Bodily Injury Liability and Property Damage Liability Insurance. 1. Except as provided in paragraph 2 of this Section A or Section 4.06(c) of the Trust Indenture, and subject to the self insurance to the extent permitted by Section D hereof, Owner will at all times carry and maintain or cause to be carried and maintained, at no expense to any Additional Insured, on a non-discriminatory basis, comprehensive airline liability insurance, including passenger legal liability, bodily injury liability, property damage liability and contractual liability (exclusive of manufacturer’s product liability insurance and including, without limitation, aircraft liability war risk and allied perils insurance, if and to the extent the same is maintained by Owner (or Permitted Lessee) with respect to other Similar Aircraft owned or leased, and operated by Owner (or Permitted Lessee) on the same routes) with respect to the Aircraft (a) in an amount per occurrence not less than the greater of (x) the amount of comprehensive airline legal liability insurance from time to time applicable to aircraft owned or leased and operated by Owner of the same type and operating on similar routes as the Aircraft and (y) the Minimum Liability Insurance Amount, (b) of the type and covering the same risks as from time to time applicable to aircraft operated by the Owner (or any Permitted Lessee) of the same type which comprise the Owner’s (or such Permitted Lessee’s) fleet and (c) which is maintained in effect with insurers or reinsurers of recognized responsibility. The Owner need not maintain cargo liability insurance with respect to the Aircraft, or may maintain such insurance in an amount less than the Minimum Liability Insurance Amount, as long as the amount of cargo liability insurance, if any, maintained with respect to the Aircraft is the same as the amount of such coverage which is maintained by the Owner for other Similar Aircraft owned or leased, and operated, by the Owner, operating on the same or similar routes. 2. During any period that the Aircraft or an Engine is on the ground and not in operation, the Owner may carry or cause to be carried as to such non-operating property, in lieu of the insurance required by paragraph 1 above, and subject to the self-insurance to the extent permitted by Section D hereof, insurance otherwise conforming to the provisions of said paragraph 1 except that (a) the amounts of coverage shall not be required to exceed the amounts of bodily injury liability and property damage liability insurance from time to time applicable to aircraft or engines, as the case may be, owned or leased by the Owner (or any Permitted Lessee) of the same or similar type as the Aircraft or Engine, as the case may be, and which are on the ground and not in operation and (b) the scope of the risks covered and the type of insurance shall be the same as from time to time shall be applicable to aircraft or engines, as the case may be, owned or leased by the Owner (or any Permitted Lessee) of the same or similar type and which are on the ground and not in operation.
Appears in 3 contracts
Samples: Trust Indenture and Mortgage (United Air Lines Inc), Trust Indenture and Mortgage (Ual Corp /De/), Trust Indenture and Mortgage (United Air Lines Inc)
Bodily Injury Liability and Property Damage Liability Insurance. 1. Except as provided in paragraph 2 of this Section A or Section 4.06(c) of the Trust IndentureA, and subject to the self insurance to the extent permitted by Section D B hereof, Owner JetBlue will at all times carry and maintain or cause to be carried and maintained, at no expense to any Additional InsuredInsured (as defined in the Indenture), on a non-discriminatory basis, comprehensive airline liability insurance, including passenger legal liability, bodily injury liability, property damage liability and contractual liability (exclusive of manufacturer’s product liability insurance and including, without limitation, aircraft liability war risk and allied perils insurance, if and to the extent the same is maintained by Owner JetBlue (or Permitted LesseeLessee (as defined in the Indenture)) with respect to other Similar Aircraft (as defined in the Indenture) owned or leased, and operated by Owner JetBlue (or Permitted Lessee) on the same routes) with respect to the Aircraft (a) in an amount per occurrence not less than the greater greatest of (x) the amount of comprehensive airline legal liability insurance from time to time applicable to aircraft owned or leased and operated by Owner JetBlue of the same type and operating on similar routes as the Aircraft (y) the amount of comprehensive legal liability insurance from time to time applicable to aircraft owned or leased and operated by air carriers with comparable route structures flying similar aircraft on similar routes and (yz) the Minimum Liability Insurance AmountAmount (as defined in the Indenture), (b) of the type and covering the same risks as from time to time applicable to aircraft operated by the Owner JetBlue (or any Permitted Lessee) of the same type which comprise the OwnerJetBlue’s (or such Permitted Lessee’s) fleet or owned or leased by air carriers with comparable route structures flying similar aircraft on similar routes and (c) which is maintained in effect with insurers or reinsurers of recognized responsibility. The Owner need not JetBlue shall maintain cargo liability insurance with respect to the Aircraft, or may maintain such insurance in an amount not less than the Minimum Liability Insurance Amount, as long as the amount of cargo liability insurance, if any, insurance maintained with respect to the Aircraft is the same as the amount of such coverage which is maintained by the Owner for other Similar Aircraft owned or leased, and operated, operated by the Owner, operating on the same or similar routesJetBlue.
