General Condition. The Aircraft will: (a) be clean by international airline standards; (b) have installed the full complement of engines and other material equipment, parts and accessories and loose equipment required under the Agreed Maintenance Program and installed in the other Boeing/XxXxxxxxx Xxxxxxx MD-87 aircraft operated by Lessee (together with any additions and improvements thereto, or replacements thereof, effected pursuant to and in accordance with this Agreement) and be in a condition suitable for immediate operation in commercial service; (c) be airworthy, conform to type design and be in a condition for safe operation with all equipment, components and systems operating in accordance with their intended use and within limits established by the manufacturer and approved by the Aviation Authority, and all pilot discrepancies and deferred maintenance items cleared on a terminating action basis; (d) have a U.S. Standard Transport Category Certificate of Airworthiness issued by the FAA in accordance with FAR Part 129 (or if required by the Lessor, be eligible for a valid export certificate of airworthiness with respect to the Aircraft issued by the Aviation Authority) and unconditionally meet all FAA requirements for immediate operations under FAR Part 129; (e) comply with the manufacturer's original specification to the extent that it so complied on the date of this Agreement and subject to any alterations made pursuant to and in accordance with this Agreement after such date; (f) have undergone, immediately prior to redelivery, the MSG-3 equivalent of a "C" Check in accordance with the Agreed Maintenance Program so that all Airframe inspections falling due within the next 3,000 hours, 3,000 cycles or twelve months (whichever is applicable and most limiting) of operation in accordance with the Agreed Maintenance Program have been accomplished; (g) if the Flight Hours of the Airframe remaining until the scheduled completion of the Major Checks (collectively, a "Complete Heavy Work Package") on the Expiry Date are: (i) less than on the Delivery Date, then the Lessee shall pay to the Lessor an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are less than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00, provided, however, that no payment shall be due from -------- ------- Lessee under this clause (g)(i) if, immediately preceding the redelivery of the Aircraft, the Lessee has performed a Complete Heavy Work Package; (ii) more than on the Delivery Date, then the Lessor shall pay to the Lessee an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are more than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00; For the avoidance of doubt, any amounts due to the Lessor pursuant to this clause (g) may be set off against any amounts due to Lessee pursuant to paragraphs (b) or (d) of Schedule 10 and a payment made for the net amount due; (h) have complied with all airworthiness directives and mandatory orders affecting that model of Aircraft issued by the Aviation Authority (and, if different, the FAA) that are required terminating action during the Term; (i) no special or unique manufacturer inspection or check requirements specific to the Aircraft will exist unless there is no terminating action available from any source; (j) have installed all applicable vendor's and manufacturer's service bulletin kits received free of charge by the Lessee that are appropriate for the Aircraft and, to the extent not installed, those kits which have been received with respect to this Aircraft will be furnished free of charge to the Lessor; (k) be free of any system-related leaks which are outside maintenance manual limitations; (l) all fluid reservoirs (including fuel, oil, oxygen, hydraulic and water) will be full, and the waste tank serviced in accordance with the manufacturer's instructions; (m) if required under the Approved Maintenance Program, all fuel tanks will have recently undergone an anti-fungus/biological growth contamination laboratory evaluation, and any excessive levels of contamination corrected; (n) have an FAA-approved aging aircraft program in operation and up-to-date; and (o) have all signs and decals clean, secure and legible.
Appears in 4 contracts
Samples: Lease Agreement (Afg Investment Trust C), Lease Agreement (American Income Fund I-C LTD Partnership), Lease Agreement (American Income Fund I-D LTD Partnership)
General Condition. The Aircraft will:
(a) be Be clean by international airline standards;
(b) have Have installed the full complement of engines Engines, and other material equipment, parts Parts and accessories and loose equipment required under the Agreed Maintenance Program and as would remain installed in the other Boeing/XxXxxxxxx Xxxxxxx MD-87 aircraft operated by Lessee (together with any additions such Aircraft, and improvements thereto, or replacements thereof, effected pursuant to and in accordance with this Agreement) and shall be in a condition suitable for immediate operation in commercial service;
(c) be airworthy, conform to type design and be Have in existence a condition for safe operation with all equipment, components and systems operating in accordance with their intended use and within limits established by the manufacturer and approved by the Aviation Authority, and all pilot discrepancies and deferred maintenance items cleared on a terminating action basis;
(d) have a U.S. Standard Transport Category valid Certificate of Airworthiness issued by the FAA in accordance with FAR Part 129 (or if required by the Lessor, be eligible for a valid export certificate of airworthiness with respect to the Aircraft issued by the Aviation AuthorityAir Authority of the State of Registration with a validity of at least nine (9) and unconditionally meet all FAA requirements for immediate operations under FAR Part 129months after the date of redelivery of the Aircraft to Lessor;
(d) Comply with the manufacturer's original specifications therefor, set forth in Annex 1 to this Appendix E;
(e) comply with the manufacturer's original specification to the extent that it so complied on the date of this Agreement and subject to any alterations made pursuant to and in accordance with this Agreement after such date;
(f) have Have undergone, immediately prior to redelivery, the MSG-3 equivalent of a "C" Check 3000 check or any subsequent higher inspection, if due within 3000 hrs, in accordance with the Agreed Approved Maintenance Program so that Program, shall be free of any waivers, and all Airframe inspections falling due within the next 3,000 hoursdeferred maintenance, 3,000 cycles or twelve months (whichever is applicable if any, shall have been accomplished; each engine and most limiting) of operation A.P.U. shall have had an inspection in accordance with Article 16 confirming release for its remaining operational life;
(f) All outstanding airworthiness directives and mandatory orders affecting such model of Aircraft issued by the Agreed Maintenance Program Air Authority which require compliance during the Term shall have been accomplished;
(g) if the Flight Hours of the Airframe remaining until the scheduled completion of the Major Checks (collectively, a "Complete Heavy Work Package") on the Expiry Date are:
(i) less than on the Delivery Date, then the Lessee shall pay to the Lessor an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are less than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00, provided, however, that no payment shall be due from -------- ------- Lessee under this clause (g)(i) if, immediately preceding the redelivery of the Aircraft, the Lessee has performed a Complete Heavy Work Package;
(ii) more than on the Delivery Date, then the Lessor shall pay to the Lessee an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are more than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00; For the avoidance of doubt, any amounts due to the Lessor pursuant to this clause (g) may be set off against any amounts due to Lessee pursuant to paragraphs (b) or (d) of Schedule 10 and a payment made for the net amount due;
(h) have complied with all airworthiness directives and mandatory orders affecting that model of Aircraft issued by the Aviation Authority (and, if different, the FAA) that are required terminating action during the Term;
(i) no special or unique manufacturer inspection or check requirements specific to the Aircraft will exist unless there is no terminating action available from any source;
(j) have Have installed all applicable vendor's vendors' and manufacturer's manufacturers' service bulletin kits theretofore received by Lessee free of charge by the Lessee that are appropriate for the Aircraft and, and to the extent not installed, those such kits which have been received with respect to this Aircraft will shall be furnished free of charge to the Lessor;
(kh) be free Stripped of all Lessee's paint scheme and repainted through an Authorized Maintenance Performer with Manufacturer approved paints in white or any system-related leaks which are outside maintenance manual limitations;other basic color requested by Lessor; and
(li) all fluid reservoirs (including fuel, oil, oxygen, hydraulic Have been inspected and water) will be full, and the waste tank serviced treated with respect to corrosion as defined in accordance with the manufacturer's instructions;
(m) if required under the Approved Maintenance Program, all fuel tanks will have recently undergone an anti-fungus/biological growth contamination laboratory evaluation, and any excessive levels of contamination corrected;
(n) have an FAA-approved aging aircraft program in operation and up-to-date; and
(o) have all signs and decals clean, secure and legible.
Appears in 3 contracts
Samples: Lease Agreement (Midway Airlines Corp), Lease Agreement (Midway Airlines Corp), Lease Agreement (Midway Airlines Corp)
General Condition. The Aircraft will:will:-
(a) be in the same configuration as on the Delivery Date or as reasonably requested by Lessor;
(b) be clean by international commercial airline standards;
(bc) have installed the full complement of engines and other material equipment, parts parts, furnishings and accessories and loose equipment required under the Agreed Maintenance Program and as is normally installed in the other Boeing/XxXxxxxxx Xxxxxxx MD-87 aircraft operated by Lessee (together with any additions Aircraft and improvements theretothe loose equipment as was installed in the Aircraft at the time of Delivery, or replacements thereof, effected pursuant to and in accordance with this Agreement) and be in a condition suitable for immediate operation in commercial service;
(c) be airworthy, conform to type design and be in a condition for safe operation with all equipment, components and systems operating in accordance with their intended use and within limits established by the manufacturer and approved by the Aviation Authority, and all pilot discrepancies and deferred maintenance items cleared on a terminating action basis;
(d) have in existence a U.S. Standard Transport Category Certificate valid certificate of Airworthiness issued by the FAA in accordance with FAR Part 129 airworthiness (or if required by the Lessor, be eligible for a valid export certificate of airworthiness airworthiness) with respect to the Aircraft issued by the Aviation Authority) Air Authority and unconditionally meet be in compliance without waiver with all FAA requirements for immediate operations under current FAR Part 129121 requirements;
(e) comply with the manufacturer's original specification specifications or as modified by Lessee with the approval of Lessor, and as required to meet the extent that it so complied on regulations of the date of this Agreement and subject to any alterations made pursuant to and in accordance with this Agreement after such dateAir Authority at the Expiry Date;
(f) have undergone, immediately prior to redelivery, the MSG-3 equivalent of a "block `C" ' Check in accordance with the Agreed Maintenance Program so that all Airframe inspections falling due within the next 3,000 hoursfollowing * Flight Hours, 3,000 cycles * Cycles or twelve the next following * months (whichever is applicable and most limiting) of operation in accordance with the Agreed Lessee's Maintenance Program Program, have been accomplished;
(g) if have had accomplished all outstanding (i.e. at or prior to the Flight Hours of Expiry Date) mandatory inspection and modification requirements, airworthiness directives and similar requirements applicable to the Airframe remaining until Aircraft, any Engine or Part having a compliance date during the scheduled completion of the Major Checks (collectively, a "Complete Heavy Work Package") on Term or within * days after the Expiry Date are:
(i) less than on and which are required by the Delivery DateAir Authority, then the Lessee shall pay to the Lessor an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are less than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied and/or mandated by US$50.00, provided, however, that no payment shall be due from -------- ------- Lessee under this clause (g)(i) if, immediately preceding the redelivery any manufacturer of the Aircraft, any Engine or Part, for this purpose, compliance shall be by terminating action if: the Lessee has performed a Complete Heavy Work Package;
(ii) more than on the Delivery Date, then the Lessor shall pay to the Lessee an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of latest date permitted by such Airworthiness Directive for compliance by terminating action falls within * days after the Expiry Date that are more than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00; For the avoidance of doubt, any amounts due to the Lessor pursuant to this clause (g) may be set off against any amounts due to Lessee pursuant to paragraphs (b) or (d) of Schedule 10 and a payment made for the net amount dueDate;
(h) have complied with all airworthiness directives and mandatory orders affecting that model of Aircraft issued by the Aviation Authority (and, if different, the FAA) that are required terminating action during the Term;
(i) no special or unique manufacturer inspection or check requirements specific to the Aircraft will exist unless there is no terminating action available from any source;
(j) have installed all applicable vendor's and manufacturer's service bulletin kits received free of charge by the Lessee that are appropriate for the Aircraft and, and to the extent not installed, those kits which have been received with respect to this Aircraft will be furnished free of charge to the Lessor;
(ki) have its fuselage, engine cowlings, and vertical fin and rudder freshly painted in an all white livery and the paint on the wings and the horizontal stabilizer surfaces shall be clean and in good condition, free from cracks, peeling, blistering and erosion and shall be uniform in color and free from areas of any system-related leaks which are outside maintenance manual limitationslocal touch up;
(l) all fluid reservoirs (including fuel, oil, oxygen, hydraulic and water) will be full, and the waste tank serviced in accordance with the manufacturer's instructions;
(m) if required under the Approved Maintenance Program, all fuel tanks will have recently undergone an anti-fungus/biological growth contamination laboratory evaluation, and any excessive levels of contamination corrected;
(n) have an FAA-approved aging aircraft program in operation and up-to-date; and
(oj) have all signs and decals clean, secure and legible;
(k) shall have no open, deferred, continued, carryover or placarded log book items; and
(l) meet the requirements of FAR Part 36, Appendix C, Stage 3 noise compliance as then in effect without waiver or restriction.
