Certain Agreements of Lessee. All obligations of Lessee in this Lease shall be done, performed or complied with at Lessee's cost and expense, whether or not so expressed, unless otherwise expressly stated. Lessee hereby agrees with Lessor for the benefit of the Participants that it shall perform the agreements, covenants and indemnities set forth in the Participation Agreement (including, without limitation, Sections 7(b) and 7(c) of the Participation Agreement) which are incorporated herein, and hereby restates Lessee's representations and warranties set forth in the Participation Agreement and the Tax Indemnity Agreement, as fully and to the same extent and with the same force and effect as if set forth in full in this Section 4.2.
Certain Agreements of Lessee. The Lessee will take, or cause to be taken, at the Lessee's cost and expense, such action with respect to the recording, filing, re-recording and re-filing of this Lease, each Lease Supplement, the Trust Agreement, the Indenture, each Indenture Supplement and any financing statements or other instruments as are necessary or requested by the Owner Participant or the Indenture Trustee and appropriate, to maintain, so long as the Indenture or this Lease is in effect, the perfection of the security interest created by the Indenture and any security interest that may be claimed to have been created by this Lease and the ownership interest of the Owner Trustee in the Aircraft, and will furnish to the Owner Trustee, the Indenture Trustee and the Owner Participant timely notice of the necessity of such action, together with such instruments, in execution form, and such other information as may be required to enable them to take such action.
Certain Agreements of Lessee. The Lessee will take, or cause to be taken, at the Lessee's cost and expense, such action with respect to the recording, filing, re-recording and re-filing of this Lease, each Lease Supplement, the Trust Agreement and any financing statements or other instruments as are necessary or requested by the Owner Participant and appropriate, to maintain any security interest that may be claimed to have been created by this Lease and the ownership interest of the Owner Trustee in the Aircraft, and will furnish to the Owner Trustee and the Owner Participant -44- timely notice of the necessity of such action, together with such instruments, in execution form, and such other information as may be required to enable them to take such action.
Certain Agreements of Lessee. All obligations of Lessee in this Lease shall be done, performed or complied with at Lessee's cost and expense, whether or not so expressed, unless otherwise expressly stated. Lessee hereby agrees with Lessor for the benefit of Owner Participant that it shall perform the agreements, covenants and indemnities set forth in the Participation Agreement (including, without limitation, Sections 8.1 and 8.2 of the Participation Agreement) which are incorporated herein, and hereby restates Lessee's representations and warranties set forth in the Participation Agreement, SALE AND LEASE AGREEMENT 11 as fully and to the same extent and with the same force and effect as if set forth in full in this Section 4.2.
Certain Agreements of Lessee. 11 Section 5. Return of Aircraft ............................................... 12 5.1 General Condition upon Return ............................. 12
Certain Agreements of Lessee. The Lessee will take, or cause to be taken, at the Lessee's cost and expense, such action with respect to the recording, filing, re-recording and re-filing of this Lease, each Lease Supplement, the Trust Agreement and any financing statements or other instruments as are necessary or requested by the Owner Participant and appropriate, to maintain any security interest that may be claimed to have been created by this Lease and the ownership interest of the Owner Trustee in the Aircraft, and will furnish to the Owner Trustee and the Owner Participant timely notice of the necessity of such action, together with such instruments, in execution form, and such other information as may be required to enable them to take such action.
Certain Agreements of Lessee. Lessee agrees with Lessor that it shall perform the agreements, covenants and indemnities of Lessee set forth in Sections 7, 8, 10, 11 and 14 of the Participation Agreement as fully and to the same extent and with the same force and effect as if set forth in full in this Section 4(b).
Certain Agreements of Lessee. Lessee hereby agrees with Lessor that it shall perform the agreements, covenants and indemnities set forth in the Participation Agreement and the Tax Indemnity Agreement, and hereby restates Lessee's representations and warranties set forth in the Participation Agreement, in each case as fully and to the same extent and with the same force and effect as if set forth in full in this Section 8.