2. During any period that the Aircraft or an Engine is on the ground and not in operation, the Owner JetBlue may carry or cause to be carried as to such non-operating property, in lieu of the insurance required by paragraph 1 above, and subject to the self-insurance to the extent permitted by Section D B hereof, insurance otherwise conforming to the provisions of said paragraph 1 except that (a) the amounts of coverage shall not be required to exceed the amounts of bodily injury liability and property damage liability insurance from time to time applicable to aircraft or engines, as the case may be, owned or leased by the Owner JetBlue (or any Permitted Lessee) of the same or similar type as the Aircraft or Engine, as the case may be, which comprise JetBlue’s (or such Permitted Lessee’s) fleet or owned or leased by air carriers with comparable route structures flying similar aircraft on similar routes and which are on the ground and not in operation and (b) the scope of the risks covered and the type of insurance shall be the same as from time to time shall be applicable to aircraft or engines, as the case may be, owned or leased by the Owner JetBlue (or any Permitted Lessee) of the same or similar type which comprise JetBlue’s (or such Permitted Lessee’s) fleet or owned or leased by air carriers with comparable route structures flying similar aircraft on similar routes and which are on the ground and not in operation.
Appears in 2 contracts
Samples: Insurance and Indemnity Agreement (Jetblue Airways Corp), Insurance and Indemnity Agreement (Jetblue Airways Corp)
Bodily Injury Liability and Property Damage Liability Insurance. 1. Except as provided in paragraph 2 of this Section A or Section 4.06(c3.06(c) of the Trust IndentureC Mortgage, and subject to the self insurance to the extent permitted by Section D hereof, Owner Company will at all times carry and maintain or cause to be carried and maintained, at no expense to any Additional Insured, on a non-discriminatory basis, comprehensive airline liability insurance, including passenger legal liability, bodily injury liability, property damage liability and contractual liability (exclusive of manufacturer’s product liability insurance and including, without limitation, aircraft liability war risk and allied perils insurance, if and to the extent the same is maintained by Owner Company (or Permitted Lessee) with respect to other Similar Aircraft aircraft owned or leased, and operated by Owner Company (or Permitted Lessee) on the same routes) with respect to the Aircraft and Spare Engine, as applicable, (a) in an amount per occurrence not less than the greater of (x) the amount of comprehensive airline legal liability insurance from time to time applicable to aircraft owned or leased and operated by Owner Company of the same type and operating on similar routes as the Aircraft and (y) the Minimum Liability Insurance Amount, (b) of the type and covering the same risks as from time to time applicable to aircraft and engines operated by the Owner Company (or any Permitted Lessee) of the same type which comprise the OwnerCompany’s (or such Permitted Lessee’s) fleet and (c) which is maintained in effect with insurers or reinsurers of recognized responsibility. The Owner Company need not maintain cargo liability insurance with respect to the Aircraft, or may maintain such insurance in an amount less than the Minimum Liability Insurance Amount, as long as the amount of cargo liability insurance, if any, maintained with respect to the an Aircraft is the same as the amount of such coverage which is maintained by the Owner Company for other Similar Aircraft aircraft owned or leased, and operated, by the OwnerCompany, operating on the same or similar routes.