Appears in 3 contracts
Samples: Aircraft Lease Agreement (Frontier Airlines Inc /Co/), Aircraft Lease Agreement (Frontier Airlines Inc /Co/), Aircraft Lease Agreement (Frontier Airlines Inc /Co/)
General Condition. The Aircraft will:
(a) be Be clean by international airline standards;
(b) have Have installed the full complement of engines Engines, and other material equipment, parts Parts and accessories and loose equipment required under the Agreed Maintenance Program and as would remain installed in the other Boeing/XxXxxxxxx Xxxxxxx MD-87 aircraft operated by Lessee (together with any additions such Aircraft, and improvements thereto, or replacements thereof, effected pursuant to and in accordance with this Agreement) and shall be in a condition suitable for immediate operation in commercial service;
(c) be airworthy, conform to type design and be Have in existence a condition for safe operation with all equipment, components and systems operating in accordance with their intended use and within limits established by the manufacturer and approved by the Aviation Authority, and all pilot discrepancies and deferred maintenance items cleared on a terminating action basis;
(d) have a U.S. Standard Transport Category valid Certificate of Airworthiness issued by the FAA in accordance with FAR Part 129 (or if required by the Lessor, be eligible for a valid export certificate of airworthiness with respect to the Aircraft issued by the Aviation AuthorityAir Authority of the State of Registration with a validity of at least nine (9) and unconditionally meet all FAA requirements for immediate operations under FAR Part 129months after the date of redelivery of the Aircraft to Lessor;
(d) Comply with the manufacturer's original specifications therefor;
(e) comply with the manufacturer's original specification to the extent that it so complied on the date of this Agreement and subject to any alterations made pursuant to and in accordance with this Agreement after such date;
(f) have Have undergone, immediately prior to redelivery, the MSG-3 equivalent of a "C" 3000 Check or any subsequent higher inspection, if due within 3000 hrs, in accordance with the Agreed Approved Maintenance Program so that Program, shall be free of any waivers, and all Airframe inspections falling due within the next 3,000 hoursdeferred maintenance, 3,000 cycles or twelve months (whichever is applicable if any, shall have been accomplished; each engine and most limiting) of operation A.P.U. shall have had an inspection in accordance with Article 16 confirming release for its remaining operational life;
(f) All outstanding airworthiness directives and mandatory orders affecting such model of Aircraft issued by the Agreed Maintenance Program Air Authority which require compliance during the Term shall have been accomplished;
(g) if the Flight Hours of the Airframe remaining until the scheduled completion of the Major Checks (collectively, a "Complete Heavy Work Package") on the Expiry Date are:
(i) less than on the Delivery Date, then the Lessee shall pay to the Lessor an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are less than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00, provided, however, that no payment shall be due from -------- ------- Lessee under this clause (g)(i) if, immediately preceding the redelivery of the Aircraft, the Lessee has performed a Complete Heavy Work Package;
(ii) more than on the Delivery Date, then the Lessor shall pay to the Lessee an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are more than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00; For the avoidance of doubt, any amounts due to the Lessor pursuant to this clause (g) may be set off against any amounts due to Lessee pursuant to paragraphs (b) or (d) of Schedule 10 and a payment made for the net amount due;
(h) have complied with all airworthiness directives and mandatory orders affecting that model of Aircraft issued by the Aviation Authority (and, if different, the FAA) that are required terminating action during the Term;
(i) no special or unique manufacturer inspection or check requirements specific to the Aircraft will exist unless there is no terminating action available from any source;
(j) have Have installed all applicable vendor's vendors' and manufacturer's manufacturers' service bulletin kits theretofore received by Lessee free of charge by the Lessee that are appropriate for the Aircraft and, and to the extent not installed, those such kits which have been received with respect to this Aircraft will shall be furnished free of charge to the Lessor;
(kh) be free Stripped of all Lessee's paint scheme and repainted through an Authorized Maintenance Performer with Manufacturer approved paints in white or any system-related leaks which are outside maintenance manual limitations;other basic color requested by Lessor; and
(li) all fluid reservoirs (including fuel, oil, oxygen, hydraulic Have been inspected and water) will be full, and the waste tank serviced treated with respect to corrosion as defined in accordance with the manufacturer's instructions;
(m) if required under the Approved Maintenance Program, all fuel tanks will have recently undergone an anti-fungus/biological growth contamination laboratory evaluation, and any excessive levels of contamination corrected;
(n) have an FAA-approved aging aircraft program in operation and up-to-date; and
(o) have all signs and decals clean, secure and legible.
Appears in 3 contracts
Samples: Lease Agreement (Midway Airlines Corp), Lease Agreement (Midway Airlines Corp), Lease Agreement (Midway Airlines Corp)
General Condition. The Aircraft will:
(a) be in the same configuration as at Delivery after giving effect to any post-Delivery modifications to the Aircraft paid for or otherwise provided by or on behalf of Lessor (or as permitted by the Lease or as otherwise mutually agreed), be in as good operating condition and appearance as when delivered to Lessee (after giving effect to any such post-Delivery modifications), except for ordinary wear and tear and alterations and modifications authorized or required under the Lease and paid for by Lessee or a Sub-Lessee, and be clean by international major passenger airline standards;
(b) have installed the full complement of engines and other material equipment, parts and accessories parts, accessories, furnishings and loose equipment required as when originally delivered to Lessee (subject to Lessee's rights under Section 8.12 to reverse certain Equipment Changes, after giving effect to all modifications, repairs or maintenance performed during the Agreed Maintenance Program and installed in the other Boeing/XxXxxxxxx Xxxxxxx MD-87 aircraft operated Term, regardless of whether paid for by Lessee (together with any additions and improvements thereto, or replacements thereof, effected pursuant to and in accordance with this AgreementLessor) and the Aircraft (including the Aircraft Documents and Records) shall be in a condition suitable for immediate operation registration with the FAA (assuming that the Owner qualifies for such registration) and immediate operations under FAR Part 121 with a new operator, without waiver, unless the benefit of such waiver is applicable to the next operator of the Aircraft; and if any of the engines or parts tendered for redelivery with the Aircraft is not one of the Engines or Parts referred to in commercial servicethe Certificate of Technical Acceptance or a Replacement Engine installed pursuant to Section 8.11(b) following an Engine Event of Loss, Lessor shall have no obligation to accept such engine or part unless Lessee furnishes to Lessor all the documents and evidence in respect of such engine or part in accordance with Section 8.11(b), as if such engine were a Replacement Engine or replacement Part, and otherwise complies with such Section 8.11(b) with respect thereto;
(c) be airworthy, conform to type design have in existence a valid and be in a condition for safe operation with all equipment, components effective certificate of airworthiness (and systems operating in accordance with their intended use and within limits established by the manufacturer and approved by the Aviation Authority, and all pilot discrepancies and deferred maintenance items cleared on a terminating action basis;
(d) have a U.S. Standard Transport Category Certificate of Airworthiness issued by the FAA in accordance with FAR Part 129 (or if required by the Lessor, be eligible for a valid and effective export certificate of airworthiness airworthiness) with respect to the Aircraft issued by the Aviation AuthorityAir Authority (in the case of an export certificate of airworthiness no earlier than 30 days prior to the redelivery);
(d) and unconditionally meet all FAA requirements for immediate operations under FAR Part 129comply with the Manufacturer's original specifications as at the Delivery, except as modified during the Term in accordance with the Manufacturer's service bulletins or letters, Airworthiness Directives, Air Authority approved data or otherwise as permitted by the Lease;
(e) comply with be fresh out of a "C" Check (or higher check if applicable) in block format (which shall be the manufacturernext sequential "C" Check under Lessee's original specification Maintenance Program following the last regularly scheduled "C" Check performed by Lessee prior to the extent that it so complied Return Occasion if Lessee's Maintenance Program is based on the date of this Agreement and subject to any alterations made pursuant to then current Manufacturer's Maintenance Planning Document in block format. If Lessee's Maintenance Program is not based on the Manufacturer's Maintenance Planning Document in block format, then Lessee shall integrate the Aircraft Maintenance Program onto the then current Manufacturer's Maintenance Planning Document Block Maintenance Program such that all airframe inspections falling due within the "C" check interval (which shall not be less than 4,000 Flight Hours) as defined in and in accordance with this Agreement after such datethe Manufacturer's Maintenance Planning Document have been accomplished;
(f) have undergone, immediately prior to redelivery, the MSG-3 equivalent of a "C" Check in accordance with the Agreed Maintenance Program so that had accomplished all Airframe inspections falling due within the next 3,000 hours, 3,000 cycles or twelve months (whichever is applicable and most limiting) of operation in accordance with the Agreed Maintenance Program have been accomplished;
(g) if the Flight Hours of the Airframe remaining until the scheduled completion of the Major Checks (collectively, a "Complete Heavy Work Package") on the Expiry Date are:
(i) less than on the Delivery Date, then the Lessee shall pay to the Lessor an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are less than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00, provided, however, that no payment shall be due from -------- ------- Lessee under this clause (g)(i) if, immediately preceding the redelivery of the Aircraft, the Lessee has performed a Complete Heavy Work Package;
(ii) more than on the Delivery Date, then the Lessor shall pay to the Lessee an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are more than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00; For the avoidance of doubt, any amounts due to the Lessor pursuant to this clause (g) may be set off against any amounts due to Lessee pursuant to paragraphs (b) or (d) of Schedule 10 and a payment made for the net amount due;
(h) have complied with all airworthiness directives and mandatory orders outstanding Airworthiness Directives affecting that model of Aircraft issued by the Aviation Authority (and, if different, the FAA) that are required terminating FAA requiring action during the Term;Term or within 180 days after the Return Occasion or the Scheduled Expiry Date, whichever is later; for this purpose, compliance shall be by terminating action if:
(i) no special or unique manufacturer inspection or check requirements specific to the Aircraft will exist unless there is no Lessee has complied by terminating action available from any source;for sixty-five percent (65%) of the aircraft of the same model and series then operated by Lessee; or
(jii) the latest date permitted by such Airworthiness Directive for required compliance by terminating action falls within 180 days after the Return Occasion or the Scheduled Expiry Date, whichever is later.
(iii) In no event shall there be any non-transferable time extensions, waivers, deviations or alternative means of compliance with any Airworthiness Directions or other Regulations.
(g) have installed all applicable vendor's and manufacturerManufacturer's service bulletin kits received free of charge by Lessee during the Lessee Term that are appropriate for the Aircraft and, and to the extent not installed, those kits which have been received with respect to this Aircraft will be furnished free of charge to the Lessor;
(kh) be free of any system-related leaks which are outside maintenance manual limitationshave the fuselage, empennage, wings painted in Lessee's livery;
(l) all fluid reservoirs (including fuel, oil, oxygen, hydraulic and water) will be full, and the waste tank serviced in accordance with the manufacturer's instructions;
(m) if required under the Approved Maintenance Program, all fuel tanks will have recently undergone an anti-fungus/biological growth contamination laboratory evaluation, and any excessive levels of contamination corrected;
(n) have an FAA-approved aging aircraft program in operation and up-to-date; and
(oi) have all signs and decals clean, secure and legible;
(j) [NOT APPLICABLE];
(k) have no open, deferred, continued, carry over or placarded maintenance items or watch items or placarded log book items, and all other log book discrepancies shall be cleared;
(l) all discrepancies discovered during the inspections described above which exceed the Manufacturer's maintenance manual allowable limits for in-service aircraft shall have been repaired in accordance with FAA-approved procedures;
(m) all repairs of a temporary or interim nature, requiring repetitive inspections or future upgrading, including external doublers with blind fasteners, shall be upgraded to permanent repair in accordance with the Manufacturer's Maintenance Planning Document or structural repair manual; and
(n) all systems shall be fully operational for their intended functions in accordance with the Manufacturer's Maintenance Planning Document specifications.
Appears in 2 contracts
Samples: Aircraft Lease Agreement (Turn Works Acquisition Iii Sub a Inc), Aircraft Lease Agreement (Turn Works Acquisition Iii Sub a Inc)
General Condition. The Aircraft will:
(a) be clean by international airline standardsto a standard of aircraft fresh from overhaul;
(b) have installed the full complement of engines and other material equipmentparts, parts and accessories and loose equipment required under the Agreed Maintenance Program and installed in the other Boeing/XxXxxxxxx Xxxxxxx MD-87 aircraft operated by Lessee (together with any additions and improvements thereto, or replacements thereof, effected pursuant to and in accordance with this Agreement) and be in a condition suitable for immediate operation in commercial serviceProgram;
(c) be airworthy, conform to type design and be in a condition suitable for immediate, safe operation in commercial service with all equipment, components and systems operating in accordance with their intended use and within limits established by the manufacturer and approved by the Aviation Authority, and all pilot discrepancies and deferred maintenance items cleared on a terminating action basis;
(d) have a U.S. Standard Transport Category Certificate of Airworthiness issued by the FAA in accordance with FAR Part 129 (or if required by the Lessor, be eligible for a valid export certificate of airworthiness with respect to the Aircraft issued by the Aviation Authority) 21 and unconditionally meet all FAA Aviation Authority requirements for immediate operations under FAR Part 129121;
(e) comply with the manufacturerbe fresh from a Manufacturer's original specification to the extent that it so complied on the date of this Agreement MPD "D" Check (phases C1 through C7), including 20,000 hour structural items and subject to any alterations made pursuant to and in accordance with this Agreement after such datecomplete CPCP inspection;
(f) have undergone, immediately prior all gauges (including dipsticks) converted from the metric system to redeliverythe U.S. imperial system (pounds) and accompanied by all required documentation from the Manufacturer relative to the gauges; in addition, the MSG-3 equivalent of a "C" Check in accordance with cockpit switches shall be reconfigured into the Agreed Maintenance Program so that all Airframe inspections falling due within the next 3,000 hours, 3,000 cycles or twelve months (whichever is applicable and most limiting) of operation in accordance with the Agreed Maintenance Program have been accomplishedManufacturer's standard;
(g) if the Flight Hours be certified to operate at 120,000 lbs. Maximum Take Off Weight; provided, that Lessee agrees to accept delivery of the Airframe remaining until the scheduled completion Aircraft at a Maximum Take Off Weight of the Major Checks (collectively, a "Complete Heavy Work Package") on the Expiry Date are:
(i) less than on the Delivery Date, then the Lessee shall pay 116,000 lbs. subject to the Lessor an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are less than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00, provided, however, that no payment shall be due from -------- ------- Lessee under this clause (g)(i) if, immediately preceding the redelivery of the Aircraft, the Lessee has performed a Complete Heavy Work Package;
(ii) more than on the Delivery Date, then the Lessor shall pay to the Lessee an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are more than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00; For the avoidance of doubt, any amounts due to the Lessor pursuant to this clause (g) may be set off against any amounts due providing evidence to Lessee pursuant to paragraphs (b) or (d) of Schedule 10 and a payment made for that the net amount dueweight upgrade has been ordered from Boeing;
(h) have complied with had accomplished all outstanding airworthiness directives and mandatory orders affecting that model of Aircraft issued by the Aviation Authority (and, if different, the FAA) that are required due within 90 days after the Delivery Date on a terminating action during basis; airworthiness directives and mandatory orders that do not have a terminating action will be accomplished at the Term;
(i) no special or unique manufacturer highest level of inspection or check requirements specific to the Aircraft will exist unless there is no terminating action available from any sourcemodification permitted;
(j) have installed all applicable vendor's and manufacturer's service bulletin kits received free of charge by the Lessee that are appropriate for the Aircraft and, to the extent not installed, those kits which have been received with respect to this Aircraft will be furnished free of charge to the Lessor;
(k) be free of any system-related leaks which are outside maintenance manual limitations;
(l) all fluid reservoirs (including fuel, oil, oxygen, hydraulic and water) will be full, and the waste tank serviced in accordance with the manufacturer's instructions;
(m) if required under the Approved Maintenance Program, all fuel tanks will have recently undergone an anti-fungus/biological growth contamination laboratory evaluation, and any excessive levels of contamination corrected;
(n) have an FAA-approved aging aircraft program in operation and up-to-date; and
(o) have all signs and decals clean, secure and legible.
