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 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 New Air from IAE or any third-party, 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-9 V2500 MAINTENANCE COST GUARANTEE V2500 MAINTENANCE COST GUARANTEE I INTRODUCTION IAE assures New Air that by the end of the [****] year period commencing with New Air's first commercial operation of Aircraft (including for purposes of this Guarantee, the Leased Aircraft) powered by V2500 Engines, the cumulative cost of Eligible Maintenance for Eligible Engines will not, subject to escalation, exceed a Guaranteed Cost Rate of U.S. [****] per Eligible Engine flight hour. Under this Guarantee, if the cumulative cost per Eligible Engine flight hour for Eligible Maintenance of New Air's Engines over the Period of the Guarantee exceeds the escalated Guaranteed Cost Rate, IAE will credit New Air's account with IAE an amount of [****] of the excess.

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 reliability level stipulated in the Guarantee. It is not the intent, however, to duplicate benefits provided to 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 New Air from IAE or any third-party, 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-9 D-6 V2500 MAINTENANCE COST INFLIGHT SHUTDOWN GUARANTEE V2500 MAINTENANCE COST INFLIGHT SHUTDOWN GUARANTEE I INTRODUCTION IAE assures New Air that by the end of the [****] year period commencing with New Air's Airs first commercial operation of Aircraft (including for purposes of this Guarantee, the Leased Aircraft) powered by V2500 Engines, the cumulative cost of Eligible Maintenance for Eligible Engines Engine Inflight Shutdown Rate will not, subject to escalation, not exceed a Guaranteed Cost Rate of U.S. [****] per 1000 Eligible Engine flight hourhours. Under this Guarantee, if the cumulative cost per Eligible Engine flight hour for Eligible Maintenance of New Air's Engines Inflight Shutdown Rate is determined to have exceeded the Guaranteed Rate over the Period of the Guarantee exceeds the escalated Guaranteed Cost RateGuarantee, IAE will credit New Air's account with IAE an amount of [****] U.S. Dollars for each Eligible Inflight Shutdown determined to have been in excess of the excessGuaranteed Rate.