2. During any period that the Aircraft an Aircraft, an Engine or an a Spare Engine is on the ground and not in operation, the Owner Company may carry or cause to be carried as to such non-operating property, in lieu of the insurance required by paragraph 1 above, and subject to the self-insurance to the extent permitted by Section D hereof, insurance otherwise conforming to the provisions of said paragraph 1 except that (a) the amounts of coverage shall not be required to exceed the amounts of bodily injury liability and property damage liability insurance from time to time applicable to aircraft or engines, as the case may be, owned or leased by the Owner Company (or any Permitted Lessee) of the same or similar type as the Aircraft Aircraft, Engine or a Spare Engine, as the case may be, and which are on the ground and not in operation and (b) the scope of the risks covered and the type of insurance shall be the same as from time to time shall be applicable to aircraft or engines, as the case may be, owned or leased by the Owner Company (or any Permitted Lessee) of the same or similar type and which are on the ground and not in operation.
Appears in 2 contracts
Samples: Mortgage and Security Agreement (United Air Lines Inc), Mortgage and Security Agreement (Ual Corp /De/)
Bodily Injury Liability and Property Damage Liability Insurance. 1. Except as provided in paragraph 2 of this Section A or Section 4.06(c) of the Trust Indenture, and subject to the self insurance to the extent permitted by Section D hereof, Owner will at all times carry and maintain or cause to be carried and maintained, at no expense to any Additional Insured, on a non-discriminatory basis, comprehensive airline liability insurance, including passenger legal liability, bodily injury liability, property damage liability and contractual liability (exclusive of manufacturer’s product liability insurance and including, without limitation, aircraft liability war risk and allied perils insurance, if and to the extent the same is maintained by Owner (or Permitted Lessee) with respect to other Similar Aircraft owned or leased, and operated by Owner (or Permitted Lessee) on the same routes) with respect to the Aircraft (a) in an amount per occurrence not less than the greater of (x) the amount of comprehensive airline legal liability insurance from time to time applicable to aircraft owned or leased and operated by Owner of the same type and operating on similar routes as the Aircraft and (y) the Minimum Liability Insurance Amount, (b) of the type and covering the same risks as from time to time applicable to aircraft operated by the Owner (or any Permitted Lessee) of the same type which comprise the Owner’s (or such Permitted Lessee’s) fleet and (c) which is maintained in effect with insurers or reinsurers of recognized responsibility. The Owner need not shall maintain cargo liability insurance with respect to the Aircraft, or may maintain such insurance in an amount not less than the Minimum Liability Insurance Amount, as long as the amount of cargo liability insurance, if any, insurance maintained with respect to the Aircraft is the same as the amount of such coverage which is maintained by the Owner for other Similar Aircraft owned or leased, and operated, operated by the Owner, operating on the same or similar routes.
2. During any period that the Aircraft or an Engine is on the ground and not in operation, the Owner may carry or cause to be carried as to such non-operating property, in lieu of the insurance required by paragraph 1 above, and subject to the self-insurance to the extent permitted by Section D hereof, insurance otherwise conforming to the provisions of said paragraph 1 except that (a) the amounts of coverage shall not be required to exceed the amounts of bodily injury liability and property damage liability insurance from time to time applicable to aircraft or engines, as the case may be, owned or leased by the Owner (or any Permitted Lessee) of the same or similar type as the Aircraft or Engine, as the case may be, which comprise the Owner’s (or such Permitted Lessee’s) fleet and which are on the ground and not in operation and (b) the scope of the risks covered and the type of insurance shall be the same as from time to time shall be applicable to aircraft or engines, as the case may be, owned or leased by the Owner (or any Permitted Lessee) of the same or similar type which comprise the Owner’s (or such Permitted Lessee’s) fleet and which are on the ground and not in operation.