Appears in 2 contracts
Samples: Lease Agreement (Vanguard Airlines Inc \De\), Lease Agreement (Vanguard Airlines Inc \De\)
General Condition. The Aircraft will:
: (a) be in the same configuration as at Delivery after giving effect to any post-Delivery modifications to the Aircraft paid for or otherwise provided by or on behalf of Lessor (or as permitted by the Lease or as otherwise mutually agreed), be in as good operating condition and appearance as when delivered to Lessee (after giving effect to any such post-Delivery modifications), except for ordinary wear and tear and alterations and modifications authorized or required under the Lease and paid for by Lessee or a Sub-Lessee, and be clean by international major passenger airline standards;
; (b) have installed the full complement of engines and other material equipment, parts and accessories parts, accessories, furnishings and loose equipment required as when originally delivered to Lessee (subject to Lessee's rights under Section 8.12 to reverse certain Equipment Changes, after giving effect to all modifications, repairs or maintenance performed during the Agreed Maintenance Program and installed in the other Boeing/XxXxxxxxx Xxxxxxx MD-87 aircraft operated Term, regardless of whether paid for by Lessee (together with any additions and improvements thereto, or replacements thereof, effected pursuant to and in accordance with this AgreementLessor) and the Aircraft (including the Aircraft Documents and Records) shall be in a condition suitable for immediate operation registration with the FAA (assuming that the Owner qualifies for such registration) and immediate operations under FAR Part 121 with a new operator, without waiver, unless the benefit of such waiver is applicable to the next operator of the Aircraft; and if any of the engines or parts tendered for redelivery with the Aircraft is not one of the Engines or Parts referred to in commercial service;
the Certificate of Technical Acceptance or a Replacement Engine installed pursuant to Section 8.11(b) following an Engine Event of Loss, Lessor shall have no obligation to accept such engine or part unless Lessee furnishes to Lessor all the documents and evidence in respect of such engine or part in accordance with Section 8.11(b), as if such engine were a Replacement Engine or replacement Part, and otherwise complies with such Section 8.11(b) with respect thereto; (c) be airworthy, conform to type design have in existence a valid and be in a condition for safe operation with all equipment, components effective certificate of airworthiness (and systems operating in accordance with their intended use and within limits established by the manufacturer and approved by the Aviation Authority, and all pilot discrepancies and deferred maintenance items cleared on a terminating action basis;
(d) have a U.S. Standard Transport Category Certificate of Airworthiness issued by the FAA in accordance with FAR Part 129 (or if required by the Lessor, be eligible for a valid and effective export certificate of airworthiness airworthiness) with respect to A-5 <PAGE> the Aircraft issued by the Aviation Authority) and unconditionally meet all FAA requirements for immediate operations under FAR Part 129;
Air Authority (ein the case of an export certificate of airworthiness no earlier than 30 days prior to the redelivery); (d) comply with the manufacturerManufacturer's original specification to specifications as at the extent that it so complied on Delivery, except as modified during the date of this Agreement and subject to any alterations made pursuant to and Term in accordance with this Agreement after such date;
the Manufacturer's service bulletins or letters, Airworthiness Directives, Air Authority approved data or otherwise as permitted by the Lease; (fe) have undergone, immediately prior to redelivery, the MSG-3 equivalent be fresh out of a "C" Check (or higher check if applicable) in accordance with block format (which shall be the Agreed next sequential "C" Check under Xxxxxx's Maintenance Program so following the last regularly scheduled "C" Check performed by Lessee prior to the Return Occasion if Xxxxxx's Maintenance Program is based on the then current Manufacturer's Maintenance Planning Document in block format. If Xxxxxx's Maintenance Program is not based on the Manufacturer's Maintenance Planning Document in block format, then Lessee shall integrate the Aircraft Maintenance Program onto the then current Manufacturer's Maintenance Planning Document Block Maintenance Program such that all Airframe airframe inspections falling due within the next 3,000 hours, 3,000 cycles or twelve months "C" check interval (whichever is applicable which shall not be less than 4,000 Flight Hours) as defined in and most limiting) of operation in accordance with the Agreed Manufacturer's Maintenance Program Planning Document have been accomplished;
; (g) if the Flight Hours of the Airframe remaining until the scheduled completion of the Major Checks (collectively, a "Complete Heavy Work Package") on the Expiry Date are:
(i) less than on the Delivery Date, then the Lessee shall pay to the Lessor an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are less than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00, provided, however, that no payment shall be due from -------- ------- Lessee under this clause (g)(i) if, immediately preceding the redelivery of the Aircraft, the Lessee has performed a Complete Heavy Work Package;
(ii) more than on the Delivery Date, then the Lessor shall pay to the Lessee an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are more than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00; For the avoidance of doubt, any amounts due to the Lessor pursuant to this clause (g) may be set off against any amounts due to Lessee pursuant to paragraphs (b) or (d) of Schedule 10 and a payment made for the net amount due;
(hf) have complied with had accomplished all airworthiness directives and mandatory orders outstanding Airworthiness Directives affecting that model of Aircraft issued by the Aviation Authority (and, if different, the FAA) that are required terminating FAA requiring action during the Term;
Term or within 180 days after the Return Occasion or the Scheduled Expiry Date, whichever is later; for this purpose, compliance shall be by terminating action if: (i) no special or unique manufacturer inspection or check requirements specific to the Aircraft will exist unless there is no Lessee has complied by terminating action available from any source;
for sixty-five percent (j65%) have installed all applicable vendor's of the aircraft of the same model and manufacturer's service bulletin kits received free of charge series then operated by Lessee; or (ii) the Lessee that are appropriate latest date permitted by such Airworthiness Directive for required compliance by terminating action falls within 180 days after the Aircraft andReturn Occasion or the Scheduled Expiry Date, to the extent not installed, those kits which have been received with respect to this Aircraft will be furnished free of charge to the Lessor;
(k) be free of any system-related leaks which are outside maintenance manual limitations;
(l) all fluid reservoirs (including fuel, oil, oxygen, hydraulic and water) will be full, and the waste tank serviced in accordance with the manufacturer's instructions;
(m) if required under the Approved Maintenance Program, all fuel tanks will have recently undergone an anti-fungus/biological growth contamination laboratory evaluation, and any excessive levels of contamination corrected;
(n) have an FAA-approved aging aircraft program in operation and up-to-date; and
(o) have all signs and decals clean, secure and legiblewhichever is later.
Appears in 1 contract
Samples: Aircraft Lease Agreement
General Condition. The Aircraft will:
(a) Possess a valid Certificate of Airworthiness with respect to the Aircraft issued by the Air Authority. The Aircraft will also meet all requirements for U.S. domestic operations under FAR Part 121 and will meet the requirements of FAR Part 36, Appendix C, Stage 3 noise compliance without waiver or restriction. There will be no deferred, open or carryover items on the Aircraft or any Engine on the Expiration Date;
(b) Be clean by international U.S. airline standards;
(bc) have Have installed the full complement of engines and other material equipment, parts and accessories and loose equipment required under the Agreed Maintenance Program and as is normally installed in the other Boeing/XxXxxxxxx Xxxxxxx MD-87 aircraft operated by Lessee (together with any additions Aircraft, and improvements theretobe in the same economy configuration of 127 seats, or replacements thereof, effected pursuant to and in accordance with this Agreement) and be in a condition suitable for immediate operation in commercial service;
(c) be airworthyan approved STC, conform to type design and be in a condition for safe operation with all equipment, components and systems operating in accordance with their intended use and within limits established by the manufacturer and approved by the Aviation Authority, and all pilot discrepancies and deferred maintenance items cleared on a terminating action basisas at Delivery;
(d) have If Lessee is on a U.S. Standard Transport Category Certificate of Airworthiness issued by the FAA in accordance with FAR Part 129 (or if required by the LessorQ Check system, be eligible for a valid export certificate of airworthiness with respect to the Aircraft issued by the Aviation Authority) and unconditionally meet all FAA requirements for immediate operations under FAR Part 129;
(e) comply with the manufacturer's original specification to the extent that it so complied on the date of this Agreement and subject to any alterations made pursuant to and in accordance with this Agreement after such date;
(f) have undergone, immediately prior to redelivery, the MSG-3 equivalent of a "C" full C Check (including all phases and multiples) in accordance with the Agreed Approved Maintenance Program Program, so that all Airframe airframe inspections falling due within the next 3,000 hoursfollowing C Check interval, 3,000 cycles or twelve months (whichever is applicable and most limiting) of operation in accordance with the Agreed Approved Maintenance Program Program, have been accomplished;
, and have at least 3,000 hours or cycles (gwhichever is lower) remaining to the next Q Check; Notwithstanding Paragraph 1(d) above, if the Flight Hours of Lessee wishes to redeliver the Airframe remaining until to Lessor with less life so remaining, Lessee shall give written notice to Lessor no later than sixty (60) days prior to the scheduled completion of the Major Checks (collectivelyExpiration Date, a "Complete Heavy Work Package") on the Expiry Date areand Lessor may, at its sole option:
(i) less than on Require Lessee to perform a premature Q Check and utilize the Delivery Date, then Airframe Maintenance Reserves (if such work qualifies for contribution by Lessor pursuant to Section 7.2) held by Lessor under the Lessee shall pay Lease; or
(ii) Accept redelivery of the Airframe in such condition with an additional payment (in addition to the Lessor an amount Airframe Maintenance Reserves otherwise payable) equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are or Cycles less than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (bminimum required by this Paragraph 1(d) multiplied by US$50.00the amount of Airframe Maintenance Reserve per Flight Hour then in effect under the Lease.
(e) If Lessee is on a C-1 through C-7 plus D Major Check system, provided, however, that no payment shall be due from -------- ------- Lessee under this clause (g)(i) ifhave undergone, immediately preceding the redelivery of the Aircraftprior to redelivery, the Lessee has performed a Complete Heavy Work Package;
(ii) more than on the Delivery Date, then the Lessor shall pay to the Lessee an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are more than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00; For the avoidance of doubt, any amounts due to the Lessor pursuant to this clause (g) may be set off against any amounts due to Lessee pursuant to paragraphs (b) or (d) of Schedule 10 and a payment made for the net amount due;
(h) have complied with all airworthiness directives and mandatory orders affecting that model of Aircraft issued by the Aviation Authority (and, if different, the FAA) that are required terminating action during the Term;
(i) no special or unique manufacturer inspection or full C check requirements specific to the Aircraft will exist unless there is no terminating action available from any source;
(j) have installed all applicable vendor's and manufacturer's service bulletin kits received free of charge by the Lessee that are appropriate for the Aircraft and, to the extent not installed, those kits which have been received with respect to this Aircraft will be furnished free of charge to the Lessor;
(k) be free of any system-related leaks which are outside maintenance manual limitations;
(l) all fluid reservoirs (including fuel, oil, oxygen, hydraulic all phases and watermultiples) will be full, and the waste tank serviced in accordance with the manufacturer's instructions;
(m) if required under the Approved Maintenance Program, so that all fuel tanks will airframe inspections falling due within the next following C check interval, in accordance with the Approved Maintenance Program, have recently undergone an anti-fungus/biological growth contamination laboratory evaluationbeen accomplished, and any excessive levels have at least fifty percent (50%) of contamination corrected;
the hours or cycles (nwhichever is lower) have an FAA-approved aging aircraft program in operation and up-to-date; and
(o) have all signs and decals clean, secure and legibleremaining to the next C-1 through C-7 plus D Major Check per the Boeing MPD.
