Insurance Covenants. Lessee will:- (a) ensure that all legal requirements as to insurance of the Aircraft, any Engine or any Part which may from time to time be imposed by the laws of the State of Registration or any state to, from or over which the Aircraft may be flown, in so far as they affect or concern the operation of the Aircraft, are complied with and in particular those requirements compliance with which is necessary to ensure that (i) the Aircraft is not in danger of detention or forfeiture, (ii) the Insurances remain valid and in full force and effect, and (iii) the interests of the Indemnitees in the Insurances and the Aircraft or any Part are not thereby prejudiced; (b) not use, cause or permit the Aircraft, any Engine or any Part to be used for any purpose or in any manner not covered by the Insurances or outside any geographical limit imposed by the Insurances; (c) comply with the terms and conditions of each policy of the Insurances and not do, consent or agree to any act or omission which:- (i) invalidates or may invalidate the Insurances; or (ii) renders or may render void or voidable the whole or any part of any of the Insurances; or (iii) brings any particular liability within the scope of an exclusion or exception to the Insurances; (d) not take out without the prior written approval of Lessor any insurance or reinsurance in respect of the Aircraft other than those required under this Agreement unless relating solely to hull total loss, business interruption, profit commission and deductible risk; (e) commence renewal procedures at least * days prior to expiry of any of the Insurances and provide to Lessor:- (i) if requested by Lessor, a written status report of renewal negotiation * days prior to each expiry date; (ii) telexed telecopy confirmation of completion of renewal prior to each expiry date; and (iii) certificates of insurance (and where appropriate certificates of reinsurance), and broker's (and any reinsurance brokers') letter of undertaking in a form acceptable to Lessor in English, detailing the coverage and confirming the insurers' (and any reinsurers') agreement to the specified insurance requirements of this Agreement within * days after each renewal date; (f) on request, provide to Lessor copies of documents or other information evidencing the Insurances; (g) on request, provide to Lessor evidence that the Insurance premiums have been paid; (h) not make any modification or alteration to the Insurances material and adverse to the interests of any of the Indemnitees; (i) be responsible for any deductible under the Insurances; and (j) provide any other insurance and reinsurance related information, or assistance, in respect of the Insurances as Lessor may reasonably require.
Appears in 4 contracts
Samples: Aircraft Lease Agreement (Frontier Airlines Inc /Co/), Aircraft Lease Agreement (Frontier Airlines Inc /Co/), Aircraft Lease Agreement (Frontier Airlines Inc /Co/)
Insurance Covenants. The Lessee will:-shall:
(a) ensure that all legal requirements as to insurance of the Aircraft, any Engine or any Part which that may from time to time be imposed by the laws of the State of Registration or any state jurisdiction to, from or over which the Aircraft may be flown, in so far as they affect or concern the operation of the Aircraft, are complied with and and, in particular particular, those requirements compliance with which is necessary to ensure that that:
(i) the Aircraft is does not in danger of become subject to detention or forfeiture, ;
(ii) the Insurances remain valid and in full force and effect, and ; and
(iii) the interests of the Indemnitees in the Insurances and the Aircraft or any Part are not thereby prejudiced;
(b) not use, cause or permit the Aircraft, any Engine or any Part to be used for any purpose or in any manner not covered by the Insurances or outside any geographical limit imposed by the Insurances;
(c) comply with the terms and conditions of each policy of the Insurances and not do, consent or agree to any act or omission which:-that:
(i) invalidates or may reasonably be expected to invalidate the Insurances; or;
(ii) renders or may reasonably be expected to render void or voidable the whole or any part of any of the Insurances; or
(iii) brings any particular liability within the scope of an exclusion or exception to the Insurances;
(d) not take out without the prior written approval of the Lessor any insurance or reinsurance in respect of the Aircraft other than those of the type required under this Agreement unless relating solely to hull total loss, business interruption, engine break-down, profit commission and deductible riskrisk or which would otherwise have no adverse impact on the Insurances required to be carried by Lessee under this Agreement;
(e) commence renewal procedures at least * 30 days prior to expiry the expiration of any of the Insurances and provide to Lessor:-the Lessor and Mortgagee:
(i) if requested by the Lessor, a written status report of renewal negotiation * negotiations 14 days prior to each expiry expiration date;
(ii) telexed telecopy telefaxed confirmation of completion of renewal prior to each expiry expiration date; and
(iii) certificates a certificate of insurance (and where appropriate certificates of reinsurance), and broker's (and any reinsurance brokers') letter of undertaking substantially in a the form acceptable to Lessor set out in EnglishParts 2 and 3 of Schedule 5, detailing the coverage and confirming the insurers' (and any reinsurers') agreement to the specified insurance requirements of this Agreement within * seven days after each renewal date;
(f) on request, provide to the Lessor and Mortgagee copies of those documents or other information evidencing the InsurancesInsurances which the Lessor and Mortgagee may reasonably request;
(g) on request, provide to the Lessor and Mortgagee evidence that the Insurance premiums have been paid;
(h) not make any modification or alteration to the Insurances material and adverse to the interests of any of the Indemnitees;
(i) be responsible for any deductible under the Insurances; and
(j) provide any other insurance and reinsurance related information, or assistance, in respect of the Insurances as the Lessor may reasonably requirerequest.
