Interpretations and Resolution of Conflicts between FAA and EASA Sample Clauses

The "Interpretations and Resolution of Conflicts between FAA and EASA" clause defines how discrepancies or conflicts between the regulations or requirements of the Federal Aviation Administration (FAA) and the European Union Aviation Safety Agency (EASA) are to be addressed within the agreement. Typically, this clause outlines a process for identifying conflicting provisions, determining which standard prevails, or establishing a method for mutual resolution, such as consultation or prioritization of one authority’s rules in specific contexts. Its core function is to provide a clear mechanism for resolving regulatory inconsistencies, thereby ensuring compliance and operational certainty for parties subject to both FAA and EASA oversight.
Interpretations and Resolution of Conflicts between FAA and EASA. (a) In the case of conflicting interpretations by FAA and EASA of the laws, airworthiness or environmental regulations/standards, requirements, or acceptable means of compliance pertaining to certifications, approvals, or acceptance under these Implementation Procedures, the interpretation of the Technical Agent whose law, regulation/standard, requirement, or acceptable means of compliance is being interpreted shall prevail. (b) The FAA and EASA agree to resolve issues through consultation or any other mutually agreed-upon means. Every effort should be made to resolve issues at the lowest possible level before elevating the issue to higher management. (c) To resolve conflicts the FAA and EASA shall use the following processes.
Interpretations and Resolution of Conflicts between FAA and EASA. (a) In the case of conflicting interpretations by FAA and EASA of the laws, airworthiness or environmental regulations/standards, requirements, or acceptable means of compliance pertaining to certifications, approvals, or acceptance under these Implementation Procedures, the interpretation of the Technical Agent whose law, regulation/standard, requirement, or acceptable means of compliance is being interpreted shall prevail. (b) The FAA and EASA agree to resolve issues through consultation or any other mutually agreed-upon means. Every effort should be made to resolve issues at the lowest possible level before elevating the issue to higher management. (c) To resolve conflicts the FAA and EASA shall use the following processes. (1) For the FAA, when a project manager (PM) and project certification manager (PCM) cannot agree, the first certification decision point is the local office manager, who shall consult with the EASA Certification Manager. (1) For EASA, when a PCM and PM cannot agree, the first certification decision point is the EASA Certification Manager, who shall consult with the local FAA office manager. (2) If resolution cannot be reached, the issue shall be expeditiously raised to the Directorate Manager (or Division Manager where applicable), who shall consult with the EASA Head of Products or Head of Organisations, as applicable. (2) If resolution cannot be reached, the issue shall be expeditiously raised to the EASA Head of Products, or Head of Organisations where applicable, who shall consult with the FAA Directorate/Division Manager. (3) If resolution cannot be reached, the Directorate/Division Manager shall consult with the Aircraft Certification Service Director as appropriate.

Related to Interpretations and Resolution of Conflicts between FAA and EASA

  • Interpretation and Rules of Construction In this Agreement, except to the extent otherwise provided or that the context otherwise requires: (a) when a reference is made in this Agreement to an Article, Section, Exhibit or Schedule, such reference is to an Article or Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated; (b) the table of contents and headings for this Agreement are for reference purposes only and do not affect in any way the meaning or interpretation of this Agreement; (c) whenever the words “include,” “includes” or “including” are used in this Agreement, they are deemed to be followed by the words “without limitation”; (d) the words “hereof,” “herein” and “hereunder” and words of similar import, when used in this Agreement, refer to this Agreement as a whole and not to any particular provision of this Agreement; (e) all terms defined in this Agreement have the defined meanings when used in any certificate or other document made or delivered pursuant hereto, unless otherwise defined therein; (f) the definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms; (g) references to a Person are also to its successors and permitted assigns; and (h) the use of “or” is not intended to be exclusive unless expressly indicated otherwise.

  • Definitions and Principles of Interpretation The following definitions in clause 1.1 shall be replaced as follows:

  • Governing Law; Interpretation This Agreement shall be interpreted and enforced under the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles. In the event of any dispute, this Agreement is intended by the parties to be construed as a whole, to be interpreted in accordance with its fair meaning, and not to be construed strictly for or against either you or the Company or the “drafter” of all or any portion of this Agreement.

  • Principles of Interpretation and Definitions (1) The singular includes the plural and the plural the singular. The pronouns “it” and “its” include the masculine and feminine. References to statutes or regulations include all statutory or regulatory provisions consolidating, amending, or replacing the statute or regulation. References to contracts and agreements shall be deemed to include all amendments to them. The words “include,” “including,” etc. mean include, including, etc. without limitation. (2) References to a “Section” or “section” shall mean a section of this contract. (3) “Contract” and “Agreement,” whether or not capitalized, refer to this instrument. (4) “Duties” includes obligations.

  • Definitions and Rules of Interpretation In this Contract, the following terms, whether capitalized or not, shall have the meanings set forth below, unless it is clear in the Contract that the context requires otherwise. In addition, the rules of interpretation set forth below shall apply.