Appears in 2 contracts
Samples: Trust Indenture and Mortgage (Jetblue Airways Corp), Trust Indenture and Mortgage (Jetblue Airways Corp)
Bodily Injury Liability and Property Damage Liability Insurance. 1. Except as provided in paragraph 2 of this Section A or Section 4.06(c) of A, the Trust Indenture, and subject to the self insurance to the extent permitted by Section D hereof, Owner Company will at all times carry and maintain or cause to be carried and maintained, at no expense to the Secured Party or any Additional Insuredof the Lenders, on a non-discriminatory basis, comprehensive airline liability insurance, including passenger legal liability, bodily injury liability, products liability, property damage liability and contractual liability (exclusive of manufacturer’s product liability insurance and including, without limitation, aircraft liability war risk and allied perils insurance, if and to the extent the same is maintained by Owner (or Permitted Lessee) with respect to other Similar Aircraft owned or leased, and operated by Owner (or Permitted Lessee) on the same routes) with respect to the Aircraft and the Engines (a) in an amount per occurrence not less than the greater of (x) the amount of comprehensive airline legal liability insurance from time to time applicable to aircraft owned or leased and operated by Owner the Company of the same type and operating on similar routes as the Aircraft and (y) the Minimum Liability Insurance Amount, (b) of the type and covering the same risks as from time to time applicable to aircraft operated by the Owner Company (or any lessee to whom such Engine is leased under and in accordance with Section 3.02(a) hereof, a “Permitted Lessee”) of the same type which comprise the OwnerCompany’s (or such Permitted Lessee’s) fleet and (c) which is maintained in effect with insurers or reinsurers of recognized responsibility. The Owner need not Company shall maintain cargo liability insurance with respect to the Aircraft, or may maintain such insurance in an amount not less than the Minimum Liability Insurance Amount, as long as the amount of cargo liability insuranceinsurance maintained for other aircraft operated by the Company. Such insurance shall in any event include cover for war risks and allied perils liability insurance in accordance with London form AVN52D as in effect on January 1, if any2005 or its substantive equivalent, or in the case that such coverage is maintained with respect to through the Aircraft is FAA, Chapter 443 of Title 49 of the same United States Code as in effect on January 1, 2005, and such war risks and allied perils liability insurance shall be for an amount not less than the greater of (i) the Minimum Liability Amount and (ii) the amount of such coverage which is maintained carried by the Owner for other Similar Aircraft Company in respect of similar aircraft owned or leased, and operated, otherwise operated by the Owner, operating on the same or similar routesCompany.
2. During any period that the Aircraft or an Engine is on the ground and not in operation, the Owner Company may carry or cause to be carried as to such non-operating propertycarried, in lieu of the insurance required by paragraph 1 above, and subject to the self-insurance to the extent permitted by Section D hereof, insurance otherwise conforming to the provisions of said paragraph 1 except that (a) the amounts of coverage shall not be required to exceed the amounts of bodily injury liability and property damage liability insurance from time to time applicable applicable, in the case of the Aircraft, to aircraft or engines, as the case may be, owned or leased by the Owner Company (or any Permitted Lessee) of the same or similar type as the Aircraft which comprise the Company’s (or such Permitted Lessee’s) fleet, or, in the case of an Engine, to engines owned or operated by the Company (or such Permitted Lessee) of the same type as the case may besuch Engine, and in any such case which are on the ground and not in operation and (b) the scope of the risks covered and the type of insurance shall be consistent with industry practice for airlines operating only similarly-sized equipment on similar routes and the same as from time to time shall be applicable applicable, in case of Aircraft, to aircraft or engines, as the case may be, owned or leased by the Owner Company (or any Permitted Lessee) of the same or similar type which comprise the Company’s (or such Permitted Lessee’s) fleet, or in the case of an Engine, to engines owned or operated by the Company (or such Permitted Lessee) of the same type as such Engine, and in any case which are on the ground and not in operation.