Appears in 3 contracts
Samples: Lease Agreement (Vanguard Airlines Inc \De\), Lease Agreement (Vanguard Airlines Inc \De\), Lease Agreement (Vanguard Airlines Inc \De\)
Insurance Covenants. Lessee will:-will:
(a) ensure Ensure that all legal requirements as to insurance of the Aircraft, any Engine or any Part which may from time to time be imposed by the laws of the State of Registration or any state towhich can assert jurisdiction over the Lessee, from its business or over which the Aircraft may be flownAircraft, in so far as they affect or concern the operation of the Aircraft, are complied with and in particular those requirements compliance with which is necessary to ensure that (i) the Aircraft is not in danger of detention or forfeiture, (ii) the Insurances Insurance remain valid and in full force and effect, and (iii) the interests of the Indemnitees in the Insurances Insurance and the Aircraft or any Part are not thereby prejudiced;
(b) not Not use, cause or permit the Aircraft, any Engine or any Part to be used for any purpose or in any manner not covered by the Insurances Insurance or outside any geographical limit imposed by the InsurancesInsurance;
(c) comply Comply with the terms and conditions of each policy of the Insurances Insurance and not do, consent or agree to any act or omission which:-which:
(i) invalidates or may invalidate the InsurancesInsurance; or
(ii) renders or may render void or voidable the whole or any part of any of the InsurancesInsurance; or
(iii) brings any particular liability within the scope of an exclusion or exception to the InsurancesInsurance;
(d) not Not take out without the prior written approval of Lessor any insurance or reinsurance in respect of the Aircraft other than those required under this Agreement unless relating solely to hull total loss, business interruption, profit commission and deductible risk;
(e) commence Commence renewal procedures at least * days within a reasonable period prior to expiry expiration of any of the Insurances Insurance and provide to Lessor:-Lessor:
(i) if requested by Lessor, a written status report of renewal negotiation * 14 days prior to each expiry expiration date;
(ii) telexed telecopy facsimiled confirmation of completion of renewal prior to each expiry expiration date; and;
(iii) certificates of insurance (and where appropriate certificates of reinsurance), and broker's (and any reinsurance brokers') letter of undertaking in a form acceptable to Lessor in EnglishLessor, detailing the coverage and confirming the insurers' (and any reinsurers') agreement to the specified insurance requirements of this Agreement within * seven (7) days after each renewal date;
(f) on On request, provide to Lessor copies of documents or other information evidencing the InsurancesInsurance;
(g) on On request, provide to Lessor evidence that the Insurance premiums have been paid;
(h) not Not make any modification or alteration to the Insurances Insurance material and adverse to the interests of any of the Indemnitees;
(i) be Be responsible for any deductible under the InsurancesInsurance; and
(j) provide Provide any other insurance and reinsurance related information, or assistance, in respect of the Insurances Insurance as Lessor may reasonably require.
Appears in 3 contracts
Samples: Aircraft Lease Agreement (Vanguard Airlines Inc \De\), Aircraft Lease Agreement (Vanguard Airlines Inc \De\), Aircraft Lease Agreement (Vanguard Airlines Inc \De\)
Insurance Covenants. Lessee will:-will:
(a) ensure that all legal requirements as relating to the insurance of the Aircraft, any Engine or any Part Aircraft which may from time to time be imposed by the laws of the State of Registration or any state to, from country to or over within which the Aircraft may be flown, in so far as they affect or concern the operation of the Aircraft, operated are complied with and in particular those requirements compliance with which is necessary to ensure that that:
(i) the Aircraft is not in danger of detention or forfeiture, ;
(ii) the Insurances remain valid and in full force and effect, and ;
(iii) the interests of the Indemnitees in the Insurances and the Aircraft or any Part are not thereby prejudiced;
(b) not use, cause or permit the Aircraft, any Engine or any Part Aircraft to be used for any purpose or in any manner inconsistent with or not fully covered by the Insurances or outside any geographical limit imposed by the Insurances;
(c) comply with the terms and conditions of each policy of the Insurances and not do, consent or agree to any act or omission which:-which:
(i) invalidates or may invalidate the Insurances; or
(ii) renders or may render void or voidable the whole or any part of any of the Insurances; or
(iii) brings any particular liability within the scope of an exclusion or exception to the Insurances;
(d) not take out without the prior written approval of Lessor any insurance or reinsurance in respect of the Aircraft other than those that required under this Agreement unless relating solely Lease, provided, however, Lessee may, without prior written approval of, or notification to, Lessor, procure additional insurance coverage, under the condition that no additional insurance procured by Lessee shall have the effect of suspending, impairing, defeating, invalidating or rendering unenforceable or reducing, in whole or in part, the coverage of or the proceeds payable under any Insurance required to hull total loss, business interruption, profit commission be provided and deductible riskmaintained by Lessee under this Lease;
(e) commence renewal procedures at least * thirty (30) days prior to expiry of any of the Insurances and provide to Lessor:-Lessor:
(i) if requested by Lessor, a written status report of renewal negotiation * negotiations fourteen (14) days prior to each such expiry date;
(ii) telexed telecopy written confirmation of completion of renewal prior to each such expiry date; and
(iii) certificates of insurance (and where appropriate certificates of reinsurance), and brokerBroker's (and any reinsurance brokers') letter letters of undertaking each in a form acceptable and substance reasonably satisfactory to Lessor in English, detailing the coverage and confirming the insurers' within seven (and any reinsurers'7) agreement to the specified insurance requirements of this Agreement within * days after each renewal date;
(f) on requestrequest made from time to time, provide procure that copies of the policies and endorsements (excluding premium information) with respect to the Insurances required under this Clause 11 be made available to Lessor copies on reasonable notice for inspection by its representative during normal business hours at the principal place of documents business of Lessee or other information evidencing the InsurancesBroker;
(g) on request, provide to Lessor evidence that the Insurance premiums have been paid;
(h) not make any material modification or alteration to the Insurances material and which is adverse to the interests of any of the Indemnitees;
(i) be responsible for any deductible under the Insurances; and;
(j) provide any other insurance and reinsurance related informationinformation or assistance in respect of the Insurances that Lessor may reasonably require;
(k) effect and maintain, or assistanceto the fullest extent customarily available in the international aviation insurance markets, in respect of the Insurances as Lessor may reasonably require.Aircraft at all times cover in respect of risks associated with failure of any Computer System to be Year 2000 Compliant (so that if at any time "clause AVN2000A Date Recognition Clause" or any equivalent clause is endorsed on the Insurances, Lessee will ensure that "Clause AVN2001A Date Recognition Limited Coverage Clause" and "Clause AVN2002A Date Recognition Limited Coverage Clause" or equivalent clauses are endorsed on the Insurances), where;
