Common use of Exclusion of Benefits Clause in Contracts

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 New Air 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 New Air JetBlue 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 AirJetBlue, New Air JetBlue 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 JetBlue 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 AirJetBlue'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.