Appears in 1 contract
Samples: Loan Agreement (Flyi Inc)
Bodily Injury Liability and Property Damage Liability Insurance. 1. Except as provided in paragraph 2 of this Section A or Section 4.06(c) of the Trust IndentureA, and subject to the self insurance to the extent permitted by Section D hereof, Owner the Company will at all times carry and maintain or cause to be carried and maintained, at no expense to any Additional Insuredthe Security Trustee, on a non-discriminatory basis, comprehensive airline liability insurance, including passenger legal liability, bodily injury liability, products liability, property damage liability and contractual liability (exclusive of manufacturer’s 's product liability insurance and including, without limitation, aircraft liability war risk and allied perils insurance, if and to the extent the same is maintained by Owner (or Permitted Lessee) with respect to other Similar Aircraft owned or leased, and operated by Owner (or Permitted Lessee) on the same routes) with respect to the Aircraft and the Engines (a) in an amount per occurrence not less than the greater of (x) the amount of comprehensive airline legal liability insurance from time to time applicable to aircraft owned or leased and operated by Owner the Company of the same type and operating on similar routes as the Aircraft and (y) the Minimum Liability Insurance Amount, (b) of the type and covering the same risks as from time to time applicable to aircraft operated by the Owner Company (or any lessee to whom such Engine is leased under and in accordance with Section 3.02(viii) hereof, a "Permitted Lessee") of the same type which comprise the Owner’s Company's (or such Permitted Lessee’s's) fleet and (c) which is maintained in effect with insurers or reinsurers of recognized responsibility. The Owner need not Company shall maintain cargo liability insurance with respect to the Aircraft, or may maintain such insurance in an amount not less than the Minimum Liability Insurance Amount, as long as the amount of cargo liability insuranceinsurance maintained for other aircraft operated by the Company. Such insurance shall in any event include cover for war risks and allied perils liability insurance in accordance with London form AVN52D as in effect on September 1, if any2004 or its substantive equivalent, or in the case that such coverage is maintained with respect to through the Aircraft is FAA, Chapter 443 of Title 49 of the same United States Code as in effect on September 1, 2004 and such war risks and allied perils liability insurance shall be for an amount not less than the greater of (i) the Minimum Liability Amount and (ii) the amount of such coverage which is maintained carried by the Owner for other Similar Aircraft Company in respect of similar aircraft owned or leased, and operated, otherwise operated by the Owner, operating on the same or similar routesCompany.
2. During any period that the Aircraft or an Engine is on the ground and not in operation, the Owner Company may carry or cause to be carried as to such non-operating propertycarried, in lieu of the insurance required by paragraph 1 above, and subject to the self-insurance to the extent permitted by Section D hereof, insurance otherwise conforming to the provisions of said paragraph 1 except that (a) the amounts of coverage shall not be required to exceed the amounts of bodily injury liability and property damage liability insurance from time to time applicable applicable, in the case of the Aircraft, to aircraft or engines, as the case may be, owned or leased by the Owner Company (or any Permitted Lessee) of the same or similar type as the Aircraft which comprise the Company's (or such Permitted Lessee's) fleet, or, in the case of an Engine, to engines owned or operated by the Company (or such Permitted Lessee) of the same type as the case may besuch Engine, and in any such case which are on the ground and not in operation and (b) the scope of the risks covered and the type of insurance shall be consistent with industry practice for airlines operating only similarly-sized equipment on similar routes and the same as from time to time shall be applicable applicable, in case of Aircraft, to aircraft or engines, as the case may be, owned or leased by the Owner Company (or any Permitted Lessee) of the same or similar type which comprise the Company's (or such Permitted Lessee's) fleet, or in the case of an Engine, to engines owned or operated by the Company (or such Permitted Lessee) of the same type as such Engine, and in any case which are on the ground and not in operation.
Appears in 1 contract
Samples: Subordinated Engine Mortgage and Security Agreement (America West Holdings Corp)
Bodily Injury Liability and Property Damage Liability Insurance. 1. Except as provided in paragraph 2 of this Section A or Section 4.06(c3.06(c) of the Trust IndentureC Mortgage, and subject to the self insurance to the extent permitted by Section D hereof, Owner Company will at all times carry and maintain or cause to be carried and maintained, at no expense to any Additional Insured, on a non-discriminatory basis, comprehensive airline liability insurance, including passenger legal liability, bodily injury liability, property damage liability and contractual liability (exclusive of manufacturer’s product liability insurance and including, without limitation, aircraft liability war risk and allied perils insurance, if and to the extent the same is maintained by Owner Company (or Permitted Lessee) with respect to other Similar Aircraft aircraft owned or leased, and operated by Owner Company (or Permitted Lessee) on the same routes) with respect to the Aircraft and Spare Engine, as applicable, (a) in an amount per occurrence not less than the greater of (x) the amount of comprehensive airline legal liability insurance from time to time applicable to aircraft owned or leased and operated by Owner Company of the same type and operating on similar routes as the Aircraft and (y) the Minimum Liability Insurance Amount, (b) of the type and covering the same risks as from time to time applicable to aircraft and engines operated by the Owner Company (or any Permitted Lessee) of the same type which comprise the OwnerCompany’s (or such Permitted Lessee’s) fleet and (c) which is maintained in effect with insurers or reinsurers of recognized responsibility. The Owner Company need not maintain cargo liability insurance with respect to the Aircraft, or may maintain such insurance in an amount less than the Minimum Liability Insurance Amount, as long as the amount of cargo liability insurance, if any, maintained with respect to the an Aircraft is the same as the amount of such coverage which is maintained by the Owner Company for other Similar Aircraft aircraft owned or leased, and operated, by the OwnerCompany, operating on the same or similar routes.