Appears in 2 contracts
Samples: Aircraft Lease Agreement (Ubics Inc), Aircraft Purchase Agreement (Ubics Inc)
Insurance Covenants. Lessee will:-LESSEE will:
(ai) ensure that all legal requirements as to insurance of the Aircraft, any Engine or any Part which may from time to time be imposed by the laws Laws of the State of Registration Registration, the jurisdiction of organization of LESSEE or any state to, from or over which the Aircraft may be flown, in so far as they affect or concern the operation of the AircraftAircraft Activity, are complied with and in particular those requirements compliance with which is necessary to ensure that (i) the Aircraft is not in danger of detention or forfeiture, (ii) the Insurances remain valid and in full force and effect, and (iii) the interests of the Indemnitees in the Insurances and the Aircraft or any Part are not thereby prejudicedwith;
(b) not use, cause or permit the Aircraft, any Engine or any Part to be used for any purpose or in any manner not covered by the Insurances or outside any geographical limit imposed by the Insurances;
(cii) comply with the terms and conditions of each policy of the Insurances and not do, consent or agree to any act or omission which:-which:
(ia) invalidates or may invalidate the Insurances; or;
(iib) renders or may render void or voidable the whole or any part of any of the Insurances; orand/or
(iiic) brings any particular insured liability within the scope of an exclusion or exception to the Insurances;
(d) not take out without the prior written approval of Lessor any insurance or reinsurance in respect of the Aircraft other than those required under this Agreement unless relating solely to hull total loss, business interruption, profit commission and deductible risk;
(e) commence renewal procedures at least * days prior to expiry of any of the Insurances and provide to Lessor:-
(i) if requested by Lessor, a written status report of renewal negotiation * days prior to each expiry date;
(ii) telexed telecopy confirmation of completion of renewal prior to each expiry date; and
(iii) certificates of insurance (and where appropriate certificates of reinsurance), and broker's (and any reinsurance brokers') letter of undertaking in a form acceptable to Lessor in English, detailing the coverage and confirming the insurers' (and any reinsurers') agreement to the specified insurance requirements of this Agreement within * days after each renewal date;
(f) on request, provide to Lessor copies of documents or other information evidencing the Insurances;
(g) on request, provide to Lessor evidence that the Insurance premiums have been paid;
(h) not make any modification or alteration to the Insurances material and adverse to the interests of any of the IndemniteesIndemnitees and notify LESSOR promptly of any modification or alteration;
(iiv) be solely responsible for any deductible under the Insurances; and;
(jv) provide any other insurance information and reinsurance related information, or assistance, assistance in respect of the Insurances as Lessor that LESSOR may from time to time reasonably require, including, but not limited to, information as to any claim being made or threatened to be made, information as to the payment of premium and evidence as LESSOR may require as to LESSEE's compliance with its obligations under this Article 18;
(vi) not create any Security Interests over the Insurances other than in favor of LESSOR; and
(vii) not take out insurances with respect to the Aircraft or any Engine other than as required under this Lease where such insurance will or may prejudice the Insurances or recovery hereunder (such as insuring the Aircraft for a value higher than the Agreed Value) provided that LESSEE may carry hull all risks and hull war and allied perils cover on the Aircraft in excess of the Agreed Value (which is payable to LESSOR) only to the extent that such excess insurance (which is payable to the LESSEE) does not exceed 10% of the Agreed Value and only to the extent that such excess insurance will not prejudice the insurance required herein or recovery by the LESSOR thereunder.
Appears in 2 contracts
Insurance Covenants. Lessee will:-will:
(a1) ensure that all legal requirements as to insurance of the Aircraft, any Engine or any Part which may from time to time be imposed by the laws of the State Jurisdiction of Registration Registration, the Jurisdiction of Incorporation, or any state to, from from, or over which the Aircraft may be flown, in so far insofar as they affect or concern the operation of the Aircraft, are complied with and in particular those requirements requirements, compliance with which is necessary to ensure that that:
(ia) the Aircraft is not in danger material risk of detention or forfeiture, ;
(iib) the Insurances remain valid and in full force and effect, and ; and
(iiic) the interests of the Indemnitees in the Insurances and the Aircraft Aircraft, any Engine or any Part are not thereby prejudiced;
(b2) not use, cause or permit the Aircraft, any Engine or any Part to be used for any purpose or in any manner not covered by the Insurances or outside any geographical limit imposed by the Insurances;
(c3) comply with the terms and conditions of each policy of the Insurances and not do, consent or agree to any act or omission which:-which:
(ia) invalidates or may reasonably be expected to invalidate the Insurances; or
(iib) renders renders, or may render reasonably be expected to render, void or voidable the whole or any part of any of the Insurances; or
(iiic) brings any particular liability within the scope of an exclusion or exception to the Insurances;
(d4) not take out without the prior written approval of Lessor any insurance or reinsurance in respect of the Aircraft other than those required under this Agreement unless relating solely to hull total loss, business interruption, profit commission and deductible risk;[Intentionally omitted.]
(e5) commence renewal procedures at least * days in due time prior to expiry of any of the Insurances and provide to Lessor:-Lessor:
(ia) if requested by Lessor, a written status report of renewal negotiation * negotiations 10 days prior to each expiry date;
(iib) facsimile or telexed telecopy confirmation of completion of renewal together with summary of conditions prior to each expiry date; and
(iiic) certificates of insurance (and where appropriate certificates of reinsurance), ) and broker's (and any reinsurance brokers') letter of undertaking in a form reasonably acceptable to Lessor in accordance with the provisions of this Clause 9, in English, detailing the coverage and confirming the insurers' (and any reinsurers') agreement to the specified insurance requirements of this Agreement within * 7 days after each renewal dateof renewal;
(f6) on request, provide to Lessor copies of documents or other information evidencing the Insurances;[Intentionally omitted.]
(g7) on request, provide to Lessor evidence that the Insurance premiums have been paid;[Intentionally omitted.]
(h) 8) not make any modification or alteration to the Insurances material and adverse to the interests of any of the Indemnitees;
(i9) be responsible for any deductible under the Insurances; and
(j10) provide any other insurance and reinsurance related information, or assistance, information in respect of the Insurances as Lessor may reasonably require.
Appears in 2 contracts
Samples: Aircraft Lease Agreement (Copa Holdings, S.A.), Aircraft Lease Agreement (Copa Holdings, S.A.)
