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. 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 JetBlue New Air 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 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. May 2001 Page 27 of 43 EXHIBIT D-7 V2500 FUEL CONSUMPTION RETENTION GUARANTEE May 2001 Page 28 118 of 43 131 V2500-A5 FUEL CONSUMPTION RETENTION GUARANTEE I INTRODUCTION IAE assures JetBlue New Air that during 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-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 JetBlueNew Air'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.