Attached files
file | filename |
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EX-2.1 - EX-2.1 - Liberty Broadband Corp | lbrd-20141104ex2126e7f26.htm |
EX-99.1 - EX-99.1 - Liberty Broadband Corp | lbrd-20141104ex991ae75aa.htm |
EX-3.2 - EX-3.2 - Liberty Broadband Corp | lbrd-20141104ex324905276.htm |
EX-10.2 - EX-10.2 - Liberty Broadband Corp | lbrd-20141104ex102c62f3e.htm |
EX-3.1 - EX-3.1 - Liberty Broadband Corp | lbrd-20141104ex31c67b527.htm |
EX-10.1 - EX-10.1 - Liberty Broadband Corp | lbrd-20141104ex101feafbf.htm |
EX-10.4 - EX-10.4 - Liberty Broadband Corp | lbrd-20141104ex104484fcf.htm |
EX-10.3 - EX-10.3 - Liberty Broadband Corp | lbrd-20141104ex1035dca79.htm |
8-K - 8-K - Liberty Broadband Corp | lbrd-20141104x8k.htm |
NETJETS GLOBAL 6000
N160QS
AIRCRAFT TIME SHARING AGREEMENT
This Aircraft Time Sharing Agreement (“Agreement”) is effective as of the 4th day of November, 2014 (“Effective Date”), by and among Liberty Citation, Inc., with an address of 12300 Liberty Boulevard, Englewood, Colorado 80112 (“Owner”), Liberty Denver Arena, LLC, with an address of 12300 Liberty Boulevard, Englewood, Colorado 80112 (the “Sublessor”), and Liberty Broadband Corporation, with an address of 12300 Liberty Boulevard, Englewood, Colorado 80112 (“Lessee”).
WHEREAS, Owner is the owner of an undivided 18.75% interest in that certain 2012 Bombardier Inc. BD-700-1A10 (Global 6000) aircraft, bearing manufacturer’s serial number 9475 (the “Aircraft”), currently registered with the Federal Aviation Administration (“FAA”) as N160QS;
WHEREAS, Owner has dry leased the Aircraft to Sublessor pursuant to an Aircraft Dry Lease dated November 29, 2012 (the “Dry Lease”); and
WHEREAS, Owner is a party to a NetJets Fractional Program Agreement dated November 29, 2012 (the “Program Agreement”), with NetJets Sales, Inc. (“Sales”), NetJets Aviation, Inc. (“NJA”) and NetJets Services, Inc. (“NJS,” and collectively with NJA and Sales, “NetJets”);
WHEREAS, Owner has assigned Exhibit B (the “Management Terms”) and Exhibit C (the “Exchange Terms”) of the Program Agreement to Sublessor (with the consent of NetJets); and
WHEREAS, Sublessor has signed an “Acknowledgement of Fractional Owner Lessee’s Operational Control Responsibilities” with NetJets and exercises operational control over the Aircraft when Sublessor is operating the Aircraft in accordance with 14 C.F.R. Sections (“FAR”) 91.1003 through 91.1013; and
WHEREAS, pursuant to the Management Terms, the Sublessor (as assignee of Owner) has contracted with NJA to manage the use, maintenance and other matters pertaining to the operation of the Aircraft, including providing a fully qualified flight crew to operate the Aircraft; and
WHEREAS, pursuant to the Exchange Terms, the Sublessor (as assignee of Owner) has contracted with NJS with respect to matters related to the joint ownership and operation of the Aircraft and the inclusion of the Aircraft in the aircraft exchange program operated by NetJets, and the term “Aircraft,” when used in this Agreement, shall include the Aircraft and any other
aircraft made available by NetJets to Sublessor (through the Dry Lease with Owner) under the Management Terms and the Exchange Terms; and
WHEREAS, Sublessor desires to lease the Aircraft, including the flight crew provided to Sublessor pursuant to the Management Terms, to Lessee on a time sharing basis as defined in Section 91.501(c)(1) of the FAR; and
WHEREAS, the use of the Aircraft by Lessee shall at all times be pursuant to and in full compliance with the requirements of FAR Sections 91.501(b)(6), 91.501(c)(1) and 91.501(d).
