目录 TABLE OF CONTENTS
Article 3 Rent and method of payment
Article 4 Rights and obligations of parties
Article 5 Damage to the Leased Property
Article 6. Ownership relationship
Article 8 Liability for Breach of Contract
the date of delivery is not the same as the date of commencement of
the rental, the date of payment of each installment shall be
the lease period, if the adjustment of the benchmark interest rate
for loans is effected by People's Bank of China, the commencing date of adjustment
Article 4 Rights and obligations of parties
(1) Party A's rights and obligations
1. Party A has the right tobecome acquainted with Party B's production, operation and financial situation and to require Party B to submit relevant materials in a timely, truthful and complete manner.
2. Party A has the right to become acquainted with the operating condition of the aircraft and its ancillary equipment. Party A has the right to request Party B to submit timely information on the location, operation, use, insurance, registration and maintenance of the aircraft and its ancillary equipment.
3. Party A shall have the right to inspect the operation, use, maintenance and condition of the aircraft, for which Party B shall cooperate provided that it does not interfere with daily commercial operations.
4. The lessor should, on or prior to the delivery date, acquire ownership of the aircraft and the necessary documentation thereof from the manufacturer.
6. Party A guarantee the lessee‘s right to purchase the aircraft as agreed and such right will not be affected by the transfer or mortgage of the aircraft.
7. No inspection or examination by Party A of the operation, use, maintenance and condition of the aircraft shall affect the normal operational use of the aircraft by Party B.
(2) Party B's rights and obligations
1. You shall be provided with the aircraft and its ancillary equipment which are fit for use as agreed and shall be entitled to operate business of the aircraft.
2. Party B shall have the right to occupy, use and operate the aircraft unless the lease term is terminated earlier or Party B’s breach affecting Party A's relevant rights which shall not be interfered by Party A's ownership of the aircraft.
3. The Lessee shall not, without Party A’s prior written consent, sell, transfer or in any other way dispose of the aircraft and shall not create any form of security or any other security interest in the aircraft.
4. Party B shall provide Party A with a guarantee approved by Party A. Party B shall promptly inform Party A and provide a new guarantee approved by Party A when one of the following circumstances occurs to the guarantor.
(1) Significant deterioration in operating or financial condition.
(2) Any outstanding debts due with other financial institutions.
(3) The guarantor is involved in significant litigation, arbitration or administrative measures, and major assets are subject to property preservation or other compulsory measures.
(4) The circumstances or events of production cessation, business suspension, dissolution, winding up, revocation of business license, filing (being filed) for bankruptcy, insolvency, etc.
5. Party B shall bear the costs and expense incurred in the use of the aircraft and the ancillary equipment, assume responsibility for the losses arising from the seizure, freezing, retention or confiscation of the aircraft unaccountable to Party A, to bear losses arising from claims made by other creditors of Party B in relation to the aircraft and its ancillary equipment which are not caused by Party A, in addition to reimburse Party A for relevant losses suffered as a result of the above.
6. Party B shall be responsible for the spare parts, repair, maintenance and regular inspect of the aircraft and bear the relevant costs and expense. Where the spare parts assembled on the aircraft are damaged or unusable, Party B shall replace the same and bear the relevant costs at its own expense.
7. Party B shall keep in writing the accurate and complete records, data and documents relating to the flight, airframe, engine maintenance, repair of the aircraft and the aircraft, which to be retained as required.
Party B shall comply
with the legal requirements relating to aircraft insurance and bear
the premiums for insurance. Where failure of effecting insurance by
Party B, Party A shall be entitled to effect the appropriate
insurance with payment of the premiums which shall be paid by Party