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 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-6 V2500 INFLIGHT SHUTDOWN GUARANTEE THIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO IAE. V2500 INFLIGHT SHUTDOWN GUARANTEE I INTRODUCTION IAE assures AAH that by the end of the [*] period commencing with AAH’s first commercial operation of Aircraft powered by V2500 Engines, the cumulative Engine Inflight Shutdown Rate will not exceed a Guaranteed Rate of [*] 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 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.

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 delay and cancellation 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-6 D-5 V2500 INFLIGHT SHUTDOWN DELAY AND CANCELLATION GUARANTEE THIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO IAE. V2500 INFLIGHT SHUTDOWN GUARANTEE DELAY AND CANCELLATION I INTRODUCTION IAE assures AAH that by the end of the [*] period commencing with AAH’s first commercial operation of Aircraft powered by V2500 Engines, the cumulative Engine Inflight Shutdown Engine-caused Delay and Cancellation Rate will not exceed a Guaranteed Rate of [*] 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 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.