Control of Aircraft Clause Samples

The "Control of Aircraft" clause establishes which party has authority over the operation and direction of an aircraft during the term of an agreement. Typically, this clause specifies whether the owner, operator, or lessee is responsible for decisions regarding flight paths, crew management, and compliance with aviation regulations. By clearly assigning operational control, the clause helps prevent disputes and ensures that legal and safety responsibilities are properly allocated between the parties involved.
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Control of Aircraft. During all Flight Periods, CFS shall have command and operational control over the Aircraft, all flight crews, and all servicing and loading of the Aircraft. For the purpose of this Lease, operational control includes, without limitation, exclusive control over: (a) all flight crews; (b) determinations whether any particular flight may be safely commenced or operated; (c) assignment of flight crew to particular flights; (d) initiation and termination of all flights; (e) directions to flight crews to conduct flights; and (f) dispatch or release of flights.
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Control of Aircraft. It is expressly agreed and understood by the parties that, for all flights for Lessee under this Agreement, Lessor shall have possession, command, and control of the Aircraft, and shall maintain and exercise operational control over the Aircraft, all pilots, all servicing and loading of the Aircraft, and all Maintenance performed on the Aircraft. For the purpose of this Agreement, operational control shall include, without limitation, exclusive control over: (a) all pilots; (b) determinations whether any particular flight may be safely operated; (c) initiation and termination of flights (d) directions to pilots to conduct flights; (e) dispatch or release of flights; (f) servicing the Aircraft; and (g) airworthiness and performance of maintenance.
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Control of Aircraft. The contractor shall maintain control over the aircraft listed in Appendix 3A to the extent necessary to assure the contractor's ability to meet its guarantee under CRAF. At any time during the contract period and upon demand of the CO, the contractor shall furnish evidence that demonstrates required control of the aircraft. The contractor shall not part with control of any aircraft accepted by AMC and listed in Appendix 3A unless the loss is beyond the control of the contractor (such as aircraft accident), or the CO, at his option, has agreed to the substitution of other acceptable aircraft and has accomplished such substitution by contract modification. If an accident results in the loss of an aircraft, and no substitute will be provided, the contractor shall notify the CO in writing within 24 hours and shall provide the information required in Appendix 3, paragraph 3. The parties agree that failure of the contractor to maintain control of any aircraft listed in Appendix 3A, unless loss of the control is beyond the control of the contractor (such as aircraft accident) or approved by the CO, will constitute failure to have a currently existing capability to perform services called for and will justify termination of this contract under the clause entitled "Federal Acquisition Regulation (FAR) 52.249-8, Default (Fixed-Price Supply and Service) Alternate I." In lieu of default, the Government may, at its option by unilateral contract modification, reduce its purchase of airlift services for passengers or cargo, or both, during the remaining period of the contract by an amount equal to the award share for the remaining period of the contract attributable, under the formula used to determine the original contract award entitlement, to the aircraft removed from the AMC contract creditable mobilization base and deleted from Appendix 3A.
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Control of Aircraft. During all flights under this Agreement, the Aircraft shall be within the possession, command, and control of Lessor, and all such flights shall be under the operational control (as that term is defined in Section 1.1 of the FAR) of Lessor.
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Control of Aircraft. Unless otherwise expressly permitted in this Agreement, it shall maintain de facto operational control of all Aircraft, (i) through crew employed by, or subject to the direct control of, the Obligor or (ii) through a Person that is partially owned by an Obligor or a joint venture in either of which the Obligor's participation is sufficient to enable it to provide, control or actively monitor the operation and maintenance of the Aircraft, except: (a) with the prior written consent of the Agent; (b) an Aircraft may be delivered to a manufacturer or to any other person for testing, overhaul, service, repair or maintenance work to be carried out upon it or for modification, alterations or changes permitted or required to be made by this Agreement to be carried out thereon; or (c) not more than 10% of the aggregate value of all Aircraft owned or leased by Obligors in the total fleet of the Obligors may be outside the operational control of an Obligor through "dry" leases.
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Control of Aircraft 
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Related to Control of Aircraft

  • Condition of Aircraft The Aircraft at the time of its return to Lessor shall have been maintained in accordance with the provisions of this Agreement with the same care and consideration for the technical condition of the Aircraft as if it were to have been kept in continued regular service by the Lessee, and shall meet the following requirements:

  • Aircraft This peril includes self-propelled missiles and spacecraft.

  • Control of Work 5.1 Control and Coordination of Work

  • Control of the Contract F1 Transfer and Sub-Contracting F1.1 Except where F1.4 and F1.5 applies, the Contractor shall not assign, sub-contract or in any other way dispose of the Contract or any part of it without prior Approval. Sub-contracting any part of the Contract shall not relieve the Contractor of any of its obligations or duties under the Contract. F1.2 The Contractor shall be responsible for the acts and omissions of its Sub-contractors as though they are its own. F1.3 Where the Authority has consented to the placing of sub-contracts, copies of each sub-contract shall, at the request of the Authority, be sent by the Contractor to the Authority as soon as reasonably practicable. F1.4 Notwithstanding clause F1.1, the Contractor may assign to a third party (“the Assignee”) the right to receive payment of the Contract Price or any part thereof due to the Contractor under this Contract (including any interest which the Authority incurs under clause C2.

  • 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).