Exclusion of Benefits a. Benefits shall not be payable for a disability resulting from:
(1) Disease or bodily injury willfully and intentionally self-inflicted.
(2) Injury incurred or disease contracted prior to becoming an employee of the South Brunswick School System, unless employed for more than three years in this system.
(3) Declared or undeclared war, insurrection, invasion, rebellion, Civil War, or Civil Riot.
b. Benefits shall not be payable while a salary is being paid through the use of accumulated sick leave.
Exclusion of Benefits. The intent of this Guarantee is to provide specified benefits to JetBlue as a result of the failure of Eligible Engines to achieve the reliability level stipulated in the Guarantee. It is not the intent, however, to duplicate benefits provided to JetBlue under any other applicable guarantee, sales warranty, service policy, or any special benefit of any kind as a result of the same failure. Therefore, the terms and conditions of this Guarantee notwithstanding, if the terms of this Guarantee should make duplicate benefits available to JetBlue from IAE or any third-party, JetBlue may elect to receive the benefits under this Guarantee or under any of the other benefits described above, but not both. EXHIBIT D-6 V2500 INFLIGHT SHUTDOWN GUARANTEE V2500 INFLIGHT SHUTDOWN GUARANTEE I INTRODUCTION IAE assures JetBlue that by the end of the fifteen [****] period commencing with JetBlue's first commercial operation of Aircraft (including for purposes of this Guarantee, the Leased Aircraft) powered by V2500 Engines, the cumulative Engine Inflight Shutdown Rate will not exceed a Guaranteed Rate of [****] per 1000 Eligible Engine flight hours. Under this Guarantee, if the cumulative Eligible Inflight Shutdown Rate is determined to have exceeded the Guaranteed Rate over the Period of Guarantee, IAE will credit JetBlue's account with IAE an amount of [****] U.S. Dollars for each Eligible Inflight Shutdown determined to have been in excess of the Guaranteed Rate.
Exclusion of Benefits. The intent of this Guarantee is to provide specified benefits to New Air as a result of the failure of Eligible Engines to achieve the performance level stipulated in the Guarantee. It is not the intent, however, to duplicate benefits provided to New Air by IAE or any other source under any applicable guarantee, sales warranty, service policy, or any special benefit of any kind as a result of the same failure. Therefore, the terms and conditions of this Guarantee notwithstanding, if the terms of this Guarantee should make duplicate benefits available to New Air, New Air may elect to receive the benefits under this Guarantee or under any of the other benefits described above, but not both. EXHIBIT D-8 V2500 EXHAUST GAS TEMPERATURE GUARANTEE V2500 EXHAUST GAS TEMPERATURE GUARANTEE I INTRODUCTION IAE assures New Air that during the first [****] hours of operation of each V2500 Engine (including for purposes of this Guarantee, the Leased Aircraft), the maximum stabilized takeoff exhaust gas temperature will not exceed the Certified Limit. Under this Guarantee if it is confirmed that the Certified Limit has been exceeded, IAE will credit New Air's account with IAE in the amount of [****] USD. For the purpose of this Guarantee, the Certified Limit is exceeded if the Engine will not achieve the specified engine pressure ratio for takeoff thrust without exceeding the Certified Limit for its Exhaust Gas Temperature.
Exclusion of Benefits. The intent of this Guarantee is to provide specified benefits to JetBlue as a result of the failure of Eligible Engines to achieve the reliability level stipulated in the Guarantee. It is not the intent, however, to duplicate benefits provided to JetBlue under any other applicable guarantee, sales warranty, service policy, or any special benefit of any kind as a result of the same failure. Therefore, the terms and conditions of this Guarantee notwithstanding, if the terms of this Guarantee should make duplicate benefits available to JetBlue from IAE or any third-party, JetBlue may elect to receive the benefits under this Guarantee or under any of the other benefits described above, but not both. May 2001 Page 27 of 43 EXHIBIT D-7 V2500 FUEL CONSUMPTION RETENTION GUARANTEE May 2001 Page 28 of 43 V2500-A5 FUEL CONSUMPTION RETENTION GUARANTEE I INTRODUCTION IAE assures JetBlue that during the [****] year period commencing with JetBlue's first commercial operation of Aircraft (including for purposes of this Guarantee, the Leased Aircraft) powered by V2500-A5 Engines, the fleet average cruise fuel consumption for Eligible Engines will not have increased by more than a Guaranteed Rate of [****]. Under this Guarantee, if the fleet average cruise fuel consumption for Eligible Engines exceeds the Guaranteed Rate at the end of the Guarantee Period, IAE will credit JetBlue's account with IAE an amount in respect of excess fuel consumed for that portion of the Period of the Guarantee that the Guarantee level has been exceeded.
