Absolute. Lessee’s obligations under this Agreement are absolute and unconditional irrespective of any contingency whatever including (but not limited to): (a) any right of offset, counterclaim, recoupment, reduction, defense or other right which either party to this Agreement may have against the other; (b) any unavailability of the Aircraft for any reason, including a requisition of the Aircraft or any prohibition or interruption of, interference with or other restriction against Xxxxxx’s use, operation or possession of the Aircraft; (c) 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; (d) any insolvency, bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, liquidation or similar proceedings by or against Lessor or Lessee; (e) any invalidity, unenforceability or lack of due authorization of, or other defect in, this Agreement; or (f) any other cause which, 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; provided always, however, that this Section 5.14 shall be without prejudice to Xxxxxx’s right to claim damages and other relief from the courts in the event of any breach by Lessor of its obligations under this Agreement, or in the event that, as a result of any lack or invalidity of title to the Aircraft on the part of Lessor, Lessee is deprived of its possession of the Aircraft.
Appears in 3 contracts
Samples: Lease Agreement, Aircraft Lease Agreement, Lease Agreement
Absolute. The Lessee’s 's obligations under this Agreement are absolute and unconditional irrespective of any contingency whatever including (but not limited to):
(a) any right of offset, counterclaim, recoupment, reduction, defense or other right which either party to this Agreement may have against the other;
(b) any unavailability of the Aircraft for any reason, including a requisition of the Aircraft or any prohibition or interruption of, interference with or other restriction against Xxxxxx’s the Lessee's use, operation or possession of the Aircraft;
(c) 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;
(d) any insolvency, bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, liquidation or similar proceedings by or against the Lessor or the Lessee;
(e) any invalidity, unenforceability or lack of due authorization of, or other defect in, this Agreement; or
(f) any other cause which, but for this provision, would or might otherwise have the effect of terminating or in any way affecting any obligation of the Lessee under this Agreement; provided always, however, that this Section 5.14 Clause 5.11 shall be without prejudice to Xxxxxx’s the Lessee's right to claim damages and other relief from the courts in the event of any breach by the Lessor of its obligations under this Agreement, or in the event that, as a result of any lack or invalidity of title to the Aircraft on the part of the Lessor, the Lessee is deprived of its possession of the Aircraft.
Appears in 2 contracts
Samples: Lease Agreement (Turn Works Acquisition Iii Sub a Inc), Lease Agreement (Turn Works Acquisition Iii Sub a Inc)
Absolute. Lessee’s 's obligations under this Agreement are absolute and unconditional irrespective of any contingency whatever whatsoever including (but not limited to):
(a) any right of offsetset-off, counterclaim, recoupment, reduction, defense or other right which either party to this Agreement may have against the other;
(b) any unavailability of the Aircraft for any reason, including including, but not limited to, a requisition of the Aircraft or any prohibition or interruption of, of or interference with or other restriction against Xxxxxx’s Lessee's use, operation or possession of the Aircraft;
(c) any lack or invalidity of title or any other defect in title, airworthiness, merchantability, fitness for any purpose, condition, design 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 Event of Loss in respect of or any damage to the Aircraft;
(d) any insolvency, bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, liquidation or similar proceedings by or against Lessor or Lessee;
(e) any invalidity, invalidity or unenforceability or lack of due authorization of, or other defect in, this Agreement; or;
(f) any other cause which, which but for this provision, provision would or might otherwise have the effect of terminating or in any way affecting any obligation of Lessee under this Agreement; provided always, however, that . The provisions of this Section 5.14 Clause 5.13 shall be without prejudice to Xxxxxx’s not limit Lessee's right to claim damages and other relief from take such legal action as Lessee shall deem appropriate as a consequence of the courts in the event of any breach by Lessor of its obligations to Lessee under this Agreement, or in the event that, as a result of any lack or invalidity of title to the Aircraft on the part of Lessor, Lessee is deprived of its possession of the Aircraft.
Appears in 2 contracts
Samples: Aircraft Lease Agreement (Turn Works Acquisition Iii Sub a Inc), Aircraft Lease Agreement (Turn Works Acquisition Iii Sub a Inc)
Absolute. The Lessee’s 's obligations under this Agreement are Agreement, including its obligations to pay Rent and Agreed Value, are, subject to the Lessor's compliance with its covenant of quiet enjoyment as specifically set forth in Clause 7.1 hereof and the Beneficial Owner's compliance with its undertakings as set forth in the letter of Quiet Enjoyment delivered to the Lessee, absolute and unconditional irrespective of any contingency whatever including (but not limited to):
(a) any right of offsetset-off, counterclaim, recoupment, reduction, defense defence or other right which either party to this Agreement may have against the other;
(b) any unavailability of the Aircraft for any reason, including including, but not limited to, a requisition of the Aircraft or for any prohibition or interruption of, of or interference with or other restriction against Xxxxxx’s the Lessee's use, operation or possession of the Aircraft;
(c) any lack or invalidity of title or any other defect in titletitle (provided always that such lack or invalidity of title or other defect does not result in the Lessee being deprived of its possession of the Aircraft), airworthiness, merchantability, fitness for any purpose, condition, design 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;
(d) any insolvency, bankruptcy, reorganization, arrangement, arrangement readjustment of debt, dissolution, liquidation or similar proceedings by or against the Lessor or the Lessee;
(e) any invalidity, invalidity or unenforceability or lack of due authorization of, or other defect in, this Agreement; or;
(f) any other cause which, but for this provision, would or might otherwise have the effect of terminating or in any way affecting any obligation of the Lessee under this Agreement; provided always, however, . PROVIDED ALWAYS that this Section 5.14 Clause 5.13 shall be without prejudice to Xxxxxx’s the Lessee's right to claim damages and and/or other relief from the courts in the event of any breach by the Lessor of its obligations under this Agreement, or in the event that, as a result of any lack or invalidity of title to the Aircraft on the part of Lessorthe Holder of Legal Title, the Lessee is deprived of its possession of the Aircraft.
