Common use of Exclusion of Benefits Clause in Contracts

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 performance 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-9 V2500 MAINTENANCE COST GUARANTEE V2500 MAINTENANCE COST GUARANTEE I INTRODUCTION IAE assures JetBlue that by the end of the [****] year 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 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 JetBlue's Engines over the Period of the Guarantee exceeds the escalated Guaranteed Cost Rate, IAE will credit JetBlue's account with IAE an amount of [****] of the excess.

Exclusion of Benefits. The intent of this Guarantee is to provide specified benefits to JetBlue 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 JetBlue 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 JetBlue New Air from IAE or any third-party, JetBlue 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 JetBlue New Air that by the end of the [****] year period commencing with JetBlueNew 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 JetBlueNew Air's Engines over the Period of the Guarantee exceeds the escalated Guaranteed Cost Rate, IAE will credit JetBlueNew 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 JetBlue as a result of the failure of Eligible Engines to achieve the performance 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-9 D-7 V2500 MAINTENANCE COST FUEL CONSUMPTION RETENTION GUARANTEE V2500 MAINTENANCE COST May 2001 Page 28 of 43 V2500-A5 FUEL CONSUMPTION RETENTION GUARANTEE I INTRODUCTION IAE assures JetBlue that by the end of 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 V2500-A5 Engines, the cumulative cost of Eligible Maintenance fleet average cruise fuel consumption for Eligible Engines will not, subject to escalation, exceed not have increased by more than a Guaranteed Cost Rate of U.S. [****] per Eligible Engine flight hour]. Under this Guarantee, if the cumulative cost per Eligible Engine flight hour fleet average cruise fuel consumption for Eligible Maintenance of JetBlue's Engines over exceeds the Period Guaranteed Rate at the end of the Guarantee exceeds the escalated Guaranteed Cost RatePeriod, IAE will credit JetBlue's account with IAE an amount in respect of [****] excess fuel consumed for that portion of the excessPeriod of the Guarantee that the Guarantee level has been exceeded.

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 performance 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-9 D-5 V2500 MAINTENANCE COST GUARANTEE DELAY AND CANCELLATION V2500 MAINTENANCE COST GUARANTEE DELAY AND CANCELLATION I INTRODUCTION IAE assures JetBlue that by the end of the fifteen [****] year 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 cost of Eligible Maintenance for Eligible Engines Engine-caused Delay and Cancellation Rate will not, subject to escalation, not exceed a Guaranteed Cost Rate of U.S. [****] per Eligible Engine flight hour100 Aircraft departures. Under this Guarantee, if the cumulative cost per Eligible Engine flight hour for Eligible Maintenance of JetBlue's Engines Engine-caused Delay and Cancellation Rate is determined to have exceeded the Guaranteed Rate over the Period of the Guarantee exceeds the escalated Guaranteed Cost RateGuarantee, IAE will credit JetBlue's account with IAE an amount of [****] U.S. Dollars for each excess Eligible Delay and Cancellation determined to have been in excess of the excessGuaranteed Rate.

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 performance 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-9 D-6 V2500 MAINTENANCE COST INFLIGHT SHUTDOWN GUARANTEE V2500 MAINTENANCE COST INFLIGHT SHUTDOWN GUARANTEE I INTRODUCTION IAE assures JetBlue that by the end of the fifteen [****] year 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 cost of Eligible Maintenance for Eligible Engines Engine Inflight Shutdown Rate will not, subject to escalation, not exceed a Guaranteed Cost Rate of U.S. [****] per 1000 Eligible Engine flight hourhours. Under this Guarantee, if the cumulative cost per Eligible Engine flight hour for Eligible Maintenance of JetBlue's Engines Inflight Shutdown Rate is determined to have exceeded the Guaranteed Rate over the Period of the Guarantee exceeds the escalated Guaranteed Cost RateGuarantee, 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 excessGuaranteed Rate.

Exclusion of Benefits. The intent of this Guarantee is to provide specified benefits to JetBlue New Air as a result of the failure of Eligible Engines to achieve the performance reliability level stipulated in the Guarantee. It is not the intent, however, to duplicate benefits provided to JetBlue 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 JetBlue New Air from IAE or any third-party, JetBlue 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 D-6 V2500 MAINTENANCE COST INFLIGHT SHUTDOWN GUARANTEE V2500 MAINTENANCE COST INFLIGHT SHUTDOWN GUARANTEE I INTRODUCTION IAE assures JetBlue New Air that by the end of the [****] year period commencing with JetBlue's New Airs 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 Engine Inflight Shutdown Rate will not, subject to escalation, not exceed a Guaranteed Cost Rate of U.S. [****] per 1000 Eligible Engine flight hourhours. Under this Guarantee, if the cumulative cost per Eligible Engine flight hour for Eligible Maintenance of JetBlue's Engines Inflight Shutdown Rate is determined to have exceeded the Guaranteed Rate over the Period of the Guarantee exceeds the escalated Guaranteed Cost RateGuarantee, IAE will credit JetBlueNew Air's account with IAE an amount of [****] U.S. Dollars for each Eligible Inflight Shutdown determined to have been in excess of the excessGuaranteed Rate.