Certain Rights and Obligations of the Parties. (a) Anything herein contained to the contrary notwithstanding: (i) Assignor shall at all times remain liable to the Manufacturer under the Purchase Agreement in respect of the Aircraft to perform all of the duties and obligations of "Buyer" thereunder to the same extent as if this Assignment had not been executed; (ii) the exercise by Assignee of any of the rights assigned hereunder shall not release Assignor from any of its duties or obligations to the Manufacturer under the Purchase Agreement in respect of the Aircraft except to the extent that such exercise by Assignee shall constitute performance of such duties and obligations; and (iii) except as provided in paragraph 4(b) hereof, Assignee shall not have any obligation or liability under the Purchase Agreement by reason of, or arising out of, this Assignment or be obligated to perform any of the obligations or duties of Assignor under the Purchase Agreement or to make any payment or make any inquiry as to the sufficiency of any payment received by it or to present or to file any claim or to take any other action to collect or enforce any claim for any payment assigned hereunder.
Appears in 11 contracts
Samples: Purchase Agreement (Northwest Airlines Corp), Purchase Agreement (Northwest Airlines Corp), Purchase Agreement (Northwest Airlines Inc /Mn)
Certain Rights and Obligations of the Parties. (a) Anything herein contained to the contrary notwithstanding: (i) Assignor shall at all times remain liable to the Manufacturer Supplier under the Purchase Agreement in respect of the Aircraft to perform all of the duties and obligations of "BuyerNorthwest" thereunder to the same extent as if this Assignment had not been executed; (ii) the exercise by Assignee of any of the rights assigned hereunder shall not release Assignor from any of its duties or obligations to the Manufacturer Supplier under the Purchase Agreement in respect of the Aircraft except to the extent that such exercise by Assignee shall constitute performance of such duties and obligations; and (iii) except as provided in paragraph 4(b) hereof, neither Assignee nor any of its successors or assigns shall not have any obligation or liability under the Purchase Agreement by reason of, or arising out of, this Assignment or be obligated to perform any of the obligations or duties of Assignor under the Purchase Agreement or to make any payment or make any inquiry as to the sufficiency of any payment received by it or to present or to file any claim or to take any other action to collect or enforce any claim for any payment assigned hereunder.
Appears in 5 contracts
Samples: Purchase Agreement (Northwest Airlines Corp), Purchase Agreement (Northwest Airlines Corp), Purchase Agreement (Northwest Airlines Corp)
Certain Rights and Obligations of the Parties. (a) Anything herein contained to the contrary notwithstanding: (i) Assignor shall at all times remain liable to the Manufacturer under the Purchase Agreement in respect of the Aircraft to perform all of the duties and obligations of the "BuyerCustomer" thereunder to the same extent as if this Assignment had not been executed; (ii) the exercise by Assignee of any of the rights assigned hereunder shall not release Assignor from any of its duties or obligations to the Manufacturer under the Purchase Agreement in respect of the Aircraft except to the extent that such exercise by Assignee shall constitute constitutes performance of such duties and obligations; and (iii) except as provided in paragraph 4(b) hereof, Assignee shall not have any obligation or liability under the Purchase Agreement by reason of, or arising out of, this Assignment or be obligated to perform any of the obligations or duties of Assignor under the Purchase Agreement or to make any payment or make any inquiry as to the sufficiency of any payment received by it or to present or to file any claim or to take any other action to collect or enforce any claim for any payment assigned hereunder.
Appears in 1 contract
Samples: Indenture and Security Agreement (Delta Air Lines Inc /De/)
Certain Rights and Obligations of the Parties. (a) Anything herein contained to the contrary notwithstanding: , (i) Assignor the Seller shall at all times remain liable to the Manufacturer and Engine Manufacturer under the Purchase Agreement and GTA in respect of the Aircraft to perform all of the its duties and obligations of "Buyer" thereunder to the same extent as if this Purchase Agreement Assignment had not been executed; , (ii) the exercise by Assignee the Buyer of any of the rights assigned hereunder shall not release Assignor the Seller from any of its duties or obligations to the Manufacturer and Engine Manufacturer under the Purchase Agreement and GTA in respect of the Aircraft except to the extent that such exercise by Assignee the Buyer shall constitute performance of such duties and obligations; , and (iii) except as provided in paragraph 4(bSection 6(b) hereof, Assignee neither the Buyer, the Indenture Trustee nor the Loan Certificate Holders shall not have any obligation or liability under the Purchase Agreement or GTA by reason of, or arising out of, this Purchase Agreement Assignment or be obligated to perform any of the obligations or duties of Assignor the Seller under the Purchase Agreement or GTA or to make any payment or make any inquiry as to the sufficiency of any payment received by it or to present or to file any claim or to take any other action to collect or enforce any claim for any payment assigned hereunder.thereunder. Notwithstanding anything in this Purchase Agreement Assignment or the attached Engine Consent and Agreement to the contrary, the Buyer and the Seller confirm expressly for the benefit of the Engine Manufacturer that:
Appears in 1 contract
Samples: Assignment and Assumption Agreement (Federal Express Corp)