Appears in 1 contract
Samples: Lease Agreement (Western Pacific Airlines Inc /De/)
Absolute. Lessee’s 's obligations under this Agreement are absolute and unconditional irrespective of any contingency whatever including (but not limited to):
(a) any right of offset, counterclaim, recoupment, reduction, defense or other right which either party to this Agreement may have against the other;
(b) any unavailability of the Aircraft for any reason, including a requisition of the Aircraft or any prohibition or interruption of, interference with or other restriction against Xxxxxx’s the Lessee's use, operation or possession of the Aircraft;
(c) 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;
(d) any insolvency, bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, liquidation or similar proceedings by or against the Lessor or the Lessee;
(e) any invalidity, unenforceability or lack of due authorization of, or other defect in, this Agreement; or
(f) any other cause which, but for this provision, would or might otherwise have the effect of terminating or in any way affecting any obligation of the Lessee under this Agreement; provided always, however, that this Section 5.14 Clause 5.13 shall be without prejudice to Xxxxxx’s the Lessee's right to claim damages and other relief from the courts in the event of any breach by the Lessor of its obligations under this Agreement, or in the event that, as a result of any lack or invalidity of title to the Aircraft on the part of the Lessor, the Lessee is deprived of its possession of the Aircraft.
Appears in 1 contract
Absolute. The Lessee’s 's obligations under this Agreement are absolute and unconditional irrespective of any contingency whatever including (but not limited to):
(a) a. any right of offset, counterclaim, recoupment, reduction, defense or other right which either party to this Agreement may have against the other;
b. except as specified in clause (bc) below, any unavailability of the Aircraft for any reason, including a requisition of the Aircraft or any prohibition or interruption of, interference with or other restriction against Xxxxxx’s the Lessee's use, operation or possession of the Aircraft;
(c) c. any lack or invalidity of title or any other defect in titletitle (provided that such lack or invalidity of title or other defect does not result in the Lessee being deprived of its possession or use of the Aircraft or prevent the Lessee from purchasing the Aircraft free of Lessor Liens), 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;
(d) d. any insolvency, bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, liquidation or similar proceedings by or against the Lessor or the Lessee;
(e) e. any invalidity, unenforceability or lack of due authorization of, or other defect in, this Agreement; or
(f) f. any other cause which, but for this provision, would or might otherwise have the effect of terminating or in any way affecting any obligation of the Lessee under this Agreement; provided always. provided, however, that this Section 5.14 Clause 5.13 shall be without prejudice to Xxxxxx’s the Lessee's right to claim damages and and/or other relief from the courts in the event of any breach by the Lessor of its obligations under this Agreement, or in the event that, as a result of any lack or invalidity of title to the Aircraft on the part of the Lessor, the Lessee is deprived of its possession of the Aircraft.
Appears in 1 contract
Samples: Lease Agreement (Airfund International Limited Partnership)
Absolute. Lessee’s obligations under this Agreement are absolute and unconditional irrespective of any contingency whatever including (but not limited to):
(a) any right of offset, counterclaim, recoupment, reduction, defense or other right which either party to this Agreement may have against the other;
(b) any unavailability of the Aircraft for any reason, including a requisition of the Aircraft or any prohibition or interruption of, interference with or other restriction against XxxxxxLessee’s use, operation or possession of the Aircraft;
(c) 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;
(d) any insolvency, bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, liquidation or similar proceedings by or against Lessor or Lessee;
(e) any invalidity, unenforceability or lack of due authorization of, or other defect in, this Agreement; or
(f) any other cause which, 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; provided always, however, that this Section 5.14 shall be without prejudice to XxxxxxLessee’s right to claim damages and other relief from the courts in the event of any breach by Lessor of its obligations under this Agreement, or in the event that, as a result of any lack or invalidity of title to the Aircraft on the part of Lessor, Lessee is deprived of its possession of the Aircraft.
Appears in 1 contract
Samples: Lease Agreement (Global Crossing Airlines Group Inc.)
Absolute. Lessee’s 's obligations under this Agreement are absolute and unconditional irrespective of any contingency whatever including (but not limited to):
(a) any right of offset, counterclaim, recoupment, reduction, defense or other right which either party to this Agreement may have against the other;
(b) any unavailability of the Aircraft for any reason, including a requisition of the Aircraft or any prohibition or interruption of, interference with or other restriction against Xxxxxx’s Lessee's use, operation or possession of the Aircraft; provided, however, to the extent the foregoing constitutes a Total Loss hereunder, the Lessee's obligations shall be as set forth in Section 11.2 hereof;
(c) 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; provided, however, in the event of a Total Loss the Lessee's obligations shall be as set forth in Section 11.2 hereof;
(d) any insolvency, bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, liquidation or similar proceedings by or against Lessor or Lessee;
(e) any invalidity, unenforceability or lack of due authorization of, or other defect in, this Agreement; or
(f) any other cause which, 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; provided always, however, that this Section 5.14 shall be without prejudice to Xxxxxx’s Lessee's right to claim damages and other relief from the courts in the event of any breach by Lessor of its obligations under this Agreement, or in the event that, as a result of any lack or invalidity of title to the Aircraft on the part of Lessor, Lessee is deprived of its possession of the Aircraft.
Appears in 1 contract
Samples: Lease Agreement (Airfund International Limited Partnership)