Appears in 1 contract
Samples: Aircraft Lease Agreement (Vanguard Airlines Inc \De\)
General Condition. The Aircraft will:
(a) be clean by international United States airline standards;
(b) have installed the full complement of engines and other material equipment, parts and accessories and loose equipment required under the Agreed Maintenance Program and usually installed in the other Boeing/XxXxxxxxx Xxxxxxx MD-87 Boeing 737-200 aircraft operated by Lessee (together with any additions and improvements thereto, or replacements thereof, effected pursuant to and in accordance with this Agreement) and be in a condition suitable for immediate operation in commercial service;
(c) be airworthy, conform to type design and be in a condition for safe operation with all equipment, components and systems operating in accordance with their intended use and within limits established by the manufacturer and approved by the Aviation Authority, and all pilot discrepancies and deferred maintenance items cleared on a terminating action basis;
(d) have a U.S. Standard Transport Category Certificate of Airworthiness issued by the FAA in accordance with FAR Part 129 21 (or if required by the Lessor, be eligible for a valid export certificate of airworthiness with respect to the Aircraft issued by the Aviation Authority) and unconditionally meet all FAA requirements for immediate operations under FAR Part 129121, subject to the special exemptions permitted Lessee regarding compliance with the Airport Noise and Capacity Act of 1990, as amended, and the regulations promulgated by the FAA thereunder;
(e) comply with the manufacturer's original specification to the extent that it so complied on the date of this Agreement and subject to any alterations made pursuant to and in accordance with this Agreement after such date;
(f) have undergone, immediately prior to redelivery, the MSG-3 equivalent of a "C" Check in accordance with the Agreed Maintenance Program so that all Airframe inspections falling due within the next following 3,000 hours, 3,000 cycles or twelve months (whichever is applicable and most limiting) Flight Hours of operation in accordance with the Agreed Maintenance Program have been accomplished;
(g) the Airframe shall have at least 75% of the Flight Hours, Cycles and calendar time (whichever is applicable and, if more than one are applicable, most limiting) remaining until the next block "D" check (or equivalent heavy maintenance check) under the Agreed Maintenance Program, and if the Flight Hours Hours, Cycles or calendar time of the Airframe remaining until the scheduled completion are less than 75% of the Major Checks (collectively, a interval between "Complete Heavy Work Package") on the Expiry Date are:
(i) less than on the Delivery Date, D" checks then the Lessee shall pay to the Lessor an amount equal to the product of (ai) the number of Flight Hours remaining until Hours, Cycles or calendar days (whichever is applicable and most limiting) by which the scheduled completion Airframe is less than 75% of the interval between "D" checks, multiplied by (ii) a fraction (1) the numerator of which is the average cost of a Complete Heavy Work Package as "D" check (including routine and non-routine items) for an airframe similar to the Airframe determined in accordance with the Appraisal Procedure and (2) the denominator of the Expiry Date that are less than which is the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date Hours, Cycles or calendar days (bwhichever is applicable and most limiting) multiplied by US$50.00, provided, however, that no payment shall be due from -------- ------- Lessee under this clause (g)(i) if, immediately preceding the redelivery of the Aircraft, the Lessee has performed a Complete Heavy Work Package;
(ii) more than on the Delivery Date, then the Lessor shall pay to the Lessee an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are more than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00; For the avoidance of doubt, any amounts due to the Lessor pursuant to this clause (g) may be set off against any amounts due to Lessee pursuant to paragraphs (b) or (d) of Schedule 10 and a payment made for the net amount duebetween "D" checks;
(h) have complied with had accomplished all outstanding airworthiness directives and mandatory orders affecting that model of Aircraft issued by the Aviation Authority (and, if different, the FAA) FAA that are required due during the Term on a terminating action during basis; airworthiness directives and mandatory orders that do not have a terminating action will be accomplished at the Termhighest level of inspection or modification permitted;
(i) no special or unique manufacturer inspection or check requirements specific to the Aircraft will exist unless there is no terminating action available from any source;
(j) have installed all applicable vendor's and manufacturer's service bulletin kits received free of charge by the Lessee that are appropriate for the Aircraft and, to the extent not installed, those kits which have been received with respect to this Aircraft retained by Lessee will be furnished free of charge to the Lessor;
(k) be free of any system-related leaks which are outside maintenance manual limitationsleaks;
(l) all fluid reservoirs (including fuel, oil, oxygen, hydraulic and water) will be full, and the waste tank serviced in accordance with the manufacturer's instructions;
(m) if required under the Approved Maintenance Program, all fuel tanks will have recently undergone an anti-fungus/biological growth contamination laboratory evaluation, and any excessive levels of contamination corrected;
(n) have an FAA-approved aging aircraft program in operation and up-to-date; and
(o) have all signs and decals clean, secure and legible.
Appears in 1 contract
Samples: Lease Agreement (Turn Works Acquisition Iii Sub a Inc)
General Condition. The Aircraft will:
(a) Possess a valid Certificate of Airworthiness with respect to the Aircraft issued by the Air Authority. The Aircraft will also meet all requirements for U.S. domestic operations under FAR Part 121 without waiver or restriction. There will be no deferred, open or carryover items on the Aircraft or any Engine on the Expiration Date;
(b) Be clean by international U.S. airline standards;
(bc) have Have installed the full complement of engines and other material equipment, parts and accessories and loose equipment required under the Agreed Maintenance Program and as is normally installed in the other Boeing/XxXxxxxxx Xxxxxxx MD-87 aircraft operated by Lessee (together with any additions Aircraft, and improvements theretobe in the same economy configuration of 122 seats, or replacements thereof, effected pursuant to and in accordance with this Agreement) and be in a condition suitable for immediate operation in commercial service;
(c) be airworthyan approved STC, conform to type design and be in a condition for safe operation with all equipment, components and systems operating in accordance with their intended use and within limits established by the manufacturer and approved by the Aviation Authority, and all pilot discrepancies and deferred maintenance items cleared on a terminating action basisas at Delivery;
(d) have a U.S. Standard Transport Category Certificate of Airworthiness issued by the FAA in accordance with FAR Part 129 (or if required by the Lessor, be eligible for a valid export certificate of airworthiness with respect to the Aircraft issued by the Aviation Authority) and unconditionally meet all FAA requirements for immediate operations under FAR Part 129;
(e) comply with the manufacturer's original specification to the extent that it so complied on the date of this Agreement and subject to any alterations made pursuant to and in accordance with this Agreement after such date;
(f) have Have undergone, immediately prior to redelivery, the MSG-3 equivalent of a "C" full C check (with all supplemental inspections associated with that Check complied with) in accordance with the Agreed Maintenance Program Program, so that all Airframe airframe inspections falling due within the next 3,000 hoursfollowing C check interval, 3,000 cycles or twelve months (whichever is applicable and most limiting) of operation in accordance with the Agreed Maintenance Program, and in addition at least 3,100 Flight Hours or Cycles (whichever is lower) remain to the next C-7 plus SI Major Check per the Agreed Maintenance Program. Notwithstanding Paragraph l(d) above, if Lessee wishes to redeliver the Airframe to Lessor with less life so remaining, Lessee shall give written notice to Lessor no later than sixty (60) days prior to the Expiration Date, and Lessee, shall deliver the Arframe in such condition with an additional payment (in addition to the Airframe Maintenance Reserves otherwise payable) equal to the number of Flight Hours or Cycles less than the minimum required by this Schedule 3 multiplied by the amount of Airframe Maintenance Reserve per Flight Hour or Cycle then in effect under the Lease, unless Lessor and Lessee shall mutually agree that Lessee perform a premature C 7 plus SI Major Check and utilize the Airframe Maintenance Reserves (if such work qualifies for contribution by Lessor pursuant to Section 7.2) held by Lessor under the Lease;
(e) Be in compliance with all airworthiness directives issued by the FAA ("ADs") for compliance during the Term and within 180 days after the Expiration Date (except that repetitive inspections having intervals of less than 180 days will be performed only once at or immediately prior to the Expiration Date), including being current with all initial tasks of the Corrosion Prevention and Control Program have been accomplished(CPCP) under the Boeing D6-38528 document, with no exceptions or deviations and with proper supporting documentation;
(f) Be stripped and freshly painted with an "all white" fuselage and gray xxxgs;
(g) if the Flight Hours of the Airframe remaining until the scheduled completion of the Major Checks (collectively, a "Complete Heavy Work Package") on the Expiry Date are:
(i) less than on the Delivery Date, then the Lessee shall pay to the Lessor an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are less than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00, provided, however, that no payment shall be due from -------- ------- Lessee under this clause (g)(i) if, immediately preceding the redelivery of the Aircraft, the Lessee has performed a Complete Heavy Work Package;
(ii) more than on the Delivery Date, then the Lessor shall pay to the Lessee an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are more than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00; For the avoidance of doubt, any amounts due to the Lessor pursuant to this clause (g) may be set off against any amounts due to Lessee pursuant to paragraphs (b) or (d) of Schedule 10 and a payment made for the net amount due;
(h) have complied with Have all airworthiness directives and mandatory orders affecting that model of Aircraft issued by the Aviation Authority (and, if different, the FAA) that are required terminating action during the Term;
(i) no special or unique manufacturer inspection or check requirements specific to the Aircraft will exist unless there is no terminating action available from any source;
(j) have installed all applicable vendor's and manufacturer's service bulletin kits received free of charge by the Lessee that are appropriate for the Aircraft and, to the extent not installed, those kits which have been received with respect to this Aircraft will be furnished free of charge to the Lessor;
(k) be free of any system-related leaks which are outside maintenance manual limitations;
(l) all fluid reservoirs (including fuel, oil, oxygen, hydraulic and water) will be full, and the waste tank serviced in accordance with the manufacturer's instructions;
(m) if required under the Approved Maintenance Program, all fuel tanks will have recently undergone an anti-fungus/biological growth contamination laboratory evaluation, and any excessive levels of contamination corrected;
(n) have an FAA-approved aging aircraft program in operation and up-to-date; and
(o) have all signs and decals clean, secure and legible.
Appears in 1 contract
General Condition. The Aircraft will:
(a) be in the same configuration as at Delivery after giving effect to any post-Delivery modifications to the Aircraft paid for or otherwise provided by or on behalf of Lessor (or as permitted by the Lease or as otherwise mutually agreed), be in as good operating condition and appearance as when delivered to Lessee (after giving effect to any such post-Delivery modifications), except for ordinary wear and tear and alterations and modifications authorized or required under the Lease and paid for by Lessee or a Sub-Lessee, and be clean by international major passenger airline standards;
(b) have installed the full complement of engines and other material equipment, parts and accessories parts, accessories, furnishings and loose equipment required as when originally delivered to Lessee (subject to Lessee's rights under Section 8.12 to reverse certain Equipment Changes, after giving effect to all modifications, repairs or maintenance performed during the Agreed Maintenance Program and installed in the other Boeing/XxXxxxxxx Xxxxxxx MD-87 aircraft operated Term, regardless of whether paid for by Lessee (together with any additions and improvements thereto, or replacements thereof, effected pursuant to and in accordance with this AgreementLessor) and the Aircraft (including the Aircraft Documents and Records) shall be in a condition suitable for immediate operation registration with the FAA (assuming that the Owner qualifies for such registration) and immediate operations under FAR Part 121 with a new operator, without waiver, unless the benefit of such waiver is applicable to the next operator of the Aircraft; and if any of the engines or parts tendered for redelivery with the Aircraft is not one of the Engines or Parts referred to in commercial servicethe Certificate of Technical Acceptance or a Replacement Engine installed pursuant to Section 8.11 (b) following an Engine Event of Loss, Lessor shall have no obligation to accept such engine or part unless Lessee furnished to Lessor all the documents and evidence in respect of such engine or part in accordance with Section 8.11 (b), as if such engine were a Replacement Engine or replacement Part, and otherwise complies with such Section 8.11 (b) with respect thereto;
(c) be airworthy, conform to type design have in existence a valid and be in a condition for safe operation with all equipment, components effective certificate of airworthiness (and systems operating in accordance with their intended use and within limits established by the manufacturer and approved by the Aviation Authority, and all pilot discrepancies and deferred maintenance items cleared on a terminating action basis;
(d) have a U.S. Standard Transport Category Certificate of Airworthiness issued by the FAA in accordance with FAR Part 129 (or if required by the Lessor, be eligible for a valid and effective export certificate of airworthiness airworthiness) with respect to the Aircraft issued by the Aviation AuthorityAir Authority (in the case of an export certificate of airworthiness no earlier than 30 days prior to the redelivery);
(d) and unconditionally meet all FAA requirements for immediate operations under FAR Part 129comply with the Manufacturer's original specifications as at the Delivery, except as modified during the Term in accordance with the Manufacturer's service bulletins or letters, Airworthiness Directives, Air Authority approved data or otherwise as permitted by the Lease;
(e) comply with be fresh out of a "C" Check (or higher check if applicable) in block format (which shall be the manufacturernext sequential "C" Check under Lessee's original specification Maintenance Program following the last regularly scheduled "C" Check performed by Lessee prior to the extent that it so complied Return Occasion if Lessee's Maintenance Program is based on the date of this Agreement and subject to any alterations made pursuant to then current Manufacturer's Maintenance Planning Document in block format. If Lessee's Maintenance Program is not based on the Manufacturer's Maintenance Planning Document in block format, then Lessee shall integrate the Aircraft Maintenance Program onto the then current Manufacturer's Maintenance Planning Document Block Maintenance Program such that all airframe inspections falling due within the "C" check interval (which shall not be less than 4,000 Flight Hours) as defined in and in accordance with this Agreement after such datethe Manufacturer's Maintenance Planning Document have been accomplished;
(f) have undergone, immediately prior to redelivery, the MSG-3 equivalent of a "C" Check in accordance with the Agreed Maintenance Program so that had accomplished all Airframe inspections falling due within the next 3,000 hours, 3,000 cycles or twelve months (whichever is applicable and most limiting) of operation in accordance with the Agreed Maintenance Program have been accomplished;
(g) if the Flight Hours of the Airframe remaining until the scheduled completion of the Major Checks (collectively, a "Complete Heavy Work Package") on the Expiry Date are:
(i) less than on the Delivery Date, then the Lessee shall pay to the Lessor an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are less than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00, provided, however, that no payment shall be due from -------- ------- Lessee under this clause (g)(i) if, immediately preceding the redelivery of the Aircraft, the Lessee has performed a Complete Heavy Work Package;
(ii) more than on the Delivery Date, then the Lessor shall pay to the Lessee an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are more than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00; For the avoidance of doubt, any amounts due to the Lessor pursuant to this clause (g) may be set off against any amounts due to Lessee pursuant to paragraphs (b) or (d) of Schedule 10 and a payment made for the net amount due;
(h) have complied with all airworthiness directives and mandatory orders outstanding Airworthiness Directives affecting that model of Aircraft issued by the Aviation Authority (and, if different, the FAA) that are required terminating FAA requiring action during the Term;Term or within 180 days after the Return Occasion or the Scheduled Expiry Date, whichever is later; for this purpose, compliance shall be by terminating action if:
(i) no special or unique manufacturer inspection or check requirements specific to the Aircraft will exist unless there is no Lessee has complied by terminating action available from any source;for sixty-five percent (65%) of the aircraft of the same model and series then operated by Lessee; or
(jii) the latest date permitted by such Airworthiness Directive for required compliance by terminating action falls within 180 days after the Return Occasion or the Scheduled Expiry Date, whichever is later.