Exclusion of Benefits. The intent of this Guarantee is to provide specified benefits to New Air as a result of the failure of Eligible Engines to achieve the performance level stipulated in the Guarantee. It is not the intent, however, to duplicate benefits provided to New Air under any other applicable guarantee, sales warranty, service policy, or any special benefit of any kind as a result of the same failure. Therefore, the terms and conditions of this Guarantee notwithstanding, if the terms of this Guarantee should make duplicate benefits available to New Air from IAE or any third-party, New Air may elect to receive the benefits under this Guarantee or under any of the other benefits described above, but not both. EXHIBIT D-9 V2500 MAINTENANCE COST GUARANTEE V2500 MAINTENANCE COST GUARANTEE I INTRODUCTION IAE assures New Air that by the end of the [****] year period commencing with New Air's first commercial operation of Aircraft (including for purposes of this Guarantee, the Leased Aircraft) powered by V2500 Engines, the cumulative cost of Eligible Maintenance for Eligible Engines will not, subject to escalation, exceed a Guaranteed Cost Rate of U.S. [****] per Eligible Engine flight hour. Under this Guarantee, if the cumulative cost per Eligible Engine flight hour for Eligible Maintenance of New Air's Engines over the Period of the Guarantee exceeds the escalated Guaranteed Cost Rate, IAE will credit New Air's account with IAE an amount of [****] of the excess.
Exclusion of Benefits. The intent of this Guarantee is to provide specified benefits to AAH as a result of the failure of Eligible Engines to achieve the exhaust gas temperature level stipulated in the Guarantee. It is not the intent, however, to duplicate benefits provided to AAH under any other applicable guarantee, sales warranty, service policy, or any special benefit of any kind as a result of the same failure. Therefore, the terms and conditions of this Guarantee notwithstanding, if the terms of this Guarantee should make duplicate benefits available to AAH from IAE or any third-party, AAH may elect to receive the benefits under this Guarantee or under any of the other benefits described above, but not both. THIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO IAE. * [Four pages have been omitted in accordance with a request for confidential treatment.] THIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO IAE. * [Four pages have been omitted in accordance with a request for confidential treatment.] THIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO IAE. * [Four pages have been omitted in accordance with a request for confidential treatment.] THIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO IAE. THIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO IAE. I INTRODUCTION IAE assures AAH that by the end of the [*] period commencing with AAH’s first commercial operation of Aircraft powered by V2500 Engines, the cumulative Remote Site Removal Rate will not exceed a Guaranteed Rate of [*] Eligible Engine flight hours. Under this Guarantee, if the cumulative Eligible Remote Site Removal Rate is determined to have exceeded the Guaranteed Rate over the Period of Guarantee, IAE will credit AAH’s account with IAE an amount of [*] for each Eligible Remote Site Removal determined to have been in excess of the Guaranteed Rate. II GUARANTEE
Exclusion of Benefits. The intent of this Guarantee is to provide specified benefits to AAH as a result of the failure of Eligible Engines to achieve the fuel consumption retention level stipulated in the Guarantee. It is not the intent, however, to duplicate benefits provided to AAH from any third-party. Therefore, the terms and conditions of this Guarantee notwithstanding, if the terms of this Guarantee should make duplicate benefits available to AAH from any third-party, AAH may elect to receive the benefits under this Guarantee or under any of the other benefits described above, but not both. THIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO IAE. THIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO IAE.
Exclusion of Benefits. The intent of this Guarantee is to provide specified benefits to AAH as a result of the failure of Eligible Engines to achieve the remote site removal level stipulated in the Guarantee. It is not the intent, however, to duplicate benefits provided to AAH from any third-party. Therefore, the terms and conditions of this Guarantee notwithstanding, if the terms of this Guarantee should make duplicate benefits available to AAH from any third-party, AAH may elect to receive the benefits under this Guarantee or under any of the other benefits described above, but not both.
Exclusion of Benefits. The intent of this Guarantee is to provide specified benefits to JetBlue as a result of the failure of Eligible Engines to achieve the maintenance cost level stipulated in the Guarantee. It is not the intent, however, to duplicate benefits provided to JetBlue under any other applicable guarantee, sales warranty, service policy, or any special benefit of any kind as a result of the same failure. Therefore, the terms and conditions of this Guarantee notwithstanding, if the terms of this Guarantee should make duplicate benefits available to JetBlue from IAE or any third-party, JetBlue may elect to receive the benefits under this Guarantee or under any of the other benefits described above, but not both. APPENDIX A MCG ESCALATION FORMULA
Exclusion of Benefits. The intent of this Guarantee is to provide specified benefits to New Air as a result of the failure of Eligible Engines to achieve the maintenance cost level stipulated in the Guarantee. It is not the intent, however, to duplicate benefits provided to New Air under any other applicable guarantee, sales warranty, service policy, or any special benefit of any kind as a result of the same failure. Therefore, the terms and conditions of this Guarantee notwithstanding, if the terms of this Guarantee should make duplicate benefits available to New Air from IAE or any third-party, New Air may elect to receive the benefits under this Guarantee or under any of the other benefits described above, but not both. [LETTERHEAD] May 4, 1999 Xx. Xxxxx X. Neeleman New Air Corporation 6322 South 0000 Xxxx Xxxxx X000 Xxxx Xxxx Xxxx, Xxxx 00000 Subject: Side Letter No. 1 to the V2500 General Terms of Sale between IAE International Aero Engines AG ("IAE") and New Air Corporation ("New Air") dated May 4, 1999 Gentlemen: We refer to the V2500 General Terms of Sale bearing reference marks P:\NewAir\airgta.doc dated May 4, 1999 between IAE and New Air such contract being hereinafter referred to as the "Contract." Capitalized terms used herein and not otherwise defined in this Side Letter No. 1 shall have the meanings assigned thereto in the Contract. This Side Letter No. 1 provides for certain financial assistance from IAE to New Air in support of the integration of the Aircraft into its fleet.