NOW, THEREFORE, in consideration of the mutual promises and considerations contained in this Agreement, the parties agree as follows:
(a) |
Fuel, oil, lubricants, and other additives; |
(b) |
Travel expenses of the crew, including food, lodging and ground transportation; |
(c) |
Hangar and tie down costs away from the Aircraft's base of operation; |
(d) |
Insurance obtained for the specific flight; |
(e) |
Landing fees, airport taxes and similar assessments; |
(f) |
Customs, foreign permit, and similar fees directly related to the flight; |
(g) |
In-flight food and beverages; |
(h) |
Passenger ground transportation; |
(i) |
Flight planning and weather contract services; and |
(j) |
An additional charge equal to 100% of the expenses listed in subparagraph (a) of this paragraph. |
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4. Lessee will provide Sublessor with requests for flight time and proposed flight schedules as far in advance of any given flight as possible, and in any case, at least 24 hours in advance of Lessee’s planned departure unless Sublessor agrees otherwise. Requests for flight time shall be in a form, whether written or oral, mutually convenient to, and agreed upon by the parties. In addition to the proposed schedules and flight times, Lessee shall provide at least the following information for each proposed flight at some time prior to scheduled departure as required by the Sublessor or the flight crew: |
(h) |
any other information concerning the proposed flight that may be pertinent or required by the Sublessor or the flight crew. |
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(b)THE PROVISIONS OF THIS SECTION 9 SHALL SURVIVE INDEFINITELY THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
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(d) It will not use the Aircraft in any manner that would result in a violation of any of the requirements of the Management Terms or the Exchange Terms, as the same may be amended and in effect from time-to-time, to the extent notified of such requirements from time-to-time. |
15. This Agreement is entered into under, and is to be construed in accordance with, the laws of the State of Colorado, without reference to conflicts of laws. |
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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THE AIRCRAFT, A 2012 BOMBARDIER BD-700-1A10 (GLOBAL 6000), MANUFACTURER’S SERIAL NO. 9475, CURRENTLY REGISTERED WITH THE FEDERAL AVIATION ADMINISTRATION AS N160QS, EITHER HAS BEEN DELIVERED FROM ITS MANUFACTURER OR HAS BEEN MAINTAINED AND INSPECTED UNDER FAR PART 91 SUBPART K DURING THE 12 MONTH PERIOD PRECEDING THE DATE OF THIS LEASE, BASED ON REQUIREMENTS UNDER THE MANAGEMENT TERMS.
THE AIRCRAFT WILL BE MAINTAINED AND INSPECTED UNDER FAR PART 91 SUBPART K FOR OPERATIONS TO BE CONDUCTED UNDER THIS LEASE, BASED ON REQUIREMENTS UNDER THE MANAGEMENT TERMS. DURING THE DURATION OF THIS LEASE, LIBERTY DENVER ARENA, LLC, 12300 LIBERTY BOULEVARD, ENGLEWOOD, COLORADO 80112 IS CONSIDERED RESPONSIBLE FOR OPERATIONAL CONTROL OF THE AIRCRAFT UNDER THIS LEASE.
AN EXPLANATION OF THE FACTORS BEARING ON OPERATIONAL CONTROL AND PERTINENT FEDERAL AVIATION REGULATIONS CAN BE OBTAINED FROM THE NEAREST FAA FLIGHT STANDARDS DISTRICT OFFICE.
THE “INSTRUCTIONS FOR COMPLIANCE WITH TRUTH IN LEASING REQUIREMENTS” ATTACHED HERETO ARE INCORPORATED HEREIN BY REFERENCE.
LIBERTY DENVER ARENA, LLC, LOCATED AT 12300 LIBERTY BOULEVARD, ENGLEWOOD, COLORADO 80112, THROUGH ITS UNDERSIGNED AUTHORIZED SIGNATORY BELOW, CERTIFIES THAT IT IS RESPONSIBLE FOR OPERATIONAL CONTROL OF THE AIRCRAFT AND THAT IT UNDERSTANDS ITS RESPONSIBILITIES FOR COMPLIANCE WITH APPLICABLE FEDERAL AVIATION REGULATIONS.
IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the date first above written.
OWNER |
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SUBLESSOR |
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LESSEE |
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LIBERTY CITATION, INC. |
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LIBERTY DENVER ARENA, LLC |
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LIBERTY BROADBAND CORPORATION |
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By: |
/s/ Craig Troyer |
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By: |
/s/ Craig Troyer |
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By: |
/s/ Albert E. Rosenthaler |
Name: |
Craig Troyer |
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Name: |
Craig Troyer |
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Name: |
Albert E. Rosenthaler |
Title: |
Vice President |
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Title: |
Vice President |
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Title: |
Senior Vice President |
INSTRUCTIONS FOR COMPLIANCE WITH “TRUTH IN LEASING” REQUIREMENTS
Federal Aviation Administration
2. |
Telephone the nearest Flight Standards District Office at least 48 hours prior to the first flight under this lease. |