Common use of Exclusion of Benefits Clause in Contracts

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 inflight shutdown 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. EXHIBIT D-7 V2500 FUEL CONSUMPTION RETENTION GUARANTEE THIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO IAE. V2500-A5 FUEL CONSUMPTION RETENTION GUARANTEE I INTRODUCTION IAE assures AAH that during the [*] commencing with AAH’s first commercial operation of 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 Interim Guaranteed Rate at the end of [*], IAE will credit 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 [*].

Appears in 2 contracts

Samples: Contract (Avianca Holdings S.A.), Contract (Avianca Holdings S.A.)

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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 inflight shutdown delay and cancellation 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. EXHIBIT D-7 D-6 V2500 FUEL CONSUMPTION RETENTION INFLIGHT SHUTDOWN GUARANTEE THIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO IAE. V2500-A5 FUEL CONSUMPTION RETENTION V2500 INFLIGHT SHUTDOWN GUARANTEE I INTRODUCTION IAE assures AAH that during by the end of the [*] period commencing with AAH’s first commercial operation of Aircraft powered by V2500-A5 V2500 Engines, the fleet average cruise fuel consumption for Eligible Engines cumulative Engine Inflight Shutdown Rate will not have increased by more than exceed a Guaranteed Rate of [*]] Eligible Engine flight hours. Under this Guarantee, if the fleet average cruise fuel consumption for cumulative Eligible Engines exceeds Inflight Shutdown Rate is determined to have exceeded the Interim Guaranteed Rate at over the end Period of [*]Guarantee, IAE will credit 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 ] U.S. Dollars for each Eligible Inflight Shutdown determined to have been in respect excess of excess fuel consumed minus any interim credit which IAE may have issued at the [*]Guaranteed Rate.

Appears in 2 contracts

Samples: Contract (Avianca Holdings S.A.), Contract (Avianca Holdings S.A.)

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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 inflight shutdown reliability level stipulated in the Guarantee. It is not the intent, however, to duplicate benefits provided to AAH from IAE or 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. EXHIBIT D-7 D-5 V2500 FUEL CONSUMPTION RETENTION DELAY AND CANCELLATION GUARANTEE THIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO IAE. V2500-A5 FUEL CONSUMPTION RETENTION GUARANTEE V2500 DELAY AND CANCELLATION I INTRODUCTION IAE assures AAH that during by the end of the [*] period commencing with AAH’s first commercial operation of Aircraft powered by V2500-A5 V2500 Engines, the fleet average cruise fuel consumption for Eligible Engines cumulative Engine-caused Delay and Cancellation Rate will not have increased by more than exceed a Guaranteed Rate of [*]] Aircraft departures. Under this Guarantee, if the fleet average cruise fuel consumption for Eligible Engines exceeds cumulative Engine-caused Delay and Cancellation Rate is determined to have exceeded the Interim Guaranteed Rate at over the end Period of [*]Guarantee, IAE will credit 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 U.S. Dollars for each excess Eligible Delay and Cancellation determined to have been in respect excess of excess fuel consumed minus any interim credit which IAE may have issued at the [*]Guaranteed Rate.

Appears in 2 contracts

Samples: Contract (Avianca Holdings S.A.), Contract (Avianca Holdings S.A.)

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