2. During any period that the Aircraft an Aircraft, an Engine or an a Spare Engine is on the ground and not in operation, the Owner Company may carry or cause to be carried as to such non-operating property, in lieu of the insurance required by paragraph 1 above, and subject to the self-insurance to the extent permitted by Section D hereof, insurance otherwise conforming to the provisions of said paragraph 1 except that (a) the amounts of coverage shall not be required to exceed the amounts of bodily injury liability and property damage liability insurance from time to time applicable to aircraft or engines, as the case may be, owned or leased by the Owner Company (or any Permitted Lessee) of the same or similar type as the Aircraft Aircraft, Engine or a Spare Engine, as the case may be, and which are on the ground and not in operation and (b) the scope of the risks covered and the type of insurance shall be the same as from time to time shall be applicable to aircraft or engines, as the case may be, owned or leased by the Owner Company (or any Permitted Lessee) of the same or similar type and which are on the ground and not in operation.. ANNEX B [C Mortgage and Security Agreement]
Appears in 1 contract
Samples: Mortgage and Security Agreement
Bodily Injury Liability and Property Damage Liability Insurance. 1. Except as provided in paragraph 2 of this Section A or Section 4.06(c3.06(c) of the Trust IndentureMortgage, and subject to the self insurance to the extent permitted by Section D hereof, Owner the Grantor will at all times carry and maintain or cause to be carried and maintained, at no expense to any Additional Insured, on a non-discriminatory basis, comprehensive airline liability insurance, including passenger legal liability, bodily injury liability, property damage liability and contractual liability with respect to each Airframe and Engine (exclusive of manufacturer’s product liability insurance and including, without limitation, aircraft liability war risk and allied perils insuranceinsurance with respect to each Airframe and Engine, if and to the extent the same is maintained by Owner the Grantor (or Permitted Lessee) with respect to other Similar Aircraft similar types of airframes or engines, as applicable, owned or leased, and operated by Owner Grantor (or Permitted Lessee) on the same routes) with respect to the Aircraft each Airframe and Engine (a) in an amount per occurrence not less than the greater of (x) the amount of comprehensive airline legal liability insurance from time to time applicable to aircraft airframes or engines, as the case may be, owned or leased and operated by Owner Grantor of the same type and operating on similar routes as the Aircraft and (y) the Minimum Liability Insurance Amountapplicable Airframe or Engine, (b) of the type and covering the same risks as from time to time applicable to aircraft airframes or engines operated by the Owner Grantor (or any Permitted Lessee) of the same type which comprise the OwnerGrantor’s (or such Permitted Lessee’s) fleet and (c) which is maintained in effect with insurers or reinsurers of recognized responsibility. The Owner Grantor need not maintain cargo liability insurance with respect to the Aircraft, or may maintain such insurance in an amount less than the Minimum Liability Insurance Amountany Airframe, as long as the amount of cargo liability insurance, if any, maintained with respect to the Aircraft insurance is the same as the amount of such coverage which is not maintained by the Owner Grantor for other Similar Aircraft similar types of airframes owned or leased, and operated, by the OwnerGrantor, operating on the same or similar routes.