(iii) In no event shall there be any non-transferable time extensions, waivers, deviations or alternative means of compliance with any Airworthiness Directions or other Regulations.
(g) have installed all applicable vendor's and manufacturerManufacturer's service bulletin kits received free of charge by Lessee during the Lessee Term that are appropriate for the Aircraft and, and to the extent not installed, those kits which have been received with respect to this Aircraft will be furnished free of charge to the Lessor;
(kh) be free have the fuselage, empennage, wings and pylons stripped (or sanded if only three or less coats of any system-related leaks which are outside maintenance manual limitationspaint) and painted in such livery as Lessor may designate in accordance with standard industry practice;
(l) all fluid reservoirs (including fuel, oil, oxygen, hydraulic and water) will be full, and the waste tank serviced in accordance with the manufacturer's instructions;
(m) if required under the Approved Maintenance Program, all fuel tanks will have recently undergone an anti-fungus/biological growth contamination laboratory evaluation, and any excessive levels of contamination corrected;
(n) have an FAA-approved aging aircraft program in operation and up-to-date; and
(oi) have all signs and decals clean, secure and legible.;
(j) [NOT APPLICABLE];
(k) have no open, deferred, continued, carry over or placarded maintenance items or watch items or placarded log book items, and all other log book discrepancies shall be cleared;
(1) all discrepancies discovered during the inspections described above which exceed the Manufacturer's maintenance manual allowable limits for in-service aircraft shall have been repaired in accordance with FAA-approved procedures;
Appears in 1 contract
Samples: Aircraft Lease Agreement (Turn Works Acquisition Iii Sub a Inc)
General Condition. The Aircraft will:will:-
(a) be in the same configuration as on the Delivery Date or as reasonably requested by Lessor;
(b) be clean by international commercial airline standards;
(bc) have installed the full complement of engines and other material equipment, parts parts, furnishings and accessories and loose equipment required under the Agreed Maintenance Program and as is normally installed in the other Boeing/XxXxxxxxx Xxxxxxx MD-87 aircraft operated by Lessee (together with any additions Aircraft and improvements theretothe loose equipment as was installed in the Aircraft at the time of Delivery, or replacements thereof, effected pursuant to and in accordance with this Agreement) and be in a condition suitable for immediate operation in commercial service;
(c) be airworthy, conform to type design and be in a condition for safe operation with all equipment, components and systems operating in accordance with their intended use and within limits established by the manufacturer and approved by the Aviation Authority, and all pilot discrepancies and deferred maintenance items cleared on a terminating action basis;
(d) have in existence a U.S. Standard Transport Category Certificate valid certificate of Airworthiness issued by the FAA in accordance with FAR Part 129 airworthiness (or if required by the Lessor, be eligible for a valid export certificate of airworthiness airworthiness) with respect to the Aircraft issued by the Aviation Authority) Air Authority and unconditionally meet be in compliance without waiver with all FAA requirements for immediate operations under current FAR Part 129121 requirements;
(e) comply with the manufacturer's original specification specifications or as modified by Lessee with the approval of Lessor, and as required to meet the extent that it so complied on regulations of the date of this Agreement and subject to any alterations made pursuant to and in accordance with this Agreement after such dateAir Authority at the Expiry Date;
(f) have undergone, immediately prior to redelivery, the MSG-3 equivalent of a "block 'C" ' Check in accordance with the Agreed Maintenance Program so that all Airframe inspections falling due within the next 3,000 hoursfollowing 3,200 Flight Hours, 3,000 cycles Cycles or twelve the next following 12 months (whichever is applicable and most limiting) of operation in accordance with the Agreed Lessee's Maintenance Program Program, have been accomplished;
(g) if have had accomplished all outstanding (i.e. at or prior to the Flight Hours of Expiry Date) mandatory inspection and modification requirements, airworthiness directives and similar requirements applicable to the Airframe remaining until Aircraft, any Engine or Port having a compliance date during the scheduled completion of the Major Checks (collectively, a "Complete Heavy Work Package") on Term or within 90 days after the Expiry Date are:
(i) less than on and which are required by the Delivery DateAir Authority, then the Lessee shall pay to the Lessor an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are less than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied and/or mandated by US$50.00, provided, however, that no payment shall be due from -------- ------- Lessee under this clause (g)(i) if, immediately preceding the redelivery any manufacturer of the Aircraft, any Engine or Part, for this purpose, compliance shall be by terminating action if: the Lessee has performed a Complete Heavy Work Package;
(ii) more than on the Delivery Date, then the Lessor shall pay to the Lessee an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of latest date permitted by such Airworthiness Directive for compliance by terminating action falls within 90 days after the Expiry Date that are more than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00; For the avoidance of doubt, any amounts due to the Lessor pursuant to this clause (g) may be set off against any amounts due to Lessee pursuant to paragraphs (b) or (d) of Schedule 10 and a payment made for the net amount dueDate;
(h) have complied with all airworthiness directives and mandatory orders affecting that model of Aircraft issued by the Aviation Authority (and, if different, the FAA) that are required terminating action during the Term;
(i) no special or unique manufacturer inspection or check requirements specific to the Aircraft will exist unless there is no terminating action available from any source;
(j) have installed all applicable vendor's and manufacturer's service bulletin kits received free of charge by the Lessee that are appropriate for the Aircraft and, and to the extent not installed, those kits which have been received with respect to this Aircraft will be furnished free of charge to the Lessor;
(ki) have its fuselage, engine cowlings, and vertical fin and rudder freshly painted in an all white livery and the paint on the wings and the horizontal stabilizer surfaces shall be clean and in good condition, free from cracks, peeling, blistering and erosion and shall be uniform in color and free from areas of any system-related leaks which are outside maintenance manual limitationslocal touch up;
(l) all fluid reservoirs (including fuel, oil, oxygen, hydraulic and water) will be full, and the waste tank serviced in accordance with the manufacturer's instructions;
(m) if required under the Approved Maintenance Program, all fuel tanks will have recently undergone an anti-fungus/biological growth contamination laboratory evaluation, and any excessive levels of contamination corrected;
(n) have an FAA-approved aging aircraft program in operation and up-to-date; and
(oj) have all signs and decals clean, secure and legible;
(k) shall have no open, deferred, continued, carryover or placarded log book items; and
(l) meet the requirements of FAR Part 36, Appendix C, Stage 3 noise compliance as then in effect without waiver or restriction.
Appears in 1 contract
Samples: Aircraft Lease Agreement (Frontier Airlines Inc /Co/)
General Condition. The Aircraft willshall:
(a) be clean by international airline standards;
(b) have installed the full complement of engines and other material equipment, parts and accessories and loose equipment required under the Agreed Maintenance Program (including one complete set of removable catering trolleys, standard containers and drawers and trays) as is normally installed in the other Boeing/XxXxxxxxx Xxxxxxx MD-87 aircraft operated by Lessee (together with any additions Aircraft, and improvements thereto, or replacements thereof, effected pursuant to and in accordance with this Agreement) and shall be in a condition suitable for immediate operation in commercial service;
(c) be airworthy, conform to type design and be in a condition for safe operation with all equipment, components and systems operating in accordance with their intended use and within limits established by the manufacturer and approved by the Aviation Authority, and all pilot discrepancies and deferred maintenance items cleared on a terminating action basishave existing seat configuration;
(d) have a U.S. Standard Transport Category Certificate Maximum Take Off Weight (MTOW) of Airworthiness issued by the FAA 138,500 lbs
(e) have in accordance with FAR Part 129 existence a valid certificate of airworthiness (or if required by the Lessor, be eligible for a valid export certificate of airworthiness airworthiness) with respect to the Aircraft issued by the Aviation Authority) and unconditionally meet all FAA requirements for immediate operations under FAR Part 129;
(ef) comply with the manufacturer's original specification to the extent that it so complied on the date of this Agreement and subject to any alterations made pursuant to and in accordance with this Agreement after such datespecifications;
(fg) have undergone, immediately prior to redelivery, the MSG-3 equivalent of a next scheduled "C" Check in accordance with and lower multiple check required under the Agreed Approved Maintenance Program Programme so that all Airframe inspections falling due within the next 3,000 hours, 3,000 cycles or twelve months (whichever is applicable and most limiting) following 3,200 Flight Hours of operation in accordance with the Agreed Manufacturer's Maintenance Program Planning Document, have been accomplished;
(g) if the Flight Hours of the Airframe remaining until the scheduled completion of the Major Checks (collectively, a "Complete Heavy Work Package") on the Expiry Date are:
(i) less than on the Delivery Date, then the Lessee shall pay to the Lessor an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are less than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00, provided, however, that no payment shall be due from -------- ------- Lessee under this clause (g)(i) if, immediately preceding the redelivery of the Aircraft, the Lessee has performed a Complete Heavy Work Package;
(ii) more than on the Delivery Date, then the Lessor shall pay to the Lessee an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are more than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00; For the avoidance of doubt, any amounts due to the Lessor pursuant to this clause (g) may be set off against any amounts due to Lessee pursuant to paragraphs (b) or (d) of Schedule 10 and a payment made for the net amount due;
(h) have complied with had accomplished all outstanding airworthiness directives and mandatory orders affecting that model of Aircraft issued by the Aviation Authority (andFAA which, if different, the Aircraft were registered with the FAA) that are required terminating action , would have to be complied with during the TermTerm or within 180 days after the Expiry Date;
(i) no special all changes (whether by way of modification, repair or unique manufacturer inspection or check requirements specific otherwise) carried out to the Aircraft will exist unless there is no terminating action available from subsequent to the Delivery Date shall have been carried out in accordance with all FAA requirements and any source;repairs shall be classified as permanent by the FAA; 105
(j) have installed all applicable vendorVendor's and manufacturer's service bulletin kits received free of charge by the Lessee that are appropriate for the Aircraft and, and to the extent not installed, those kits which have been received with respect to this Aircraft will be furnished free of charge to the Lessor;
(k) Lessee's external livery shall be free of any system-related leaks which are outside maintenance manual limitationsfully stripped down reasonably and repainted in such external livery as advised by the Lessor;
(l) have no installed life-limited Parts which shall have a total time since new greater than 120% that of the Airframe provided that with respect to all fluid reservoirs (including fuelinstalled life limited Parts taken as a group, oil, oxygen, hydraulic and water) will be full, and they shall have on average a total time since new no greater than that of the waste tank serviced in accordance with the manufacturer's instructions;
(m) if required under the Approved Maintenance Program, all fuel tanks will have recently undergone an anti-fungus/biological growth contamination laboratory evaluation, and any excessive levels of contamination corrected;
(n) have an FAA-approved aging aircraft program in operation and up-to-dateAirframe; and
(o) have all signs and decals clean, secure and legible.
