Agreement

Entities:

HCA Inc.

Date:

2002

Size:

Preview shows 7KB of 33KB total

Price:

$36

ID:

#314128

 

 

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                        AIRCRAFT HOURLY RENTAL AGREEMENT


THIS AGREEMENT made as of the 30th day of September, 2002, ("Agreement") by and
between Tomco II, LLC, a Tennessee Limited Liability Company ("Owner"), and HCA
Management Services, L.P., a Delaware Partnership ("Operator").

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.

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.


{PAGE}

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 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.



-2-
{PAGE}

e. Aircraft Operation

Operator will be in operational control of the Aircraft at all
times during each Rental Period. During each Rental Period,
Operator shall be solely responsible for its possession, use,
and operation of the Aircraft.

f. Aircraft Operation Expenses

During each Rental Period, Operator shall bear the following
operating costs: the cost of fuel, crew costs, expenses, and
employee benefits; landing, handling, and custom fees and
related charges; and all fines, fees, or penalties arising

 

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