Absolute Obligations. This Agreement is a net lease and Lessee's obligations under this Agreement are absolute and unconditional, irrespective of any contingency or circumstance whatsoever, including (but not limited to): (i) any right of set-off, counterclaim, recoupment, reimbursement, defense or other right which Lessor or Lessee may have against the other or against any other person; (ii) any unavailability of the Aircraft for any reason, including, but not limited to, requisition of the Aircraft or any prohibition or interruption of or interference with or other restriction against Lessee's use, operation or possession of the Aircraft; (iii) any lack or invalidity of title or any other defect in title, airworthiness, merchantability, fitness for any purpose, condition, design, or operation of any kind or nature of the Aircraft for any particular use or trade, or for registration or documentation under the laws of any relevant jurisdiction, or any Total Loss in respect of or any damage to the Aircraft; (iv) any insolvency, bankruptcy, reorganisation, arrangement, readjustment of debt, dissolution, liquidation or similar proceedings by or against Lessor or Lessee or any other person; (v) any invalidity, illegality, unenforceability or lack of due authorization of, or other defect in, this Agreement; and (vi) any other cause or circumstance that, but for this provision, would or might otherwise have the effect of terminating or in any way affecting any obligation of Lessee under this Agreement.
Appears in 2 contracts
Samples: Aircraft Lease Agreement (Frontier Airlines Inc /Co/), Aircraft Lease Agreement (Frontier Airlines Inc /Co/)
Absolute Obligations. This Agreement is a net lease and LesseeSublessee's obligations under this Agreement are absolute and unconditional, irrespective of any contingency or circumstance whatsoever, including (but not limited to):
(i) any right of set-off, counterclaim, recoupment, reimbursement, defense or other right which Lessor Sublessor or Lessee Sublessee may have against the other or against any other person;
(ii) any unavailability of the Aircraft for any reason, including, but not limited to, requisition of the Aircraft or any prohibition or interruption of or interference with or other restriction against LesseeSublessee's use, operation or possession of the Aircraft;
(iii) any lack or invalidity of title or any other defect in title, airworthiness, merchantability, fitness for any purpose, condition, design, or operation of any kind or nature of the Aircraft for any particular use or trade, or for registration or documentation under the laws of any relevant jurisdiction, or any Total Loss in respect of or any damage to the Aircraft;
(iv) any insolvency, bankruptcy, reorganisation, arrangement, readjustment of debt, dissolution, liquidation or similar proceedings by or against Lessor Sublessor or Lessee Sublessee or any other person;
(v) any invalidity, illegality, unenforceability or lack of due authorization of, or other defect in, this Agreement; and
(vi) any other cause or circumstance that, but for this provision, would or might otherwise have the effect of terminating or in any way affecting any obligation of Lessee Sublessee under this Agreement.
Appears in 2 contracts
Samples: Aircraft Sublease Agreement (Frontier Airlines Inc /Co/), Aircraft Sublease Agreement (Frontier Airlines Inc /Co/)
Absolute Obligations. This Agreement is a net lease and LesseeSublessee's obligations under this Agreement are absolute and unconditional, irrespective of any contingency or circumstance whatsoever, including (but not limited to):
(i) any right of set-off, counterclaim, recoupment, reimbursement, defense or other right which Lessor Sublessor or Lessee Sublessee may have against the other or against any other person;
(ii) any unavailability of the Aircraft for any reason, including, but not limited to, requisition of the Aircraft or any prohibition or interruption of or interference with or other restriction against LesseeSublessee's use, operation or possession of the Aircraft;
(iii) any lack or invalidity of title or any other defect in title, airworthiness, merchantability, fitness for any purpose, condition, design, or operation of any kind or nature of the Aircraft for any particular use or trade, or for registration or documentation under the laws of any relevant jurisdiction, or any Total Loss in respect of or any damage to the Aircraft;
(iv) any insolvency, bankruptcy, reorganisationreorganization, arrangement, readjustment of debt, dissolution, liquidation or similar proceedings by or against Lessor Sublessor or Lessee Sublessee or any other person;
(v) any invalidity, illegality, unenforceability or lack of due authorization of, or other defect in, this Agreement; and
(vi) any other cause or circumstance that, but for this provision, would or might otherwise have the effect of terminating or in any way affecting any obligation of Lessee Sublessee under this Agreement.
Appears in 1 contract
Samples: Aircraft Sublease Agreement (Frontier Airlines Inc /Co/)