Appears in 1 contract
Samples: Lease Agreement (Western Pacific Airlines Inc /De/)
General Condition. The Aircraft will:
(a) be in good operating condition, conforming to FAA or EASA type design certification and be clean by international scheduled, passenger airline standardsstandards and will be configured in the same configuration as at Delivery or such other configuration as Lessor may agree;
(b) be returned with Lessor’s Engines and all Parts installed and with the same equipment as at Delivery, subject to replacements permitted under this Agreement;
(c) have installed the full complement of engines and other material systems, equipment, parts and accessories parts, accessories, furnishings and loose equipment required under the Agreed Maintenance Program and as normally installed in the other Boeing/XxXxxxxxx Xxxxxxx MD-87 aircraft operated by Lessee (together with any additions Aircraft for continued regular airline service operating within limits specified in the Manufacturer’s maintenance manual and improvements thereto, or replacements thereof, effected pursuant to and in accordance with this Agreement) and be in a condition suitable for immediate operation in commercial service;
(c) be airworthy, conform to type design and be in a condition for safe operation with all equipment, components and systems operating functioning in accordance with their intended use and within limits established by the manufacturer and approved by the Aviation Authorityin compliance with operations under JAR OPS 1, and all pilot discrepancies and deferred maintenance items cleared on a terminating action basisEASA Part M, or its successors equipment standards;
(d) have a U.S. Standard Transport Category Certificate currently valid certificate of Airworthiness airworthiness issued by the FAA in accordance with FAR Part 129 (or if required by the Lessor, be eligible for Air Authority and a valid export certificate of airworthiness with respect to the Aircraft issued by the Aviation Authority) Air Authority to such a country as will be specified by the Lessor and unconditionally meet all FAA requirements be in a condition qualifying for immediate operations under FAR issue of certificate of airworthiness pursuant to a Lessor specified EASA/EASA member state to JAR OPS 1, EASA Part 129M, or its successors standard;
(e) comply with the manufacturer's original specification to the extent that it so complied on the date of this Agreement and subject to any alterations made pursuant to and in accordance with this Agreement after such date;
(f) have undergone, immediately prior to redelivery, completed a 6 Year Check and no structural, systems, zonal and CPCP Airframe inspections will be due within the MSG-3 equivalent of a "C" Check next following 6,500 Flight Hours and 4,500 Cycles and 20 months in accordance with the Agreed Maintenance Program so that all Airframe inspections falling due within the next 3,000 hoursPlanning Document, 3,000 cycles or twelve months (whichever is applicable and most limiting) of operation in accordance with the Agreed Maintenance Program have been accomplished;
(f) be in compliance with all Airworthiness Directives existing as at the Expiry Date and Mandatory Service Bulletins (which are mandatory or in respect of which Lessee is complying for its other Fleet Aircraft), which require compliance prior to the redelivery or within 180 days thereafter;
(g) if any waivers, alternate means of compliance, dispensations, extensions or carryovers with respect to any Airworthiness Directives or mandatory orders are granted by the Flight Hours of Air Authority or permitted by the Airframe remaining until the scheduled completion of the Major Checks (collectively, a "Complete Heavy Work Package") on the Expiry Date are:
(i) less than on the Delivery Date, then the Lessee shall pay to the Lessor an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are less than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00, provided, however, that no payment shall be due from -------- ------- Lessee under this clause (g)(i) if, immediately preceding the redelivery of the AircraftAgreed Maintenance Programme, the Lessee has performed a Complete Heavy Work Package;
(ii) more than on the Delivery Datewill nonetheless perform such Airworthiness Directives or mandatory orders as if such waivers, then the Lessor shall pay to the Lessee an amount equal to the product alternate means of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are more than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00; For the avoidance of doubtcompliance, any amounts due to the Lessor pursuant to this clause (g) may be set off against any amounts due to Lessee pursuant to paragraphs (b) dispensations or (d) of Schedule 10 and a payment made for the net amount dueextensions did not exist;
(h) have complied with all airworthiness directives and mandatory orders affecting that model of Aircraft issued by the Aviation Authority (and, if different, the FAA) that are required terminating action during the Term;
(i) no special or unique manufacturer inspection or check requirements specific to the Aircraft will exist unless there is no terminating action available from any source;
(j) have installed all applicable vendor's original equipment manufacturer’s and manufacturer's ’s service bulletin kits received free of charge by the Lessee that are appropriate for the Aircraft and, and to the extent not installed, those kits which have been received with respect to this Aircraft will be furnished free of charge to the Lessor;
(ki) At redelivery the Aircraft shall be free either rubbed down (subject to the acceptability of the current paint as base) and repainted in white with all necessary placards, warning signs, emergency markings etc, in place or at Lessor’s cost, and provided the same does not delay redelivery, in such other external livery as advised by Lessor to Lessee in writing as soon as reasonably possible prior to the scheduled Expiry Date but in any system-related leaks which are outside maintenance manual limitations;
event no later than two (l2) all fluid reservoirs (including fuel, oil, oxygen, hydraulic and water) months prior to the scheduled Expiry Date subject to the Lessor paying the excess cost where such external livery is greater than the cost of the white one. Such painting will be fullaccomplished in such a manner as to result in uniformly smooth and cosmetically acceptable aerodynamic surfaces. The Aircraft has to be stripped if more than one coat of paint has been applied during the Term or if in Lessor’s opinion (acting reasonably) the current paint is not acceptable as a base paint. If the Aircraft is stripped, Lessee shall, if applicable for Airbus aircraft of the same make and model as the waste tank serviced Aircraft, perform detailed inspection for scribe marks in accordance with the manufacturer's instructionsManufacturer’s then current requirements and standard practices (if any) or in accordance with any Airworthiness Directive in effect for a scribe xxxx inspection on that make and model of aircraft. The requirement to perform scribe xxxx inspections also applies where the Aircraft is stripped during the Term;
(m) if required under the Approved Maintenance Program, all fuel tanks will have recently undergone an anti-fungus/biological growth contamination laboratory evaluation, and any excessive levels of contamination corrected;
(n) have an FAA-approved aging aircraft program in operation and up-to-date; and
(oj) have all signs and decals clean, secure and legible.;
(k) meet the requirements of ICAO Annex 16, Chapter 3 noise compliance (as stated in the Air Authority issued noise certificate) without waiver or restriction;
(l) have no open, deferred, continued, carry over or placard log book items and have no temporary or time-limited structural repairs. No special or unique inspection or check requirements which are specific to the Aircraft (as opposed to all aircraft of the same model) will exist with respect to the Aircraft;
(m) be free of fuel, oil, hydraulic and pneumatic leaks in excess of maintenance manual limits allowing continued in service operation without special inspection. Hydraulic and pneumatic leaks will be within maintenance manual limits for continued operation. Any temporary leak repairs will have been replaced by permanent repairs. All oil and hydraulic tanks and reservoirs and systems along with lavatory and potable water tanks and systems shall have been freshly and full serviced;
(n) have all non-structural repairs, modifications and alterations accomplished in accordance with Airframe Manufacturer’s service bulletins or Airframe Manufacturer’s written approval (with a statement of conformity to type certificate data) or FAA/EASA STC Supplemental Type Certificate) or FAA 8110-3/8100-9 approval; and
(o) have no less than the Aircraft flight manual approved design weights,
Appears in 1 contract
Samples: Aircraft Lease Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.)
General Condition. The Aircraft will:
(a) be clean by international major cargo airline standardsstandards immediately prior to redelivery and will be in the same configuration as at Delivery subject to any post-Delivery modifications, repairs or maintenance to the Aircraft which are permitted or required by the Lease;
(b) have installed the full complement of engines and other material equipment, parts and accessories parts, accessories, furnishings and loose equipment required under the Agreed Maintenance Program and installed in the other Boeing/XxXxxxxxx Xxxxxxx MD-87 aircraft operated by as when originally delivered to Lessee (together with and, in addition, shall include any additions post-Delivery modifications, repairs or maintenance which were paid for or otherwise provided by or on behalf of Lessor or which are required or permitted by the Lease or mutually agreed). The Aircraft (including the Aircraft Documents and improvements thereto, or replacements thereof, effected pursuant to and in accordance with this AgreementRecords) and shall be in a condition suitable for immediate operation operations under FAR Part 121, without waiver, unless, subject to Lessor’s consent, the benefit of such waiver is applicable to the next operator of the Aircraft, or restriction (other than those applicable generally to aircraft of similar make and model); and if any of the engines or parts tendered for redelivery with the Aircraft is not one of the Engines or Parts referred to in commercial servicethe Certificate of Acceptance or a Replacement Engine installed pursuant to Section 8.11 (a) following an Engine Event of Loss in respect of an Engine, Lessor shall have no obligation to accept such engine or part unless Lessee furnishes to Lessor all the documents and evidence in respect of such engine or part in accordance with Section 8.11 (b), as if such engine were a Replacement Engine or such part were a replacement Part, and otherwise complies with such Section 8.11(b) with respect thereto;
(c) be airworthyhave in existence a valid and effective certificate of airworthiness (and if required by Lessor, conform to type design a valid and be in a condition for safe operation with all equipment, components and systems operating in accordance with their intended use and within limits established effective export certificate of airworthiness) issued by the manufacturer and approved by Air Authority. In the Aviation Authoritycase of an export certificate of airworthiness, and all pilot discrepancies and deferred maintenance items cleared on a terminating action basissuch certificate shall not be issued any earlier than ten (10) days prior to the Return Occasion;
(d) have a U.S. Standard Transport Category Certificate of Airworthiness issued by comply with the FAA manufacturer’s original specifications as at the Delivery Date, except as modified during the Term in accordance with FAR Part 129 the Manufacturer’s service bulletins or letters, Airworthiness Directives, Air Authority approved data (all of which should have supporting State of Design approval) or if required otherwise as permitted by the Lessor, be eligible for a valid export certificate of airworthiness with respect to the Aircraft issued by the Aviation Authority) and unconditionally meet all FAA requirements for immediate operations under FAR Part 129Lease;
(e) comply with the manufacturer's original specification to the extent that it so complied on the date of this Agreement and subject to any alterations made pursuant to and in accordance with this Agreement after such date;
(f) have undergone, immediately prior to redelivery, the MSG-3 equivalent of a "C" Redelivery Check in accordance with the Agreed Maintenance Program so that all Airframe and structural inspections, including but not limited to corrosion prevention and control program inspections falling due within the next 3,000 hours“C” Check interval as defined in the Lessee’s Maintenance Program or the Manufacturer’s Maintenance Planning Document (if, 3,000 cycles or twelve months (whichever is applicable and most limiting) to the extent that, the Lessee’s Maintenance Program does not comply with the requirements of operation the Manufacturer’s Maintenance Planning Document), have been accomplished in accordance with the Agreed Lessee’s Maintenance Program have been accomplishedon the Return Occasion;
(gf) if have had accomplished all outstanding Airworthiness Directives affecting that model of Aircraft requiring compliance during the Flight Hours of Term or within the Airframe remaining until the scheduled completion of the Major Checks (collectivelyAD Compliance Period; for this purpose, a "Complete Heavy Work Package") on the Expiry Date arecompliance shall be by terminating action if:
(i) less than on the Delivery Date, then the Lessee shall pay to the Lessor an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as has complied by terminating action for other aircraft of the Expiry Date that are less than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied same model and series then operated by US$50.00, provided, however, that no payment shall be due from -------- ------- Lessee under this clause (g)(i) if, immediately preceding the redelivery of the Aircraft, the Lessee has performed a Complete Heavy Work Package;Lessee; or
(ii) more than on the Delivery Datelatest date permitted by such Airworthiness Directive for required compliance by terminating action falls within the AD Compliance Period. In no event shall there be any time extensions, then the Lessor shall pay to the Lessee an amount equal to the product waivers, deviations or alternative means of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date compliance with any Airworthiness Directives or other regulations that are more than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied non-transferable by US$50.00; For the avoidance of doubt, any amounts due to the Lessor pursuant to this clause Lessee.
(g) may be set off against any amounts due to Lessee pursuant to paragraphs (b) or (d) of Schedule 10 and a payment made for the net amount due;
(h) have complied with all airworthiness directives and mandatory orders affecting that model of Aircraft issued by the Aviation Authority (and, if different, the FAA) that are required terminating action during the Term;
(i) no special or unique manufacturer inspection or check requirements specific to the Aircraft will exist unless there is no terminating action available from any source;
(j) have installed all applicable vendor's ’s and manufacturer's ’s service bulletin kits received free of charge by the Lessee that are appropriate for relate to the Aircraft and, to the extent not installed, those kits which have been received with respect to this Aircraft will be furnished free of charge to the Lessor;
(kh) be free in such external livery (freshly painted) as may be requested by Lessor, such painting to include the fuselage, empennage, wings, engine cowlings and pylons, stripped (or sanded if only two or less coats of paint) and painted in accordance with standard industry practice, including any systemrequired re-related leaks which are outside maintenance manual limitationsbalancing of flight controls and required re-weighing or recalculation of the Aircraft or the Aircraft weight;
(l) all fluid reservoirs (including fuel, oil, oxygen, hydraulic and water) will be full, and the waste tank serviced in accordance with the manufacturer's instructions;
(m) if required under the Approved Maintenance Program, all fuel tanks will have recently undergone an anti-fungus/biological growth contamination laboratory evaluation, and any excessive levels of contamination corrected;
(n) have an FAA-approved aging aircraft program in operation and up-to-date; and
(oi) have all signs and decals clean, secure and legible;
(j) meet the requirements of FAR Part 36, Appendix C, Stage 3 noise compliance as in effect at the Delivery Date, without waiver or restriction;
(k) have no open, deferred, continued, carry over, or placarded maintenance items or watch items and all log book discrepancies shall be cleared;
(l) have had all repairs and damage requiring repetitive inspections or future upgrading repaired to a permanent repair standard such that future repetitive inspections or upgrading shall not be required; and
(m) have all its systems serviceable and fully operational for their intended functions in accordance with the Manufacturer’s maintenance manual specifications.
