Aircraft Operating Lease Agreement Template for India

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Key Requirements PROMPT example:

Aircraft Operating Lease Agreement

"I need an Aircraft Operating Lease Agreement for a Boeing 737-800 aircraft to be leased to my Indian airline for 48 months starting March 2025, with particular emphasis on maintenance reserve provisions and subleasing rights."

Document background
The Aircraft Operating Lease Agreement is a critical document used when an aircraft owner wishes to lease an aircraft to an airline operator in India without transferring ownership. This agreement type has become increasingly important in the Indian aviation sector as airlines seek to optimize their fleet management and capital allocation. The document must comply with Indian legal requirements, including the Aircraft Act 1934, Aircraft Rules 1937, and DGCA regulations, while also adhering to international aviation standards and the Cape Town Convention. It comprehensively addresses all aspects of the lease relationship, from delivery and operation to maintenance and return conditions. The agreement is particularly relevant in today's aviation market where operating leases have become a preferred method of aircraft financing and fleet management for Indian carriers.
Suggested Sections

1. Parties: Identification of the Lessor and Lessee with full legal names and addresses

2. Background: Context of the lease transaction, including aircraft details and purpose of the agreement

3. Definitions: Comprehensive list of defined terms used throughout the agreement

4. Lease Term and Delivery: Duration of lease, delivery conditions, acceptance procedures, and extension options

5. Rent and Payments: Lease rental amounts, payment schedules, security deposits, and supplemental rent provisions

6. Operating Conditions: Requirements for aircraft operation, permitted jurisdiction, and operational restrictions

7. Maintenance and Repair: Maintenance obligations, scheduled inspections, and repair requirements

8. Insurance: Required insurance coverage, terms, and beneficiary arrangements

9. Representations and Warranties: Statements of fact and assurances from both parties

10. Covenants: Ongoing obligations of both parties throughout the lease term

11. Events of Default: Circumstances constituting default and corresponding remedies

12. Return Conditions: Requirements for aircraft condition and return procedures at lease end

13. Indemnities: Mutual indemnification obligations and liability allocation

14. Assignment and Transfer: Rights and restrictions regarding assignment of the lease

15. Governing Law and Jurisdiction: Choice of law and dispute resolution mechanisms

16. Miscellaneous: Standard boilerplate provisions including notices, amendments, and severability

Optional Sections

1. Tax Provisions: Detailed tax arrangements when cross-border leasing or special tax considerations apply

2. Cape Town Convention Provisions: Specific provisions implementing Cape Town Convention requirements when applicable

3. Multiple Aircraft Provisions: Additional terms when the lease covers multiple aircraft

4. Sublease Provisions: Terms governing potential subleasing when permitted

5. Export/Import Provisions: Special terms for cross-border movement of aircraft

6. Financing Provisions: Additional terms when the aircraft is subject to financing arrangements

7. Sanctions Compliance: Specific provisions for compliance with international sanctions when relevant

8. Step-In Rights: Rights of financiers to take over the lease in case of default, when applicable

Suggested Schedules

1. Aircraft Description: Detailed technical specifications of the aircraft

2. Conditions Precedent: List of conditions to be satisfied before lease commencement

3. Delivery Condition Requirements: Specific conditions the aircraft must meet at delivery

4. Return Condition Requirements: Detailed requirements for aircraft condition at lease termination

5. Insurance Requirements: Specific insurance coverage requirements and terms

6. Rent Payment Schedule: Detailed schedule of rent payments and calculations

7. Maintenance Reserve Rates: Rates and calculations for maintenance reserve payments

8. Form of Delivery Acceptance Certificate: Standard form for acknowledging aircraft delivery

9. Form of Return Acceptance Certificate: Standard form for acknowledging aircraft return

10. Permitted Sublessees: List of pre-approved potential sublessees if applicable

11. Required Documentation: List of technical and operational documents to be maintained

12. Power of Attorney: Standard form of power of attorney for aircraft registration/deregistration

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Aviation

Aircraft Leasing

Commercial Airlines

Aircraft Finance

Aviation Insurance

Aircraft Maintenance

Transportation

Logistics

Relevant Teams

Legal

Finance

Operations

Technical

Risk Management

Compliance

Treasury

Fleet Management

Commercial

Insurance

Maintenance

Regulatory Affairs

Contract Administration

Relevant Roles

Chief Financial Officer

Head of Legal

Aviation Finance Manager

Fleet Planning Manager

Technical Operations Director

Risk Management Officer

Compliance Officer

Aircraft Assets Manager

Commercial Director

Chief Operating Officer

Aviation Insurance Manager

Maintenance Planning Manager

Contract Manager

Treasury Manager

Corporate Counsel

Aviation Regulatory Officer

Industries
Indian Contract Act, 1872: Fundamental law governing contract formation, validity, performance, and remedies in India. Essential for the basic structure and enforceability of the lease agreement.
Aircraft Act, 1934: Primary legislation governing aviation in India, including requirements for aircraft registration, maintenance, and operation.
Aircraft Rules, 1937: Detailed regulations implementing the Aircraft Act, including specific requirements for leasing and operating aircraft in India.
DGCA Civil Aviation Requirements (CAR): Regulatory requirements issued by the Directorate General of Civil Aviation covering various aspects of aircraft operation, maintenance, and safety.
Foreign Exchange Management Act (FEMA), 1999: Governs cross-border financial transactions, including lease payments and security deposits in international aircraft leasing.
Income Tax Act, 1961: Relevant for taxation of lease rentals, withholding tax obligations, and depreciation claims.
Cape Town Convention and Protocol on Aircraft Equipment: International treaty (ratified by India) governing security interests in aircraft equipment and providing remedies for default scenarios.
Goods and Services Tax (GST) Laws: Applicable to lease rentals and other charges under the lease agreement, determining tax rates and compliance requirements.
Indian Stamp Act, 1899: Governs stamp duty requirements for executing and enforcing the lease agreement in India.
Convention on International Civil Aviation (Chicago Convention): International aviation standards and requirements that India must comply with as a signatory state.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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