Insurance Covenants. The Lessee will:-shall:
(a) ensure that all legal requirements as to insurance of the Aircraft, any Engine or any Part which that may from time to time be imposed by the laws of the State of Registration or any state jurisdiction to, from or over which the Aircraft may be flown, in so far as they affect or concern the operation of the Aircraft, are complied with and and, in particular particular, those requirements compliance with which is necessary to ensure that that:
(i) the Aircraft is does not in danger of become subject to detention or forfeiture, ;
(ii) the Insurances remain valid and in full force and effect, and ; and
(iii) the interests of the Indemnitees in the Insurances and the Aircraft or any Part are not thereby prejudiced;
(b) not use, cause or permit the Aircraft, any Engine or any Part to be used for any purpose or in any manner not covered by the Insurances or outside any geographical limit imposed by the Insurances;
(c) comply with the terms and conditions of each policy of the Insurances and not do, consent or agree to any act or omission which:-that:
(i) invalidates or may reasonably be expected to invalidate the Insurances; or;
(ii) renders or may reasonably be expected to render void or voidable the whole or any part of any of the Insurances; or
(iii) brings any particular liability within the scope of an exclusion or exception to the Insurances;
(d) not take out without the prior written approval of the Lessor any insurance or reinsurance in respect of the Aircraft other than those of the type required under this Agreement unless relating solely to hull total loss, business interruption, engine break-down, profit commission and deductible risk;
(e) commence renewal procedures at least * 30 days prior to expiry the expiration of any of the Insurances and provide to Lessor:-the Lessor and the Lender:
(i) if requested by the Lessor, a written status report of renewal negotiation * negotiations 14 days prior to each expiry expiration date;
(ii) telexed telecopy telefaxed confirmation of completion of renewal prior to each expiry expiration date; and
(iii) certificates a certificate of insurance (and where appropriate certificates of reinsurance), and broker's (and any reinsurance brokers') letter of undertaking substantially in a the form acceptable to Lessor set out in EnglishParts 2 and 3 of Schedule 4, detailing the coverage and confirming the insurers' (and any reinsurers') agreement to the specified insurance requirements of this Agreement within * seven days after each renewal date;
(f) on request, provide to the Lessor and the Lender copies of those documents or other information evidencing the InsurancesInsurances which the Lessor and the Lender may reasonably request;
(g) on request, provide to the Lessor and the Lender evidence that the Insurance premiums have been paid;
(h) not make any modification or alteration to the Insurances material and adverse to the interests of any of the Indemnitees;
(i) be responsible for any deductible under the Insurances; and
(j) provide any other insurance and reinsurance related information, or assistance, in respect of the Insurances as the Lessor may reasonably requirerequest.
Appears in 2 contracts
Samples: Lease Agreement (Turn Works Acquisition Iii Sub a Inc), Lease Agreement (Turn Works Acquisition Iii Sub a Inc)
Insurance Covenants. Lessee will:-will:
(a) ensure that all legal requirements as to insurance of the Aircraft, any Engine or any Part which may from time to time be imposed by the laws of the State of Registration or any state to, from or over which the Aircraft may be flown, in so far as they affect or concern the operation of the Aircraft, are complied with and in particular those requirements compliance with which is necessary to ensure that (i) the Aircraft is not in danger of detention or forfeiture, (ii) the Insurances remain valid and in full force and effect, and (iii) the interests of the Indemnitees in the Insurances and the Aircraft or any Part are not thereby prejudiced;
(b) not use, cause or permit the Aircraft, any Engine or any Part to be used for any purpose or in any manner not covered by the Insurances or outside any geographical limit imposed by the Insurances;
(c) comply with the terms and conditions of each policy of the Insurances and not do, consent or agree to any act or omission which:-which:
(i) invalidates or may invalidate the Insurances; or
(ii) renders or may render void or voidable the whole or any part of any of the Insurances; or
(iii) brings any particular liability within the scope of an exclusion or exception to the Insurances;; ALA MSN 2851 – Global Crossing Airlines
(d) not take out without the prior written approval of Lessor any insurance or reinsurance in respect of the Aircraft other than those required under this Agreement unless relating solely to hull total loss, business interruption, profit commission and deductible riskthe extent such insurance has the effect of invalidating the Insurances;
(e) commence renewal procedures at least * 30 days prior to expiry of any of the Insurances and provide to Lessor:-
(i) if requested by Lessor, a written status report of renewal negotiation * days prior to each expiry date;
(ii) telexed telecopy confirmation of completion of renewal prior to each expiry date; and
(iii) Lessor certificates of insurance (and where appropriate certificates of reinsurance), and a broker's ’s (and any reinsurance brokers'’) letter of undertaking in a form reasonably acceptable to Lessor in English, detailing the coverage and confirming the insurers' ’ (and any reinsurers'’) agreement to the specified insurance requirements of this Agreement within * 7 days after each renewal date;
(f) on written request, from time to time, provide to Lessor copies certificates of documents or other information insurance evidencing the Insurances;
(g) on request, provide to Lessor evidence that the Insurance premiums have been paid;
(h) not make any modification or alteration to the Insurances material and that are adverse to the interests of any of the IndemniteesIndemnitees without Lessor’s prior written consent;
(i) be responsible for any deductible under the Insurances; and
(j) provide any other insurance and reinsurance related information, or assistance, in respect of the Insurances as Lessor may reasonably requirerequire and request in writing.
Appears in 1 contract
Samples: Aircraft Lease Agreement (Global Crossing Airlines Group Inc.)
Insurance Covenants. Lessee will:-shall:
(a) ensure that all legal requirements as to insurance of the Aircraft, any Engine or any Part which that may from time to time be imposed by the laws of the State of Registration or any state jurisdiction to, from or over which the Aircraft may be flown, in so far as they affect or concern the operation of the Aircraft, are complied with and and, in particular particular, those requirements compliance with which is necessary to ensure that that:
(i) the Aircraft is does not in danger of become subject to detention or forfeiture, ;
(ii) the Insurances remain valid and in full force and effect, and ; and
(iii) the interests of the Indemnitees in the Insurances and the Aircraft or any Part are not thereby prejudiced;
(b) not use, cause or permit the Aircraft, any Engine or any Part to be used for any purpose or in any manner not covered by the Insurances or outside any geographical limit imposed by the Insurances;
(c) comply with the terms and conditions of each policy of the Insurances and not do, consent or agree to any act or omission which:-that:
(i) invalidates or may reasonably be expected to invalidate the Insurances; or;
(ii) renders or may reasonably be expected to render void or voidable the whole or any part of any of the Insurances; or
(iii) brings any particular liability within the scope of an exclusion or exception to the Insurances;
(d) not take out without the prior written approval of Lessor any insurance or reinsurance in respect of the Aircraft other than those of the type required under this Agreement unless relating solely to hull total loss, business interruption, engine break-down, profit commission and deductible risk;
(e) commence renewal procedures at least * days prior to expiry of any of the Insurances and provide to Lessor:-
(i) if requested by Lessor, a written status report of renewal negotiation * days prior to each expiry date;
(ii) telexed telecopy confirmation of completion of renewal prior to each expiry date; and
(iii) certificates of insurance (and where appropriate certificates of reinsurance), and broker's (and any reinsurance brokers') letter of undertaking in a form acceptable to Lessor in English, detailing the coverage and confirming the insurers' (and any reinsurers') agreement to the specified insurance requirements of this Agreement within * days after each renewal date;
(f) on request, provide to Lessor copies of those documents or other information evidencing the InsurancesInsurances which Lessor may reasonably request;
(gf) on request, provide to Lessor evidence that the Insurance premiums have been paid;
(hg) not make any modification or alteration to the Insurances material and adverse to the interests of any of the Indemnitees;
(ih) be responsible for any deductible under the Insurances; and
(j) and provide any other insurance and reinsurance related information, or assistance, in respect of the Insurances as Lessor may reasonably requirerequest.