Appears in 1 contract
Samples: Full Service Aircraft Services Agreement (Kitty Hawk Inc)
General Condition. The Aircraft Engine will:
(a) be clean in at least as good operating and physical condition, excluding normal wear and tear, as when delivered to Lessee by international airline standardsLessor, subject to ordinary operating wear and tear and changes and alterations properly made by Lessee as permitted under, and otherwise in accordance with, the Lease. The Engine will have been maintained to at least the same standard and modification status as other similar engines within Lessee’s fleet. The Engine will be free of any concessions, technical variances, repairs or modifications not approved by Manufacturer, maintenance deferrals, carry-overs, extensions or any on-watch items requiring a special, reduced period or out of sequence inspection or maintenance;
(b) have a valid certificate of airworthiness and export certificate of airworthiness, if applicable;
(c) be fully serviceable as evidenced by a FAA/EASA approved serviceability tag in accordance with the Maintenance Program and an FAA 8130-3 or JAR Form 1;
(d) be in such condition as to permit the immediate use in commercial airline service under the current regulations of the FAA and EASA (including FAA/EASA shop release documentation if requested by Lessor);
(e) have complete back to birth records acceptable to Lessor (acting reasonably) available for all LLP and components;
(f) have engine trend monitoring data evidencing no adverse trends or rate of deterioration or operating abnormality which would require corrective action or a shop visit in advance of next scheduled shop visit;
(g) have an incident statement signed by Lessee which shall be substantially in the form set out in Schedule 10;
(h) be operating within the limits established by Manufacturer;
(i) be in compliance (either by means of repetitive inspection, modification or terminating action) with the FAA/EASA and Air Authority’s ADs and mandatory SBs the compliance with which is required on or before the date Lessor accepts redelivery or completion on or before the 6th month following Lessor’s acceptance of redelivery, accompanied by records showing the method and date of compliance and compliance documents showing accomplishment with no variance, extension, carry-overs or deferrals (other than those variances, extensions or deferrals which are applicable to all engines of like make and model as the Engine, if any). Any airworthiness directives of the Air Authority, EASA or FAA which must be completed on a terminating action basis during the Term by the Lessee or are completed on a terminating action basis by Lessee on other engines of the same type in its fleet will be performed on a terminating action basis by Lessee at Lessee’s cost;
(j) have installed the full complement of engines and other material equipment, parts and accessories parts, accessories, furnishings and loose equipment required under the Agreed Maintenance Program equipment, including, but not limited to, QEC and engine build up (EBU) parts, if any, as when originally delivered to Lessee and as normally installed in the other Boeing/XxXxxxxxx Xxxxxxx MD-87 aircraft operated by Lessee (together with any additions Engine for continued regular service, and improvements thereto, or replacements thereof, effected pursuant to and in accordance with this Agreement) and will be in a condition suitable the same external configuration as when originally delivered to Lessee except for immediate operation in commercial service;
(c) be airworthyany manufacturer, conform to type design and be in a condition for safe operation with all equipmentEASA, components and systems operating in accordance with their intended use and within limits established by the manufacturer and FAA approved by the Aviation Authority, and all pilot discrepancies and deferred maintenance items cleared on a terminating action basis;
(d) have a U.S. Standard Transport Category Certificate of Airworthiness issued by the FAA in accordance with FAR Part 129 (modifications or if improvements or any other Engine changes permitted or required by the Lessor, be eligible for a valid export certificate of airworthiness with respect to the Aircraft issued by the Aviation Authority) and unconditionally meet all FAA requirements for immediate operations under FAR Part 129;
(e) comply with the manufacturer's original specification to the extent that it so complied on the date of this Agreement and subject to any alterations made pursuant to and in accordance with this Agreement after such date;
(f) have undergone, immediately prior to redelivery, the MSG-3 equivalent of a "C" Check in accordance with the Agreed Maintenance Program so that all Airframe inspections falling due within the next 3,000 hours, 3,000 cycles or twelve months (whichever is applicable and most limiting) of operation in accordance with the Agreed Maintenance Program have been accomplished;
(g) if the Flight Hours of the Airframe remaining until the scheduled completion of the Major Checks (collectively, a "Complete Heavy Work Package") on the Expiry Date are:
(i) less than on the Delivery Date, then the Lessee shall pay to the Lessor an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are less than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00, provided, however, that no payment shall be due from -------- ------- Lessee under this clause (g)(i) if, immediately preceding the redelivery of the Aircraft, the Lessee has performed a Complete Heavy Work Package;
(ii) more than on the Delivery Date, then the Lessor shall pay to the Lessee an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are more than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00; For the avoidance of doubt, any amounts due to the Lessor pursuant to this clause (g) may be set off against any amounts due to Lessee pursuant to paragraphs (b) or (d) of Schedule 10 and a payment made for the net amount due;
(h) have complied with all airworthiness directives and mandatory orders affecting that model of Aircraft issued by the Aviation Authority (and, if different, the FAA) that are required terminating action during the Term;
(i) no special or unique manufacturer inspection or check requirements specific to the Aircraft will exist unless there is no terminating action available from any source;
(j) have installed all applicable vendor's and manufacturer's service bulletin kits received free of charge by the Lessee that are appropriate for the Aircraft and, to the extent not installed, those kits which have been received with respect to this Aircraft will be furnished free of charge to the LessorLease;
(k) be free of any system-related leaks which are outside maintenance manual limitations;have no open, deferred, continued, carry over or placarded log book items; and
(l) all fluid reservoirs (including fuel, oil, oxygen, hydraulic and water) will be full, and have the waste tank serviced Nameplate in accordance with the manufacturer's instructions;
(m) if required under provisions of the Approved Maintenance Program, all fuel tanks will have recently undergone an anti-fungus/biological growth contamination laboratory evaluation, and any excessive levels of contamination corrected;
(n) have an FAA-approved aging aircraft program in operation and up-to-date; and
(o) have all signs and decals clean, secure and legibleLease.
Appears in 1 contract
Samples: Engine Lease Common Terms Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.)
General Condition. The Aircraft will:
(a) be in the same configuration as at Delivery after giving effect to any post-Delivery modifications to the Aircraft paid for or otherwise provided by or on behalf of Lessor (or as permitted by the Lease or as otherwise mutually agreed), be in as good operating condition and appearance as when delivered to Lessee (after giving effect to any such post-Delivery modifications), except for ordinary wear and tear and alterations and modifications authorized or required under the Lease and paid for by Lessee or a Sub-Lessee, and be clean by international major passenger airline standards;
(b) have installed the full complement of engines and other material equipment, parts and accessories parts, accessories, furnishings and loose equipment required as when originally delivered to Lessee (subject to Lessee's rights under Section 8.12 to reverse certain Equipment Changes, after giving effect to all modifications, repairs or maintenance performed during the Agreed Maintenance Program and installed in the other Boeing/XxXxxxxxx Xxxxxxx MD-87 aircraft operated Term, regardless of whether paid for by Lessee (together with any additions and improvements thereto, or replacements thereof, effected pursuant to and in accordance with this AgreementLessor) and the Aircraft (including the Aircraft Documents and Records) shall be in a condition suitable for immediate operation registration with the FAA (assuming that the Owner qualifies for such registration) and immediate operations under FAR Part 121 with a new operator, without waiver, unless the benefit of such waiver is applicable to the next operator of the Aircraft; and if any of the engines or parts tendered for redelivery with the Aircraft is not one of the Engines or Parts referred to in commercial servicethe Certificate of Technical Acceptance or a Replacement Engine installed pursuant to Section 8.11(b) following an Engine Event of Loss, Lessor shall have no obligation to accept such engine or part unless Lessee furnishes to Lessor all the documents and evidence in respect of such engine or part in accordance with Section 8.11(b), as if such engine were a Replacement Engine or replacement Part, and otherwise complies with such Section 8.11(b) with respect thereto;
(c) be airworthy, conform to type design have in existence a valid and be in a condition for safe operation with all equipment, components effective certificate of airworthiness (and systems operating in accordance with their intended use and within limits established by the manufacturer and approved by the Aviation Authority, and all pilot discrepancies and deferred maintenance items cleared on a terminating action basis;
(d) have a U.S. Standard Transport Category Certificate of Airworthiness issued by the FAA in accordance with FAR Part 129 (or if required by the Lessor, be eligible for a valid and effective export certificate of airworthiness airworthiness) with respect to the Aircraft issued by the Aviation AuthorityAir Authority (in the case of an export certificate of airworthiness no earlier than 30 days prior to the redelivery);
(d) and unconditionally meet all FAA requirements for immediate operations under FAR Part 129comply with the Manufacturer's original specifications as at the Delivery, except as modified during the Term in accordance with the Manufacturer's service bulletins or letters, Airworthiness Directives, Air Authority approved data or otherwise as permitted by the Lease;
(e) comply with be fresh out of a "C" Check (or higher check if applicable) in block format (which shall be the manufacturernext sequential "C" Check under Lessee's original specification Maintenance Program following the last regularly scheduled "C" Check performed by Lessee prior to the extent that it so complied Return Occasion if Lessee's Maintenance Program is based on the date of this Agreement and subject to any alterations made pursuant to then current Manufacturer's Maintenance Planning Document in block format. If Lessee's Maintenance Program is not based on the Manufacturer's Maintenance Planning Document in block format, then Lessee shall integrate the Aircraft Maintenance Program onto the then current Manufacturer's Maintenance Planning Document Block Maintenance Program such that all airframe inspections falling due within the "C" check interval (which shall not be less than 4,000 Flight Hours) as defined in and in accordance with this Agreement after such datethe Manufacturer's Maintenance Planning Document have been accomplished;
(f) have undergone, immediately prior to redelivery, the MSG-3 equivalent of a "C" Check in accordance with the Agreed Maintenance Program so that had accomplished all Airframe inspections falling due within the next 3,000 hours, 3,000 cycles or twelve months (whichever is applicable and most limiting) of operation in accordance with the Agreed Maintenance Program have been accomplished;
(g) if the Flight Hours of the Airframe remaining until the scheduled completion of the Major Checks (collectively, a "Complete Heavy Work Package") on the Expiry Date are:
(i) less than on the Delivery Date, then the Lessee shall pay to the Lessor an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are less than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00, provided, however, that no payment shall be due from -------- ------- Lessee under this clause (g)(i) if, immediately preceding the redelivery of the Aircraft, the Lessee has performed a Complete Heavy Work Package;
(ii) more than on the Delivery Date, then the Lessor shall pay to the Lessee an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are more than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00; For the avoidance of doubt, any amounts due to the Lessor pursuant to this clause (g) may be set off against any amounts due to Lessee pursuant to paragraphs (b) or (d) of Schedule 10 and a payment made for the net amount due;
(h) have complied with all airworthiness directives and mandatory orders outstanding Airworthiness Directives affecting that model of Aircraft issued by the Aviation Authority (and, if different, the FAA) that are required terminating FAA requiring action during the Term;Term or within 180 days after the Return Occasion or the Scheduled Expiry Date, whichever is later; for this purpose, compliance shall be by terminating action if:
(i) no special or unique manufacturer inspection or check requirements specific to the Aircraft will exist unless there is no Lessee has complied by terminating action available from any source;for sixty-five percent (65%) of the aircraft of the same model and series then operated by Lessee; or
(jii) the latest date permitted by such Airworthiness Directive for required compliance by terminating action falls within 180 days after the Return Occasion or the Scheduled Expiry Date, whichever is later.
(iii) In no event shall there be any non-transferable time extensions, waivers, deviations or alternative means of compliance with any Airworthiness Directions or other Regulations.
(g) have installed all applicable vendor's and manufacturerManufacturer's service bulletin kits received free of charge by Lessee during the Lessee Term that are appropriate for the Aircraft and, and to the extent not installed, those kits which have been received with respect to this Aircraft will be furnished free of charge to the Lessor;
(kh) be free have the fuselage, empennage, wings and pylons stripped (or sanded if only three or less coats of any system-related leaks which are outside maintenance manual limitationspaint) and painted in such livery as Lessor may designate in accordance with standard industry practice;
(l) all fluid reservoirs (including fuel, oil, oxygen, hydraulic and water) will be full, and the waste tank serviced in accordance with the manufacturer's instructions;
(m) if required under the Approved Maintenance Program, all fuel tanks will have recently undergone an anti-fungus/biological growth contamination laboratory evaluation, and any excessive levels of contamination corrected;
(n) have an FAA-approved aging aircraft program in operation and up-to-date; and
(oi) have all signs and decals clean, secure and legible;
(j) [NOT APPLICABLE];
(k) have no open, deferred, continued, carry over or placarded maintenance items or watch items or placarded log book items, and all other log book discrepancies shall be cleared;
(l) all discrepancies discovered during the inspections described above which exceed the Manufacturer's maintenance manual allowable limits for in-service aircraft shall have been repaired in accordance with FAA-approved procedures;
(m) all repairs of a temporary or interim nature, requiring repetitive inspections or future upgrading, including external doublers with blind fasteners, shall be upgraded to permanent repair in accordance with the Manufacturer's Maintenance Planning Document or structural repair manual; and
(n) all systems shall be fully operational for their intended functions in accordance with the Manufacturer's Maintenance Planning Document specifications.