2. During any period that the Aircraft an Airframe or an Engine is on the ground and not in operation, the Owner Grantor may carry or cause to be carried as to such non-operating property, in lieu of the insurance required by paragraph 1 above, and subject to the self-insurance to the extent permitted by Section D hereof, insurance otherwise conforming to the provisions of said paragraph 1 except that (a) the amounts of coverage shall not be required to exceed the amounts of bodily injury liability and property damage liability insurance from time to time applicable to aircraft airframes or engines, as the case may be, owned or leased by the Owner Grantor (or any Permitted Lessee) of the same or similar type as the Aircraft Airframe or Engine, as the case may be, and which are on the ground and not in operation and (b) the scope of the risks covered and the type of insurance shall be the same as from time to time shall be applicable to aircraft or engines, as the case may be, owned or leased by the Owner Grantor (or any Permitted Lessee) of the same or similar type and which are on the ground and not in operation.. Mortgage and Security Agreement 1005973744v2
Appears in 1 contract
Samples: Delayed Draw Term Loan Credit Agreement (Jetblue Airways Corp)
Bodily Injury Liability and Property Damage Liability Insurance. 1. Except as provided in paragraph 2 of this Section A or Section 4.06(c) of the Trust IndentureA, and subject to the self insurance to the extent permitted by Section D hereof, Owner the Company will at all times carry and maintain or cause to be carried and maintained, at no expense to any Additional Insuredthe Security Trustee, on a non-discriminatory basis, comprehensive airline liability insurance, including passenger legal liability, bodily injury liability, products liability, property damage liability and contractual liability (exclusive of manufacturer’s 's product liability insurance and including, without limitation, aircraft liability war risk and allied perils insurance, if and to the extent the same is maintained by Owner (or Permitted Lessee) with respect to other Similar Aircraft owned or leased, and operated by Owner (or Permitted Lessee) on the same routes) with respect to the Aircraft and the Engines (a) in an amount per occurrence not less than the greater of (x) the amount of comprehensive airline legal liability insurance from time to time applicable to aircraft owned or leased and operated by Owner the Company of the same type and operating on similar routes as the Aircraft and (y) the Minimum Liability Insurance Amount, (b) of the type and covering the same risks as from time to time applicable to aircraft operated by the Owner Company (or any lessee to whom such Engine is leased under and in accordance with Section 3.02(a)(viii) hereof, a "Permitted Lessee") of the same type which comprise the Owner’s Company's (or such Permitted Lessee’s's) fleet and (c) which is maintained in effect with insurers or reinsurers of recognized responsibility. The Owner need not Company shall maintain cargo liability insurance with respect to the Aircraft, or may maintain such insurance in an amount not less than the Minimum Liability Insurance Amount, as long as the amount of cargo liability insuranceinsurance maintained for other aircraft operated by the Company. Such insurance shall in any event include cover for war risks and allied perils liability insurance in accordance with London form AVN52D as in effect on September 1, if any2004 or its substantive equivalent, or in the case that such coverage is maintained with respect to through the Aircraft is FAA, Chapter 443 of Title 49 of the same United States Code as in effect on September 1, 2004, and such war risks and allied perils liability insurance shall be for an amount not less than the greater of (i) the Minimum Liability Amount and (ii) the amount of such coverage which is maintained carried by the Owner for other Similar Aircraft Company in respect of similar aircraft owned or leased, and operated, otherwise operated by the Owner, operating on the same or similar routesCompany.
2. During any period that the Aircraft or an Engine is on the ground and not in operation, the Owner Company may carry or cause to be carried as to such non-operating propertycarried, in lieu of the insurance required by paragraph 1 above, and subject to the self-insurance to the extent permitted by Section D hereof, insurance otherwise conforming to the provisions of said paragraph 1 except that (a) the amounts of coverage shall not be required to exceed the amounts of bodily injury liability and property damage liability insurance from time to time applicable applicable, in the case of the Aircraft, to aircraft or engines, as the case may be, owned or leased by the Owner Company (or any Permitted Lessee) of the same or similar type as the Aircraft which comprise the Company's (or such Permitted Lessee's) fleet, or, in the case of an Engine, to engines owned or operated by the Company (or such Permitted Lessee) of the same type as the case may besuch Engine, and in any such case which are on the ground and not in operation and (b) the scope of the risks covered and the type of insurance shall be consistent with industry practice for airlines operating only similarly-sized equipment on similar routes and the same as from time to time shall be applicable applicable, in case of Aircraft, to aircraft or engines, as the case may be, owned or leased by the Owner Company (or any Permitted Lessee) of the same or similar type which comprise the Company's (or such Permitted Lessee's) fleet, or in the case of an Engine, to engines owned or operated by the Company (or such Permitted Lessee) of the same type as such Engine, and in any case which are on the ground and not in operation.
Appears in 1 contract
Samples: Engine Mortgage and Security Agreement (America West Holdings Corp)