Appears in 1 contract
Samples: Lease Agreement (Global Crossing Airlines Group Inc.)
Insurance Covenants. Lessee will:-Sublessee shall:
(a) 22.3.1 ensure that all legal requirements as to insurance of the Aircraft, any Engine or any Part which may from time to time be imposed by the laws of the State of Registration or any state to, from or over which the Aircraft may be flown, in so far as they affect or concern the operation of the Aircraft, are complied with and in particular those requirements compliance with which is necessary to ensure that (i) the Aircraft is not in danger of detention or forfeiture, (ii) the Insurances remain valid and in full force and effect, and (iii) the interests of the Indemnitees in the Insurances and the Aircraft or any Part are not thereby prejudicedwith;
(b) not use, cause or permit the Aircraft, any Engine or any Part to be used for any purpose or in any manner not covered by the Insurances or outside any geographical limit imposed by the Insurances;
(c) 22.3.2 comply with the terms and conditions of each policy of the Insurances and not do, consent or agree to any act or omission which:-which:
(i) invalidates or may invalidate the Insurances; or
(ii) renders or may render void or voidable the whole or any part of any of the Insurances; or
(iii) brings any particular insured liability within the scope of an exclusion or exception to the Insurances;
(d) not take out without the prior written approval of Lessor any insurance or reinsurance in respect of the Aircraft other than those required under this Agreement unless relating solely to hull total loss, business interruption, profit commission and deductible risk;
(e) commence renewal procedures at least * days prior to expiry of any of the Insurances and provide to Lessor:-
(i) if requested by Lessor, a written status report of renewal negotiation * days prior to each expiry date;
(ii) telexed telecopy confirmation of completion of renewal prior to each expiry date; and
(iii) certificates of insurance (and where appropriate certificates of reinsurance), and broker's (and any reinsurance brokers') letter of undertaking in a form acceptable to Lessor in English, detailing the coverage and confirming the insurers' (and any reinsurers') agreement to the specified insurance requirements of this Agreement within * days after each renewal date;
(f) on request, provide to Lessor copies of documents or other information evidencing the Insurances;
(g) on request, provide to Lessor evidence that the Insurance premiums have been paid;
(h) 22.3.3 not make any modification or alteration to the Insurances material and adverse to the interests of any of the Indemnitees;
(i) 22.3.4 be responsible for any deductible under the Insurances; and;
(j) 22.3.5 provide any other insurance information and reinsurance related information, or assistance, assistance in respect of the Insurances that Sublessor may from time to time reasonably require including, for the avoidance of doubt, lists of the underwriters and the exposures of each of those underwriters which may carry the Insurances from time to time;
22.3.6 not create any Security Interests over the Insurances except pursuant to the Assignment of Insurances;
22.3.7 not use or keep or permit the Aircraft or any part thereof to be used or kept for any purpose, in any manner or in any place not covered by the required policies;
22.3.8 not cause or permit the Aircraft or any part thereof to be employed in any place or in any manner or for any purpose inconsistent with the terms or outside the cover provided by any required policy;
22.3.9 not knowingly effect or authorise the placement of insurance covering the same subject matter as Lessor that covered by the Insurances (except on a contingent or other secondary basis); and
22.3.10 furnish to the Sublessor:
(i) on the date hereof and thereafter within seven (7) days after each renewal date of each policy a certificate or certificates signed by the insurers or the insurance broker providing evidence of insurance coverage pursuant to this Agreement;
(ii) on request, confirmation of payment by, or at the direction of the Sublessor of each sum payable under or in connection with any required policy;
(iii) on request, such evidence as the Sublessor may reasonably requirerequire of the Sublessee's compliance with its obligations under this Agreement; and
(iv) any notice received from the insurers or the insurance brokers (within three Business Days of receipt) relating to or in connection with any cancellation of the Insurances or any material alteration of the Insurances.
Appears in 1 contract
Samples: Aircraft Sublease Agreement (Frontier Airlines Inc /Co/)
Insurance Covenants. The Lessee will:-shall:
(a) ensure that all legal requirements as to insurance of the Aircraft, any Engine or any Part which may from time to time be imposed by the laws of the State of Registration or any state to, from or over which the Aircraft may be flown, flown in so far as they affect or concern the operation of the Aircraft, are complied with and and, in particular particular, those requirements compliance with which is necessary to ensure that that:
(i) the Aircraft is not in danger of detention or forfeiture, ;
(ii) the Insurances remain valid and in full force and effect, and ; and
(iii) the interests of the Indemnitees in the Insurances and the Aircraft or any Part are not thereby prejudiced;
(b) not use, cause or permit the Aircraft, any Engine or any Part to be used for any purpose or in any manner not covered by the Insurances or outside any geographical limit imposed by the Insurances;
(c) comply with the terms and conditions of each policy of the Insurances and not do, consent or agree to any act or omission which:-which:
(i) invalidates or may is reasonably expected to invalidate the Insurances; or
(ii) renders or may is reasonably expected to render void or voidable the whole or any part of any of the Insurances; or
(iii) brings any particular liability within the scope of an exclusion or exception to the Insurances;
(d) not take out without the prior written approval consent of the Lessor any insurance or reinsurance in respect of the Aircraft other than those required under this Agreement unless relating Agreement, if such other insurance would prejudice the Lessor's or any other Indemnitee's rights with respect to the Insurances. The Lessor agrees that, subject to the foregoing, the Lessee may maintain additional hull or other insurance in relation to the Aircraft, Engines or Parts thereof or insurance in excess of the amounts required to be maintained hereunder. Insurance proceeds arising out of such other or excess insurance shall be paid solely to hull total loss, business interruption, profit commission and deductible risk;the Lessee.