Certain Agreements of Lessee. 11 Section 5.
Certain Agreements of Lessee. LESSOR'S REPRESENTATIONS AND WARRANTIES
5.1 LESSEE ACKNOWLEDGES THAT LESSOR IS NOT A MANUFACTURER OF THE AIRCRAFT AND HAS NOT INSPECTED THE AIRCRAFT PRIOR TO DELIVERY TO AND ACCEPTANCE BY LESSEE. LESSEE (I) ACKNOWLEDGES AND AGREES THAT THE AIRCRAFT IS A USED AIRCRAFT AND IS BEING DELIVERED BY LESSOR TO LESSEE "AS IS" AND "WHERE IS" AND THAT NO CONDITION, WARRANTY OR REPRESENTATION OF ANY KIND WHATSOEVER HAS BEEN OR IS GIVEN BY OR IS TO BE IMPLIED ON THE PART OF LESSOR IN RELATION TO THE AIRCRAFT EXCEPT AS SPECIFICALLY PROVIDED IN THIS LEASE, (II) HEREBY WAIVES AS BETWEEN ITSELF AND LESSOR ALL OF ITS RIGHTS, EXPRESS OR IMPLIED (WHETHER STATUTORY OR OTHERWISE) AGAINST LESSOR IN THE AIRCRAFT EXCEPT AS SPECIFICALLY PROVIDED IN THIS LEASE, RELATING TO (AND LESSOR WILL BE DEEMED TO HAVE EXPRESSLY DISCLAIMED ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO) THE CAPACITY, AGE, QUALITY, DESCRIPTION, STATE, CONDITION, VALUE, WORKMANSHIP, DESIGN, CONSTRUCTION, USE, OPERATION, PERFORMANCE OR COMPLIANCE WITH SPECIFICATIONS THEREOF OR THE LEASING THEREOF BY LESSOR TO LESSEE OR TO THE MERCHANTABILITY OR SUITABILITY OF THE AIRCRAFT OR ITS FITNESS FOR ANY USE OR FOR A PARTICULAR PURPOSE OF THE AIRCRAFT OR ANY PART THEREOF, OR AS TO ITS AIRWORTHINESS OR AS TO THE QUALITY OF THE MATERIALS OR WORKMANSHIP WITH RESPECT TO THE AIRCRAFT OR ANY PART THEREOF, OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE ABSENCE OF ANY INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, OR AS TO THE ABSENCE OF ANY OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, AND (III) AGREES THAT ALL RISKS OF THE FOREGOING NATURE, WHETHER PATENT OR LATENT, ARE TO BE BORNE BY LESSEE OTHER THAN RISKS (A) RESULTING FROM THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF LESSOR, OR ANY SUCCESSOR, ASSIGNEE, DIRECTOR, OFFICER, AGENT OR EMPLOYEE OF LESSOR (UNLESS SUCH WILLFUL MISCONDUCT OR GROSS NEGLIGENCE RESULTS FROM THE ACTS OR OMISSIONS OF LESSEE ON BEHALF OF LESSOR), (B) WITH RESPECT TO THE AIRCRAFT, THE AIRFRAME, ANY ENGINE OR PROPELLER, SO LONG AS NO DEFAULT OR EVENT OF DEFAULT EXISTS, TO THE EXTENT ATTRIBUTABLE TO ACTS OR EVENTS (EXCEPT ACTS OR EVENTS ATTRIBUTABLE TO OR DESCRIBED HEREUNDER AS A DEFAULT OR EVENT OF DEFAULT, WHETHER OR NOT DECLARED) THAT OCCUR AFTER THE AIRCRAFT, THE AIRFRAME, ANY ENGINE OR PROPELLER, AS THE CASE MAY BE, ARE NO LONGER LEASED UNDER THE LEASE AND AFTER POSSESSION OF THE AIRCRAFT, THE AIRFRAME, ANY ENGINE OR PROPELLER, AS THE CASE MAY BE,...
