Damaged Aircraft. (a) If an Aircraft is damaged and the ACMI Services cannot be satisfactorily performed in accordance with the terms of this Agreement, Airco will (i) promptly notify Groundco, (ii) use commercially reasonable efforts to repair the Aircraft and return it to service as soon as possible and (iii) liaise and cooperate with Groundco regarding the course of action which is adopted. At the request of Groundco, Airco will use commercially reasonable efforts to arrange for the use of a suitable substitute aircraft during any period during which the damaged Aircraft may be unavailable. If the damage to the Aircraft was the fault of Airco, Airco will hold Groundco harmless from all liabilities, costs and expenses arising from such use of a substitute aircraft to the extent that Groundco would not have been responsible for such liabilities, costs and expenses if they had been performed with an Aircraft in accordance with the terms of this Agreement. If the damage to the Aircraft was the fault of Groundco, Groundco will hold Airco harmless from all liabilities, costs and expenses arising from such use of a substitute aircraft to the extent that Airco would not have been responsible for such liabilities, costs and expenses if they had been performed with an Aircraft in accordance with the terms of this Agreement.
(b) In the event that Airco is unable to provide any or all transportation services on a particular date within a time-frame reasonably satisfactory to Groundco with an Aircraft or a substitute aircraft in accordance with Section 14.1(a), due to causes other than Force Majeure, Groundco may make any reasonable or necessary arrangements with other air carriers to provide the ACMI Services as provided for in this Agreement. All such costs shall be for the account of Groundco and Airco's sole liability to Groundco shall be the reduction in the amount payable to Airco under this Agreement by reason of it not performing its obligations hereunder; provided, however, that to the extent it becomes necessary to repair or replace any Aircraft, spare part or item of equipment due to the gross negligence or willful misconduct of Airco, Airco shall bear directly the costs of such repair or replacement; and provided, further, that if such costs are covered by insurance, Airco shall nevertheless be responsible for the costs of any deductible required to be paid under any applicable insurance policy.
Damaged Aircraft. 41 Section 14.2
