Common use of General Condition Clause in Contracts

General Condition. Each Item of Equipment shall be in the same condition as when delivered to Lessee, ordinary wear and tear (subject to the obligations set forth in Article 5(c) and alterations and modifications properly made by Lessee as permitted under this Lease) excepted, shall be in good operating condition, and shall be free and clear of all Liens, except Liens which result from acts of Lessor which are not indemnified against hereunder. The Aircraft shall be clean, internally and externally, and serviceable by international commercial passenger airline operating standards, and shall have installed thereon and furnished therewith all Engines, Parts and equipment installed thereon or furnished therewith (including all cabin passenger service and loose equipment) at the commencement of the Term or replacements therefor (as herein authorized) and additions and improvements thereto made in accordance with the provisions of this Lease. No Part will have a total time since new in hours, cycles or calendar time greater than the Airframe. The Aircraft shall be capable of meeting all performance characteristics within Manufacturer's performance limits throughout the entire operating envelope, as defined in the Aircraft flight manual, and performance compliance will be demonstrated at the time of the technical acceptance flight test and by on-wing static inspection and testing of the powerplants in accordance with the Engine manufacturer's operation and maintenance manuals. The Engines shall not be on "watch" for any reason requiring any special or out-of-sequence inspection and shall comply with the operations specification of Lessee and the Engine manufacturer (or, if such requirements differ, whichever is the more limiting), without waiver, carryover, deferment, restriction or exception. If the historical and technical records and/or trend monitoring data indicate an acceleration in the rate of deterioration in the performance of an Engine or the APU which is higher than normal based on manufacturer's data, Lessee shall, prior to return, correct such conditions that are determined to be causing such accelerated rate of deterioration or that otherwise exceed Lessee's or the manufacturer's maintenance manual tolerances. Without limiting any of the foregoing, on return the Aircraft shall comply with the following:

Appears in 2 contracts

Samples: Lease Agreement (Hawaiian Airlines Inc/Hi), Lease Agreement (Hawaiian Airlines Inc/Hi)

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General Condition. Each Item of Equipment shall be in the same condition as when delivered to LesseeLessee (after giving effect to the modifications contemplated by Article 2(h)), ordinary wear and tear (subject to the obligations set forth in Article 5(c) and alterations and modifications properly made by Lessee as permitted under this Lease) excepted, shall be in good operating condition, and shall be free and clear of all Liens, except Liens which result from acts of Lessor which are not indemnified against hereunder. The Aircraft shall be clean, internally and externally, and serviceable by international commercial passenger airline operating standards, and shall have installed thereon and furnished therewith all Engines, Parts and equipment installed thereon or furnished therewith (including all cabin passenger service and loose equipment) at the commencement of the Term (after giving effect to the modifications contemplated by Article 2(h)) or replacements therefor (as herein authorized) and additions and improvements thereto made in accordance with the provisions of this Lease. No Part will have a total time since new in hours, cycles or calendar time greater than the Airframe. The Aircraft shall be capable of meeting all performance characteristics within Manufacturer's performance limits throughout the entire operating envelope, as defined in the Aircraft flight manual, and performance compliance will be demonstrated at the time of the technical acceptance flight test and by on-wing static inspection and testing of the powerplants in accordance with the Engine manufacturer's operation and maintenance manualsmanual. The Engines shall not be on "watch" for any reason requiring any special or out-of-sequence inspection and shall comply with the operations specification of Lessee and the Engine manufacturer (or, if such requirements differ, whichever is the more limiting), without waiver, carryover, deferment, restriction or exception. If the historical and technical records and/or trend monitoring data indicate an acceleration in the rate of deterioration in the performance of an Engine or the APU which is higher than normal based on manufacturer's data, Lessee shall, prior to return, correct such conditions that are determined to be causing such accelerated rate of deterioration or that otherwise exceed Lessee's or the manufacturer's maintenance manual tolerances. Without limiting any of the foregoing, on return the Aircraft shall comply with the following:

Appears in 1 contract

Samples: Lease Agreement (Hawaiian Airlines Inc/Hi)