Appears in 1 contract
Samples: Aircraft Lease Agreement (Turn Works Acquisition Iii Sub a Inc)
General Condition. The Aircraft will:
(a) be clean by international airline standards;
(b) have installed the full complement of engines and other material equipment, parts and accessories and loose equipment required under the Agreed Maintenance Program and as is normally installed in the other Boeing/XxXxxxxxx Xxxxxxx MD-87 aircraft operated by Lessee (together with any additions and improvements theretoAircraft, or replacements thereof, effected pursuant to and in accordance with this Agreement) and be in a condition suitable for immediate operation in commercial service;
(c) be airworthy, conform to type design and be have in existence a condition for safe operation with all equipment, components and systems operating in accordance with their intended use and within limits established by the manufacturer and approved by the Aviation Authority, and all pilot discrepancies and deferred maintenance items cleared on a terminating action basis;
(d) have a U.S. Standard Transport Category Certificate valid certificate of Airworthiness issued by the FAA in accordance with FAR Part 129 airworthiness (or if required by the Lessor, be eligible for a valid export certificate of airworthiness airworthiness) with respect to the Aircraft issued by the Aviation AuthorityFAA;
(d) comply with the original specifications at delivery as specified in Schedules 1 and unconditionally meet all FAA requirements for immediate operations under FAR Part 1299 save as otherwise expressly provided in this Agreement;
(e) comply with have undergone, no more than 5 days prior to redelivery, a C-Check as defined in the aircraft manufacturer's original specification Maintenance Planning Document and the currently approved Lessee's Maintenance Schedule so that all airframe inspections falling due within the period to the extent that it so complied on next C-Check cycle according to the date of this Agreement and subject to any alterations made pursuant to and in accordance with this Agreement after such datecurrent maintenance policy have been accomplished;
(f) have undergone, immediately prior to redelivery, the MSG-3 equivalent of a "C" Check in accordance with the Agreed Maintenance Program so that had accomplished all Airframe inspections falling due within the next 3,000 hours, 3,000 cycles or twelve months (whichever is applicable and most limiting) of operation in accordance with the Agreed Maintenance Program have been accomplished;
(g) if the Flight Hours of the Airframe remaining until the scheduled completion of the Major Checks (collectively, a "Complete Heavy Work Package") on the Expiry Date are:
(i) less than on the Delivery Date, then the Lessee shall pay to the Lessor an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are less than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00, provided, however, that no payment shall be due from -------- ------- Lessee under this clause (g)(i) if, immediately preceding the redelivery of the Aircraft, the Lessee has performed a Complete Heavy Work Package;
(ii) more than on the Delivery Date, then the Lessor shall pay to the Lessee an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are more than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00; For the avoidance of doubt, any amounts due to the Lessor pursuant to this clause (g) may be set off against any amounts due to Lessee pursuant to paragraphs (b) or (d) of Schedule 10 and a payment made for the net amount due;
(h) have complied with all outstanding airworthiness directives and mandatory orders similar requirements affecting that model of Aircraft issued by the Aviation Authority FAA (and, if different, i) prior to the FAAcommencement of the Term and having a compliance date no earlier than 91 days after the commencement of the Term and no later than 90 days after the end of the Term or (ii) that are required terminating action during the Term and having a compliance date no later than 90 days after the end of the Term, in accordance with the terms hereof;
(i) no special or unique manufacturer inspection or check requirements specific to the Aircraft will exist unless there is no terminating action available from any source;
(jg) have installed all applicable vendor's and manufacturer's service bulletin kits received free of charge by the Lessee that are appropriate for the Aircraft and, and to the extent not installed, those kits which have been received with respect to this Aircraft will be furnished free of charge to the Lessor;
(kh) the Aircraft shall be free of any system-related leaks which are outside maintenance manual limitationspainted white;
(l) all fluid reservoirs (including fuel, oil, oxygen, hydraulic and water) will be full, and the waste tank serviced in accordance with the manufacturer's instructions;
(m) if required under the Approved Maintenance Program, all fuel tanks will have recently undergone an anti-fungus/biological growth contamination laboratory evaluation, and any excessive levels of contamination corrected;
(n) have an FAA-approved aging aircraft program in operation and up-to-date; and
(oi) have all signs and decals clean, secure and legible; and
(j) at the request of Lessor, remove any Equipment Change and restore the Aircraft to its condition prior to such Equipment Change.
Appears in 1 contract
General Condition. The At the time of delivery to Boeing, each Used Aircraft willwill (i) have been maintained and repaired in accordance with Seller’s maintenance and repair program, authorized by the appropriate governmental aviation authority (CAAC) having jurisdiction (“Seller’s Maintenance Program”) and, (ii) meet the following requirements:
(a) Each Used Aircraft shall be clean serviceable as defined by international airline standards;the manufacturers AXX xxx XXX xx xxxxx XXX xxxxxxxxxxxxxx (x.x XXX, XXX, XX). Furthermore, if each Used Aircraft can be demonstrated to be ferried to the final delivery location according to CAAC airworthiness regulations the Used Aircraft will also be deemed to be serviceable.
(b) have installed the full complement of engines and other material equipment, parts and accessories and loose equipment required under the Agreed Maintenance Program and installed in the other Boeing/XxXxxxxxx Xxxxxxx MD-87 aircraft operated by Lessee (together with any additions and improvements thereto, or replacements thereof, effected pursuant to and in accordance with this Agreement) and Each Used Aircraft will be in a serviceable condition suitable for immediate operation in commercial service;
(c) be airworthy, conform to type design and be in a condition for safe operation with all of the Used Aircraft equipment, components and systems operating functioning in accordance with their intended use and within limits established irrespective of deviations or variations authorized by the manufacturer and approved Minimum Equipment List (MXX) or Configuration Deviation List (CDL).
(c) Each Used Aircraft will be clean by the Aviation AuthoritySeller’s commercial airline standards, and all pilot discrepancies will be cosmetically acceptable and deferred maintenance items cleared on a terminating action basis;complete.
(d) have a U.S. Standard Transport Category Each Used Aircraft will at time of delivery to Boeing have, and be in compliance with, an Export Certificate of Airworthiness issued by the FAA in accordance with FAR Part 129 (or if required by the Lessor, be eligible for a valid export certificate of airworthiness with respect to the Aircraft issued by the Aviation Authority) and unconditionally meet all FAA requirements for immediate operations under FAR Part 129;appropriate aviation authority having jurisdiction over Seller.
(e) comply with the manufacturer's original specification Each Used Aircraft will not have installed any PMA (Parts Manufacturer Approval) life limited parts in place of OEM (Original Equipment Manufacturer) life limited parts. This applies to all life limited parts installed internal and external to the extent that it so complied on the date of this Agreement installed Engines and subject to any alterations made pursuant to APU, landing gear, airframe, and in accordance with this Agreement after such date;components.
(f) have undergone, immediately prior to redelivery, the MSG-3 equivalent of a "C" Check in accordance with the Agreed Maintenance Program so that all Airframe inspections falling due within the next 3,000 hours, 3,000 cycles or twelve months (whichever is applicable and most limiting) of operation in accordance with the Agreed Maintenance Program have been accomplished;
(g) if the Flight Hours of the Airframe remaining until the scheduled completion of the Major Checks (collectively, a "Complete Heavy Work Package") on the Expiry Date are:
(i) less than on the Delivery Date, then the Lessee shall pay to the Lessor an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are less than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00, provided, however, that no payment shall be due from -------- ------- Lessee under this clause (g)(i) if, immediately preceding the redelivery of the Aircraft, the Lessee has performed a Complete Heavy Work Package;
(ii) more than on the Delivery Date, then the Lessor shall pay to the Lessee an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are more than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00; For the avoidance of doubt, any amounts due to the Lessor pursuant to this clause (g) may be set off against any amounts due to Lessee pursuant to paragraphs (b) or (d) of Schedule 10 and a payment made for the net amount due;
(h) have complied with all airworthiness directives and mandatory orders affecting that model of Aircraft issued by the Aviation Authority (and, if different, the FAA) that are required terminating action during the Term;
(i) no special or unique manufacturer inspection or check requirements specific to the Each Used Aircraft will exist unless there is no terminating action available from any source;
(j) not have installed all applicable vendor's and manufacturer's service bulletin kits received free of charge by the Lessee that are appropriate for the Aircraft andthereon any equipment, to the extent not installed, those kits which have been received with respect to this Aircraft will be furnished free of charge to the Lessor;
(k) be free of any system-related leaks components and/or parts which are outside maintenance manual limitations;
(l) leased or loaned or otherwise owned by a third party. Prior to delivery of each Used Aircraft to Boeing all fluid reservoirs (including fuelleased or loaned equipment, oil, oxygen, hydraulic and water) will either be full, and the waste tank serviced in accordance purchased by Seller or be replaced with the manufacturer's instructions;
(m) if required under the Approved Maintenance Program, all fuel tanks will have recently undergone an anti-fungus/biological growth contamination laboratory evaluation, and any excessive levels of contamination corrected;
(n) have an FAA-approved aging aircraft program in operation and up-to-date; and
(o) have all signs and decals clean, secure and legibleSeller owned equipment.
Appears in 1 contract
Samples: Acquisition Agreement (China Eastern Airlines Corp LTD)
General Condition. The Aircraft will:
(a) be clean by international airline standards;
(b) The Aircraft shall have installed the full complement of engines and other material equipment, parts and accessories and loose equipment required under the Agreed Maintenance Program and Parts as is normally installed in the other Boeing/XxXxxxxxx Xxxxxxx MD-87 aircraft operated by Lessee (together with any additions such Aircraft, and improvements thereto, or replacements thereof, effected pursuant to and in accordance with this Agreement) and shall be in a condition suitable for immediate operation in commercial service, all installed systems to be fully operational;
(b) The Aircraft shall comply with the Manufacturer's original specifications as defined in the Boeing Detail Specification Document No. [ ] and the Manuals and Technical Records delivered with the Aircraft and modified by the incorporation of all airworthiness directives and approved service bulletins and engineering orders which are accepted by the Lessee up to the date of redelivery;
(c) be airworthyHave undergone, conform immediately prior to type design redelivery (save for such additional Flight Hours as are required to conduct the test flight and be ferry flight referred to in Clause 19.7), a condition for safe operation with all equipment, components and systems operating C Check performed by the Approved Maintenance performer in accordance with their intended use and within limits established by the manufacturer and approved by the Aviation Authority, and all pilot discrepancies and deferred maintenance items cleared on a terminating action basisApproved Maintenance Programme;
(d) have a U.S. Standard Transport Category Certificate of Airworthiness issued by the FAA in accordance with FAR Part 129 (or if required by the LessorAll outstanding airworthiness directives, be eligible for a valid export certificate of airworthiness with respect to the Aircraft issued by the Aviation Authority) and unconditionally meet all FAA Structural Inspection requirements for immediate operations under FAR Part 129;
(e) comply with the manufacturer's original specification to the extent that it so complied on the date of this Agreement and subject to any alterations made pursuant to and in accordance with this Agreement after such date;
(f) have undergone, immediately prior to redelivery, the MSG-3 equivalent of a "C" Check in accordance with the Agreed Maintenance Program so that all Airframe inspections falling due within the next 3,000 hours, 3,000 cycles or twelve months (whichever is applicable and most limiting) of operation in accordance with the Agreed Maintenance Program have been accomplished;
(g) if the Flight Hours of the Airframe remaining until the scheduled completion of the Major Checks (collectively, a "Complete Heavy Work Package") on the Expiry Date are:
(i) less than on the Delivery Date, then the Lessee shall pay to the Lessor an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are less than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00, provided, however, that no payment shall be due from -------- ------- Lessee under this clause (g)(i) if, immediately preceding the redelivery of the Aircraft, the Lessee has performed a Complete Heavy Work Package;
(ii) more than on the Delivery Date, then the Lessor shall pay to the Lessee an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are more than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00; For the avoidance of doubt, any amounts due to the Lessor pursuant to this clause (g) may be set off against any amounts due to Lessee pursuant to paragraphs (b) or (d) of Schedule 10 and a payment made for the net amount due;
(h) have complied with all airworthiness directives and mandatory orders affecting that such model of Aircraft issued by the Manufacturer of the Aircraft or the Aviation Authority and/or the FAA which require compliance or termination within three hundred and sixty (and360) days following redelivery of the Aircraft or until the next C Check of the Aircraft following redelivery of the Aircraft, if differentwhichever is the later, shall have been accomplished and all maintenance discrepancies cleared from the FAA) that are required terminating action during the Termlogbook;
(ie) no special or unique manufacturer inspection or check requirements specific to A Spectrographic Oil Analysis Programme ("SOAP") sample shall be taken of the Aircraft will exist unless there is no terminating action available from any source;
(j) have installed all applicable vendor's oil in each Engine and manufacturer's service bulletin kits received free of charge by the Lessee that are appropriate for the Aircraft and, to the extent not installed, those kits which have been received with respect to this Aircraft will be furnished free of charge to the Lessor;
(k) be free of any system-related leaks which are outside maintenance manual limitations;
(l) all fluid reservoirs (including fuel, oil, oxygen, hydraulic and water) will be full, auxiliary power unit and the waste tank serviced in accordance with results shall meet the manufacturer's instructions;
(m) if required under requirements of the Approved Maintenance Program, all fuel tanks will have recently undergone an anti-fungus/biological growth contamination laboratory evaluation, and any excessive levels of contamination corrected;
(n) have an FAA-approved aging aircraft program in operation and up-to-dateappropriate maintenance manual; and
(of) have all signs and decals cleanThe Aircraft shall be in the same seating configuration as at Delivery or, secure and legiblesubject to Lessor receiving in a serviceable condition with FAA 8130 Tags attached the removed seats from the delivery configuration, the seating configuration used by Lessee at the time of redelivery inclusive of associated documentation.
Appears in 1 contract
Samples: Aircraft Lease Agreement (Western Pacific Airlines Inc /De/)