Common use of Customer’s Operational Control Clause in Contracts

Customer’s Operational Control. Contractor acknowledges and agrees and will insure that the Flight Crew provided by Contractor shall acknowledge and agree that (i) Customer shall exercise sole and exclusive operational control as such term in defined in FAR Section 1.1 during any flight, (ii) each and every right Contractor may have to control, direct, instruct or in any way influence the actions of the Flight Crew during the time the Aircraft is operated on Customer’s behalf are hereby waived and granted to Customer, notwithstanding any employment relationship between Contractor and the Flight Crew, and (iii) responsibility for operational control is not transferable to any other person or entity, and it supersedes any agreement, contract, understanding or arrangement, either oral or written, expressed or implied, between any persons or entities.

Appears in 4 contracts

Samples: Flight Crew Services Agreement (MSGE Spinco, Inc.), Flight Crew Services Agreement (MSG Entertainment Spinco, Inc.), Flight Crew Services Agreement (MSG Entertainment Spinco, Inc.)

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