General Condition. Each Item The Aircraft when delivered to Lessor shall (without prejudice to paragraph 2 of Equipment Schedule F) be clean by international commercial airline operating standards, and (save as otherwise provided in Clause 15.2) shall have installed thereon all Engines, equipment, accessories or parts installed thereon at the commencement of the Lease Term therefor or improvements thereto made in accordance with the provisions of this Agreement. The Aircraft shall be in the same condition as when delivered to Lessee, ordinary wear and tear (subject to the obligations set forth in Article 5(c) Clauses 5 and 13 and alterations and modifications properly made and documented by Lessee as permitted under this LeaseAgreement) excepted. Without prejudice to paragraph 4 of Schedule F, should Lessee be granted any variances or extensions from the FAA with respect to any airworthiness directives applicable to Lessee or should the FAA approved maintenance program for Lessee permit carry-over or deferral of maintenance items, performance of which, but for such deferral or carry-over, would have otherwise been required thereby, Lessee shall perform or cause to be performed, at Lessee's expense (subject to Clause 13), all such items and airworthiness directives prior to return of the Aircraft to Lessor. Without prejudice to paragraph 10 of Schedule F, there shall be in good operating conditionno untreated or uncorrected corrosion as determined by the pre-delivery inspection by Lessor, including corrosion within the fuel tanks. Without prejudice to Schedule F, a borescope inspection, engine power runs and systems functional checks shall be performed at Lessee's expense immediately prior to return of the Aircraft to Lessor, and Lessee shall provide evidence satisfactory to Lessor reflecting the correction of any non-compliance found during such inspection with the Maintenance Program. Lessor shall be free and clear of all Liens, except Liens which result from acts of Lessor which are not indemnified against hereunder. The given access to the Aircraft shall be clean, internally and externally, and serviceable by international commercial passenger airline operating standards, and shall have installed thereon and furnished therewith all Engines, Parts and equipment installed thereon or furnished therewith (including all cabin passenger service and loose equipment) at the commencement maintenance facility that performs the re- delivery maintenance. Lessee will make available for inspection at least 60 days prior to the redelivery date the full complement of records, manuals and other documentation as specified in Schedule D. Immediately prior to the Term or replacements therefor (as herein authorized) re-delivery and additions acceptance, a final walk around inspection and improvements thereto made a systems ground check, including engine power runs in accordance with the provisions Manufacturer's maintenance manual, will be performed in conjunction with a flight demonstration of this Leasethe Aircraft, at Lessee's cost, utilizing the manufacturer's standard maintenance manual procedures. No Part Two (2) representatives of Lessor will have a total time since new in hoursbe on board as observers. Lessee, cycles at its expense, will correct, or calendar time greater than the Airframecause to be corrected, all defects exceeding Manufacturer's maintenance manual limitations. The Aircraft Lessor shall be capable of meeting all performance characteristics within Manufacturer's performance limits throughout entitled to have inspectors present during the entire operating envelope, as defined in re-delivery work performed on the Aircraft flight manual, and performance compliance will be demonstrated at the time of designated maintenance facility. If Lessor determines that repairs are required to cause the technical acceptance flight test and by on-wing static inspection and testing of the powerplants in accordance with the Engine manufacturer's operation and maintenance manuals. The Engines shall not be on "watch" for any reason requiring any special or out-of-sequence inspection and shall Aircraft to comply with the operations specification of return requirements provided herein, such repairs shall be performed at an FAA approved facility in the United States at Lessee's sole cost and expense. Lessee and the Engine manufacturer (or, if Lessor shall use commercially reasonable efforts to combine such requirements differ, whichever is the more limiting), without waiver, carryover, deferment, restriction or exception. If the historical and technical records and/or trend monitoring data indicate an acceleration in the rate of deterioration in the performance of an Engine or the APU which is higher than normal based on manufacturer's data, Lessee shall, prior to return, correct such conditions that are determined to be causing such accelerated rate of deterioration or that otherwise exceed Lessee's or the manufacturer's maintenance manual tolerances. Without limiting any of the foregoing, on return the Aircraft shall comply inspection flight with the following:ferry flight to a secondary location.

Appears in 1 contract

Samples: Lease Agreement (Pan Am Corp /Fl/)

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General Condition. Each Item of Equipment shall be in the same condition as when delivered to Lessee, ordinary wear and tear from normal flight operations (subject to the obligations set forth in Article 5(c) and alterations and modifications properly made by Lessee as permitted or required under this Lease) excepted, shall be in good operating condition, and shall be free and clear of all Liens, except Liens which result from acts of Lessor or of a Participant which are not indemnified against hereunder. The Aircraft shall be clean, internally and externally, and serviceable by international commercial passenger airline operating standards, and shall have installed thereon and furnished therewith all Engines, Parts and equipment installed thereon or furnished therewith (including all cabin passenger service and loose equipment) at the commencement of the Term (after giving effect to the modifications referred to in Article 2(h) hereof) or replacements therefor (as herein authorized) and additions and improvements thereto made in accordance with the provisions of this Lease. No Part will have a total time since new in hours, cycles or calendar time greater than 110% of the total time since new in hours, cycles or calendar time of the Airframe. The Aircraft shall be capable of meeting all certificated, full-rated performance characteristics within Manufacturer's performance limits without limitation throughout the entire operating envelope, as defined in the Aircraft flight manual, and performance compliance will be demonstrated at the time of the technical acceptance flight test and by on-wing static inspection and testing of the powerplants in accordance with the Engine manufacturer's operation and maintenance manualsmanual. The Engines shall not be on "watch" for any reason requiring any special or out-of-sequence inspection and shall comply with the operations specification of Lessee and the Engine manufacturer (or, if such requirements differ, whichever is the more limiting), without waiver, carryover, deferment, restriction or exception. If the historical and technical records and/or trend monitoring data indicate an acceleration in the rate of deterioration in the performance of an Engine or the APU which is higher than normal based on manufacturer's dataas per the recommendations of the manufacturer of such Engine or APU, Lessee shall, prior to return, correct such conditions that are determined to be causing such accelerated rate of deterioration or that otherwise exceed Lessee's or the manufacturer's maintenance manual tolerances. Without limiting any of the foregoing, on return the Aircraft shall comply with the following:

Appears in 1 contract

Samples: Lease Agreement (Turn Works Acquisition Iii Sub a Inc)

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