(e) commence renewal procedures at least * 30 days prior to expiry of any of the Insurances and provide to Lessor:-the Lessor:
(i) if requested by the Lessor, a written status report of renewal negotiation * negotiations 14 days prior to each expiry date;
(ii) telexed telecopy confirmation of completion of renewal prior to each expiry date; and;
(iii) certificates of insurance (and where appropriate certificates of reinsurance), and broker's (and any reinsurance brokers') letter of undertaking substantially in a the form acceptable to Lessor set out in EnglishParts 2 and 3 of Schedule 4, detailing the coverage and confirming the insurers' (and any reinsurers') agreement to the specified insurance requirements of this Agreement within * 7 days after each renewal date;
(f) on requestrequest and subject to clause (j) below, provide to the Lessor copies of documents or other information evidencing the Insurances;
(g) on request, provide to the Lessor evidence that the Insurance premiums have been paid;
(h) not make any modification or alteration to the Insurances Insurance material and adverse to the interests of any of the Indemnitees;
(i) be responsible for any deductible under the Insurances; and
(j) provide any other insurance and reinsurance related information, or assistance, in respect of the Insurances as the Lessor may reasonably requirerequest, provided always that the provision thereof would not violate any confidentiality undertaking of the Lessee with such insurers and that the Lessor shall not disclose such information to any third parties other than the Beneficial Owner, the Banks, the Head Lessor and their respective professional advisors or as may be required by applicable law, in each case obtaining such undertakings and taking such precautions as shall be commercially reasonable under the circumstances to protect the confidentiality of such information. The Lessee shall not be required to provide any actual insurance policy hereunder unless the insurers decline coverage and a good faith dispute exists in respect thereof with the Lessor in which event the Lessee shall provide such portions of such policies bearing on such coverage or dispute as the Lessor may reasonably request.
Appears in 1 contract
Samples: Lease Agreement (Western Pacific Airlines Inc /De/)
Insurance Covenants. Lessee will:-will:
(a) ensure that all legal requirements as to insurance of the Aircraft, any Engine or any Part which may from time to time be imposed by the laws of the State United States of Registration America or any state to, from or over which the Aircraft may be flown, in so far as they affect or concern the operation of the Aircraft, are complied with and in particular those requirements compliance with which is necessary to ensure that (i) the Aircraft is not in danger of detention or forfeiture, (ii) the Insurances remain valid and in full force and effect, and (iii) the interests of the Indemnitees in the Insurances and the Aircraft or any Part are not thereby prejudiced;
(b) not use, cause or permit the Aircraft, any Engine or any Part to be used for any purpose or in any manner not covered by the Insurances or outside any geographical limit imposed by the Insurances;
(c) comply with the terms and conditions of each policy of the Insurances and not do, consent or agree to any act or omission which:-which:
(i) invalidates or may invalidate the Insurances; or
(ii) renders or may render void or voidable the whole or any part of any of the Insurances; or
(iii) brings any particular liability within the scope of an exclusion or exception to the Insurances;
(d) not take out without the prior written approval of Lessor any insurance or reinsurance in respect of the Aircraft other than those required under this Agreement unless relating solely to hull total loss, business interruption, profit commission and deductible riskif such insurance or reinsurance adversely affects the insurance or reinsurance required under this Agreement;
(e) commence renewal procedures at least * 30 days prior to expiry of any of the Insurances and provide to Lessor:-Lessor:
(i) if requested by Lessor, a written status report of renewal negotiation * 14 days prior to each expiry date;
(ii) telexed telecopy confirmation of completion of renewal prior to each expiry date; and;
(iii) certificates of insurance (and where appropriate certificates of reinsurance), and broker's (and any reinsurance brokers') letter of undertaking in a form acceptable to Lessor in Englishundertaking, detailing the coverage and confirming the insurers' (and any reinsurers'reinsurer's) agreement to the specified insurance requirements of this Agreement Agreement, within * 7 days after each renewal date;
(f) on request, provide to Lessor copies of documents or other information evidencing the Insurances;
(g) on request, provide to Lessor evidence that the Insurance premiums have been paid;
(h) not make any modification or alteration to the Insurances material and adverse to the interests of any of the Indemnitees;
(i) be responsible for any deductible under the Insurances; and
(j) provide any other insurance and reinsurance related information, or assistance, in respect of the Insurances as Lessor may reasonably require.
Appears in 1 contract
Insurance Covenants. Lessee will:-will:
(a) ensure Ensure that all legal requirements as to insurance of the Aircraft, any Engine or any Part which may from time to time be imposed by the laws of the State of Registration or any state towhich can assert jurisdiction over the Lessee, from its business or over which the Aircraft may be flownAircraft, in so far as they affect or concern the operation of the Aircraft, are complied with and in particular those requirements compliance with which is necessary to ensure that (i) the Aircraft is not in danger of detention or forfeiture, (ii) the Insurances Insurance remain valid and in full force and effect, and (iii) the interests of the Indemnitees in the Insurances Insurance and the Aircraft or any Part are not thereby prejudiced;
(b) not Not use, cause or permit the Aircraft, any Engine or any Part to be used for any purpose or in any manner not covered by the Insurances Insurance or outside any geographical limit imposed by the InsurancesInsurance except as provided by Section 8.3(i);
(c) comply Comply with the terms and conditions of each policy of the Insurances Insurance and not do, consent or agree to any act or omission which:-which:
(i) invalidates or may invalidate the InsurancesInsurance; or
(ii) renders or may render void or voidable the whole or any part of any of the InsurancesInsurance; or
(iii) brings any particular liability within the scope of an exclusion or exception to the InsurancesInsurance;
(d) not take out without the prior written approval of Lessor any insurance or reinsurance in respect of the Aircraft other than those required under this Agreement unless relating solely to hull total loss, business interruption, profit commission and deductible risk;Not used.
