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 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.

Appears in 2 contracts

Samples: General Terms of Sale (Jetblue Airways Corp), General Terms of Sale (Jetblue Airways Corp)

AutoNDA by SimpleDocs

Exclusion of Benefits. The intent of this Guarantee is to provide specified benefits to JetBlue AAH as a result of the failure of Eligible Engines to achieve the reliability delay and cancellation level stipulated in the Guarantee. It is not the intent, however, to duplicate benefits provided to JetBlue under AAH from any other applicable guarantee, sales warranty, service policy, or any special benefit of any kind as a result of the same failurethird-party. Therefore, the terms and conditions of this Guarantee notwithstanding, if the terms of this Guarantee should make duplicate benefits available to JetBlue AAH from IAE or any third-party, JetBlue AAH 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 THIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO IAE. THIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO IAE. I INTRODUCTION IAE assures JetBlue AAH that by the end of the fifteen [****] period commencing with JetBlue's AAH’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 AAH’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.

Appears in 2 contracts

Samples: General Terms of Sale (Avianca Holdings S.A.), General Terms of Sale (Avianca Holdings S.A.)

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 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-6 D-9 V2500 INFLIGHT SHUTDOWN MAINTENANCE COST GUARANTEE V2500 INFLIGHT SHUTDOWN MAINTENANCE COST 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 Engine Inflight Shutdown Rate cost of Eligible Maintenance for Eligible Engines will not not, subject to escalation, exceed a Guaranteed Cost Rate of U.S. [****] per 1000 Eligible Engine flight hourshour. Under this Guarantee, if the cumulative cost per Eligible Inflight Shutdown Rate is determined to have exceeded the Guaranteed Rate Engine flight hour for Eligible Maintenance of JetBlue's Engines over the Period of Guaranteethe Guarantee exceeds the escalated Guaranteed Cost Rate, 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 Rateexcess.

Appears in 2 contracts

Samples: General Terms of Sale (Jetblue Airways Corp), General Terms of Sale (Jetblue Airways Corp)

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 D-5 V2500 INFLIGHT SHUTDOWN GUARANTEE DELAY AND CANCELLATION V2500 INFLIGHT SHUTDOWN GUARANTEE DELAY AND CANCELLATION 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 Engine-caused Delay and Cancellation Rate will not exceed a Guaranteed Rate of [****] per 1000 Eligible Engine flight hours100 Aircraft departures. Under this Guarantee, if the cumulative Eligible Inflight Shutdown Engine-caused Delay and Cancellation 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 excess Eligible Inflight Shutdown Delay and Cancellation determined to have been in excess of the Guaranteed Rate.

Appears in 2 contracts

Samples: General Terms of Sale (Jetblue Airways Corp), General Terms of Sale (Jetblue Airways Corp)

AutoNDA by SimpleDocs

Exclusion of Benefits. The intent of this Guarantee is to provide specified benefits to JetBlue AAH 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, AAH from IAE or any special benefit of any kind as a result of the same failurethird-party. Therefore, the terms and conditions of this Guarantee notwithstanding, if the terms of this Guarantee should make duplicate benefits available to JetBlue AAH from IAE or any third-party, JetBlue AAH 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 THIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO IAE. THIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO IAE. I INTRODUCTION IAE assures JetBlue AAH that by the end of the fifteen [****] period commencing with JetBlue's AAH’s first commercial operation of Aircraft (including for purposes of this Guarantee, the Leased Aircraft) powered by V2500 Engines, the cumulative Engine Inflight Shutdown Engine-caused Delay and Cancellation Rate will not exceed a Guaranteed Rate of [****] per 1000 Eligible Engine flight hoursAircraft departures. Under this Guarantee, if the cumulative Eligible Inflight Shutdown Engine-caused Delay and Cancellation Rate is determined to have exceeded the Guaranteed Rate over the Period of Guarantee, IAE will credit JetBlue's AAH’s account with IAE an amount of $[****] ]U.S. Dollars for each excess Eligible Inflight Shutdown Delay and Cancellation determined to have been in excess of the Guaranteed Rate.

Appears in 2 contracts

Samples: General Terms of Sale (Avianca Holdings S.A.), General Terms of Sale (Avianca Holdings S.A.)

Exclusion of Benefits. The intent of this Guarantee is to provide specified benefits to JetBlue AAH as a result of the failure of Eligible Engines to achieve the reliability inflight shutdown level stipulated in the Guarantee. It is not the intent, however, to duplicate benefits provided to JetBlue under AAH from any other applicable guarantee, sales warranty, service policy, or any special benefit of any kind as a result of the same failurethird-party. Therefore, the terms and conditions of this Guarantee notwithstanding, if the terms of this Guarantee should make duplicate benefits available to JetBlue AAH from IAE or any third-party, JetBlue AAH 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 THIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO IAE. THIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO IAE. I INTRODUCTION IAE assures JetBlue AAH that by during the end of the fifteen [****] period commencing with JetBlue's AAH’s first commercial operation of Aircraft (including for purposes of this Guarantee, the Leased Aircraft) powered by V2500 V2500-A5 Engines, the cumulative Engine Inflight Shutdown Rate fleet average cruise fuel consumption for Eligible Engines will not exceed have increased by more than a Guaranteed Rate of [****] per 1000 Eligible Engine flight hours]. Under this Guarantee, if the cumulative fleet average cruise fuel consumption for Eligible Inflight Shutdown Rate is determined to have exceeded Engines exceeds the Interim Guaranteed Rate over at the Period end of Guarantee[*], IAE will credit JetBlue's AAH’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. If the fleet average Cruise Fuel Consumption for eligible Engines exceeds the guaranteed rate at the end of [*], IAE will credit AAH’s account with IAE an amount in respect of excess fuel consumed minus any interim credit which IAE may have issued at the [***] U.S. Dollars for each Eligible Inflight Shutdown determined to have been in excess of the Guaranteed Rate].

Appears in 2 contracts

Samples: General Terms of Sale (Avianca Holdings S.A.), General Terms of Sale (Avianca Holdings S.A.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!