Corrections and Subsequent Corrections. To the extent that the Aircraft or any Engine fails upon a Return Occasion to conform to any requirement imposed by this Lease Lessor may, at its option, (i) continue the Lease in effect in the manner provided for in Section 16(f) above with regard to automatic extension until such time as such Aircraft is brought up to the condition required by this Section 16, including Exhibit E, or (ii) accept the return of such Aircraft and thereafter have any such nonconformance corrected, at such time as Lessor may deem appropriate but not to commence later than ninety (90) days following the return of such Aircraft, at commercial rates then charged by the Person selected by Lessor to perform such correction. The Letter of Credit shall not be released and any costs and expenses (including, materials and labor) incurred by Lessor for such correction shall be indemnified by Lessee in favor of Lessor (and prior to the end of the Term, Lessee shall make adequate provision to Lessor's satisfaction in respect of such indemnity) and shall become Supplemental Rent payable by Lessee within ten (10) days following the submission of a written statement by Lessor to Lessee, 97 identifying the items corrected and setting forth the expense of such correction. Lessee's obligations to pay such Supplemental Rent shall survive the Expiration Date or other termination of this Lease.
Appears in 1 contract
Samples: Aircraft Lease Agreement (America West Airlines Inc)
Corrections and Subsequent Corrections. To In the extent event that the Aircraft or any Engine fails upon a Return Occasion the return thereof hereunder to conform to any return condition requirement imposed by this Lease Lessor mayand particularly Section 16.2 and Exhibit C hereof, and without prejudice to the right of Lessee to claim that the Aircraft did comply with such return condition requirement, Lessee shall, at its optionthe sole option of Lessor, either (i) continue the Lease in effect in effect, including the manner provided for in Section 16(f) above with regard obligation to automatic extension pay Basic Rent hereunder, until such time as such Lessee brings the Aircraft is brought up to the condition required by this Section 16, including Exhibit E16.2 hereof, or (ii) accept return the return of such Aircraft to Lessor and thereafter reimburse Lessor for all costs reasonably incurred by Lessor to have any such nonconformance corrected, at such time as Lessor may deem appropriate but not to commence later than ninety (90) days following the return of such Aircraft, at commercial rates then charged by the Person selected by Lessor to perform such correction. The Letter of Credit shall not be released and any costs and expenses (including, materials and labor) Any direct expense incurred by Lessor for such correction shall be indemnified by Lessee in favor of Lessor (and prior to the end of the Term, Lessee shall make adequate provision to Lessor's satisfaction in respect of such indemnity) and shall become Supplemental Rent payable by Lessee within ten thirty (1030) days following the submission of a written statement by Lessor to Lessee, 97 identifying the items Items corrected and setting forth the expense of such correction. Lessee's obligations to pay such Supplemental Rent shall survive the Expiration Date expiration or other termination of this Lease.
Appears in 1 contract
Samples: Aircraft Lease Agreement (Frontier Airlines Inc /Co/)
Corrections and Subsequent Corrections. To the extent that the Aircraft or any Engine fails upon a Return Occasion to conform to any requirement imposed by this Lease Lessor may, at its option, (i) continue the Lease in effect in the manner provided for in Section 16(f) above with regard to automatic extension until such time as such Aircraft is brought up to the condition required by this Section 16, including Exhibit E, or (ii) accept the return of such Aircraft and thereafter have any such nonconformance corrected, at such time as Lessor may deem appropriate but not to commence later than ninety (90) days following the return of such Aircraft, at commercial rates then charged by the Person selected by Lessor to perform such correction. The Letter of Credit shall not be released and any costs and expenses (including, materials and labor) incurred by Lessor for such correction shall be indemnified by Lessee in favor of Lessor (and prior to the end of the Term, Lessee shall make adequate provision to Lessor's satisfaction in respect of such indemnity) and shall become Supplemental Rent payable by Lessee within ten (10) days following the submission of a written statement by Lessor to Lessee, 97 identifying the items corrected and setting forth the expense of such correction. Lessee's obligations to pay such Supplemental Rent shall survive the Expiration Date or other termination of this Lease.
Appears in 1 contract
Samples: Aircraft Lease Agreement (America West Airlines Inc)
Corrections and Subsequent Corrections. To the extent that the Aircraft or any Engine fails upon a Return Occasion to conform to any requirement imposed by this Lease Lessor may, at its option, (i) continue the Lease in effect in the manner provided for in Section 16(f) above with regard to automatic extension until such time as such Aircraft is brought up to the condition required by this Section 16, including Exhibit E, or (ii) accept the return of such Aircraft and thereafter have any such nonconformance corrected, at such time as Lessor may deem appropriate but not to commence later than ninety (90) days following the return of such Aircraft, at commercial rates then charged by the Person selected by Lessor to perform such correction. The Letter of Credit shall not be released and any costs and expenses (including, materials and labor) incurred by Lessor for such correction shall be indemnified by Lessee in favor of Lessor (and prior to the end of the Term, Lessee shall make adequate provision to Lessor's satisfaction in respect of such indemnity) and shall become Supplemental Rent payable by Lessee within ten (10) days following the submission of a written statement by Lessor to Lessee, 97 identifying the items corrected and setting forth the expense of such correction. Lessee's obligations to pay -93- 95 such Supplemental Rent shall survive the Expiration Date or other termination of this Lease.
Appears in 1 contract
Samples: Aircraft Lease Agreement (America West Airlines Inc)