(e) commence Commence renewal procedures at least * days within a reasonable period prior to expiry expiration of any of the Insurances Insurance and provide to Lessor:-Lessor:
(i) if requested by Lessor, a written status report of renewal negotiation * 14 days prior to each expiry expiration date;
(ii) telexed telecopy facsimiled confirmation of completion of renewal prior to each expiry expiration date; and;
(iii) certificates of insurance (and where appropriate certificates of reinsurance), and broker's (and any reinsurance brokers') letter of undertaking in a form acceptable to Lessor in EnglishLessor, detailing the coverage and confirming the insurers' (and any reinsurers') agreement to the specified insurance requirements of this Agreement within * seven (7) days after each renewal date;
(f) on On reasonable request, provide to Lessor copies a certificate of documents or other information evidencing the Insurancesinsurance issued by Lessee's insurance brokers;
(g) on On reasonable request, provide to Lessor evidence that the Insurance premiums have been paid;
(h) not Not make any modification or alteration to the Insurances Insurance material and adverse to the interests of any of the Indemnitees;
(i) be Be responsible for any deductible under the InsurancesInsurance; and
(j) provide Provide any other insurance and reinsurance related information, or assistance, in respect of the Insurances Insurance as Lessor may reasonably require.
Appears in 1 contract
Insurance Covenants. Lessee will:-Sublessee shall:
(ai) ensure that all legal requirements as to insurance of the Aircraft, any Engine or any Part which may from time to time be imposed by the laws of the State of Registration or any state to, from or over which the Aircraft may be flown, in so far as they affect or concern the operation of the Aircraft, are complied with and in particular those requirements compliance with which is necessary to ensure that (i) the Aircraft is not in danger of detention or forfeiture, (ii) the Insurances remain valid and in full force and effect, and (iii) the interests of the Indemnitees in the Insurances and the Aircraft or any Part are not thereby prejudicedwith;
(b) not use, cause or permit the Aircraft, any Engine or any Part to be used for any purpose or in any manner not covered by the Insurances or outside any geographical limit imposed by the Insurances;
(cii) comply with the terms and conditions of each policy of the Insurances and not do, consent or agree to any act or omission which:-which:
(ia) invalidates or may invalidate the Insurances; or
(iib) renders or may render void or voidable the whole or any part of any of the Insurances; or
(iiic) brings any particular insured liability within the scope of an exclusion or exception to the Insurances;
(d) not take out without the prior written approval of Lessor any insurance or reinsurance in respect of the Aircraft other than those required under this Agreement unless relating solely to hull total loss, business interruption, profit commission and deductible risk;
(e) commence renewal procedures at least * days prior to expiry of any of the Insurances and provide to Lessor:-
(i) if requested by Lessor, a written status report of renewal negotiation * days prior to each expiry date;
(ii) telexed telecopy confirmation of completion of renewal prior to each expiry date; and
(iii) certificates of insurance (and where appropriate certificates of reinsurance), and broker's (and any reinsurance brokers') letter of undertaking in a form acceptable to Lessor in English, detailing the coverage and confirming the insurers' (and any reinsurers') agreement to the specified insurance requirements of this Agreement within * days after each renewal date;
(f) on request, provide to Lessor copies of documents or other information evidencing the Insurances;
(g) on request, provide to Lessor evidence that the Insurance premiums have been paid;
(h) not make any modification or alteration to the Insurances material and adverse to the interests of any of the Indemnitees;
(iiv) be responsible for any deductible under the Insurances; and;
(jv) provide any other insurance information and reinsurance related information, or assistance, assistance in respect of the Insurances that Sublessor may from time to time reasonably require including, for the avoidance of doubt, lists of the underwriters and the exposures of each of those underwriters which may carry the Insurances from time to time; and
(vi) not use or keep or permit the Aircraft or any part thereof to be used or kept for any purpose, in any manner or in any place not covered by the required policies;
(vii) not cause or permit the Aircraft or any part thereof to be employed in any place or in any manner or for any purpose inconsistent with the terms or outside the cover provided by any required policy;
(viii) not knowingly effect or authorize the placement of insurance covering the same subject matter as Lessor that covered by the Insurances (except on a contingent or other secondary basis); and
(ix) furnish to Sublessor:
(a) not later than seven (7) days prior to the Scheduled Delivery Date and thereafter within seven (7) days after each renewal date of each policy, a certificate or certificates signed by the insurers or the insurance broker and a letter of undertaking by the insurance broker providing evidence of insurance coverage pursuant to this Agreement;
(b) on request, confirmation of payment by, or at the direction of the Sublessor of each sum payable under or in connection with any required policy;
(c) on request, such evidence as the Sublessor may reasonably requirerequire of the Sublessee's compliance with its obligations under this Agreement; and
(d) any notice received from the insurers or the insurance brokers (within three (3) Business Days of receipt) relating to or in connection with any cancellation of the Insurances or any material alteration of the Insurances.
Appears in 1 contract
Samples: Aircraft Sublease Agreement (Frontier Airlines Inc /Co/)
Insurance Covenants. Lessee will:-shall:
(a) ensure or procure that all legal requirements as relating to the insurance of the Aircraft, any Engine or any Part Aircraft which may from time to time be imposed by the laws of the State of Registration or any state country to, from or over which the Aircraft may be flown, in so far as they affect or concern the operation of the Aircraft, flown are complied with and in particular those requirements compliance with which is necessary to ensure that that:
(i) the Aircraft is not in danger of detention or forfeiture, ;
(ii) the Insurances insurances remain valid and in full force and effect, and ; and
(iii) the interests of the Indemnitees in the Insurances insurances and the Aircraft or any Part are not thereby prejudiced;
(b) not use, cause or permit the Aircraft, any Engine or any Part Aircraft to be used for any purpose or in any manner inconsistent with or not fully covered by the Insurances insurances or outside any geographical limit imposed by the Insurancesinsurances;
(c) comply with the terms and conditions of each policy of the Insurances insurances and not do, consent consent, agree or agree permit to occur any act or omission which:-which:
(i) invalidates or may invalidate the Insurancesinsurances; or
(ii) renders or may render void or voidable the whole or any part of any of the Insurancesinsurances; or
(iii) brings any particular liability within the scope of an exclusion or exception to the Insurancesinsurances;
(d) not take out without the prior written approval of Lessor any insurance or reinsurance in respect of the Aircraft other than those required under this Agreement unless relating solely to hull total loss, business interruption, profit commission and deductible risk;
(e) commence renewal procedures at least * thirty (30) days prior to expiry of any of the Insurances insurances and provide to Lessor:-Lessor:
(i) if requested by Lessor, a written status report of renewal negotiation * negotiations fourteen (14) days prior to each such expiry date;
(ii) telexed telecopy confirmation of completion of renewal on or prior to each renewal date (subject to such Insurance Broker customarily providing such at that time) confirmation from the relevant Insurance Broker that the insurance coverage required to be effected in accordance with this Agreement has been renewed prior to the expiry date; andof the current policy;
(iii) certificates a certificate of insurance (and where appropriate certificates applicable a certificate of reinsurance), and and, where reasonably requested by Lessor, a broker's ’s (and any where applicable a reinsurance brokers'broker’s) letter of undertaking in a form acceptable to Lessor in English, detailing the coverage and confirming the insurers' ’ (and any reinsurers'’) agreement to the specified insurance requirements of this Agreement within * days as soon as it is available and in any event no later than five (5) Business Days after each renewal date;
(f) on request, provide to Lessor copies of documents or other information evidencing the Insurances;
(g) on request, provide to Lessor evidence that the Insurance premiums have been paid;
(h) not make any modification or alteration to the Insurances material and adverse to the interests of any expiration of the Indemniteescurrent insurance period;
(i) be responsible for any deductible under the Insurances; and
(j) provide any other insurance and reinsurance related information, or assistance, in respect of the Insurances as Lessor may reasonably require.
Appears in 1 contract
Samples: Aircraft Lease Agreement (Latam Airlines Group S.A.)
Insurance Covenants. The Lessee will:-shall:
(a) ensure that all legal requirements as to insurance of the Aircraft, any Engine or any Part which that may from time to time be imposed by the laws of the State of Registration or any state jurisdiction to, from or over which the Aircraft may be flown, in so far as they affect or concern the operation of the Aircraft, are complied with and and, in particular particular, those requirements compliance with which is necessary to ensure that that:
(i) the Aircraft is does not in danger of become subject to detention or forfeiture, ;
(ii) the Insurances remain valid and in full fall force and effect, and ; and
(iii) the interests of the Indemnitees in the Insurances and the Aircraft or any Part are not thereby prejudiced;
(b) not use, cause or permit the Aircraft, any Engine or any Part to be used for any purpose or in any manner not covered by the Insurances or outside any geographical limit imposed by the Insurances;
(c) comply with the terms and conditions of each policy of the Insurances and not do, consent or agree to any act or omission which:-that:
(i) invalidates or may reasonably be expected to invalidate the Insurances; or;
(ii) renders or may reasonably be expected to render void or voidable the whole or any part of any of the Insurances; or
(iii) brings any particular liability within the scope of an exclusion or exception to the Insurances;
(d) not take out without the prior written approval of the Lessor and the Lender any insurance or reinsurance in respect of the Aircraft other than those of the type required under this Agreement unless relating solely to hull total loss, business interruption, engine break-down, profit commission and deductible risk;
(e) commence renewal procedures at least * 30 days prior to expiry the expiration of any of the Insurances and provide to Lessor:-the Lessor and the Lender:
(i) if requested by Lessorthe Lessor or the Lender, a written status report of renewal negotiation * negotiations 14 days prior to each expiry expiration date;
(ii) telexed telecopy telefaxed confirmation of completion of renewal prior to each expiry expiration date; and;
(iii) certificates a certificate of insurance (and where appropriate certificates of reinsurance), and broker's (and any reinsurance brokers') letter of undertaking substantially in a the form acceptable to Lessor set out in EnglishParts 2 and 3 of Schedule 4, detailing the coverage and confirming the insurers' (and any reinsurers') agreement to the specified insurance requirements of this Agreement within * seven days after each renewal date;
(f) on request, provide to the Lessor and the Lender copies of those documents or other information evidencing the InsurancesInsurances which the Lessor and the Lender may reasonably request;
(g) on request, provide to the Lessor and the Lender evidence that the Insurance premiums have been paid;
(h) not make any modification or alteration to the Insurances material and adverse to the interests of any of the Indemnitees;
(i) be responsible for any deductible under the Insurances; and
(j) provide any other insurance and reinsurance related information, or assistance, in respect of the Insurances as the Lessor may reasonably requirerequest.
Appears in 1 contract
Samples: Lease Agreement (Turn Works Acquisition Iii Sub a Inc)
Insurance Covenants. Lessee will:-Sublessee shall:
(ai) ensure that all legal requirements as to insurance of the Aircraft, any Engine or any Part which may from time to time be imposed by the laws of the State of Registration or any state to, from or over which the Aircraft may be flown, in so far as they affect or concern the operation of the Aircraft, are complied with and in particular those requirements compliance with which is necessary to ensure that (i) the Aircraft is not in danger of detention or forfeiture, (ii) the Insurances remain valid and in full force and effect, and (iii) the interests of the Indemnitees in the Insurances and the Aircraft or any Part are not thereby prejudicedwith;
(b) not use, cause or permit the Aircraft, any Engine or any Part to be used for any purpose or in any manner not covered by the Insurances or outside any geographical limit imposed by the Insurances;
(cii) comply with the terms and conditions of each policy of the Insurances and not do, consent or agree to any act or omission which:-which:
(ia) invalidates or may invalidate the Insurances; or
(iib) renders or may render void or voidable the whole or any part of any of the Insurances; or
(iiic) brings any particular insured liability within the scope of an exclusion or exception to the Insurances;
(d) not take out without the prior written approval of Lessor any insurance or reinsurance in respect of the Aircraft other than those required under this Agreement unless relating solely to hull total loss, business interruption, profit commission and deductible risk;
(e) commence renewal procedures at least * days prior to expiry of any of the Insurances and provide to Lessor:-
(i) if requested by Lessor, a written status report of renewal negotiation * days prior to each expiry date;
(ii) telexed telecopy confirmation of completion of renewal prior to each expiry date; and
(iii) certificates of insurance (and where appropriate certificates of reinsurance), and broker's (and any reinsurance brokers') letter of undertaking in a form acceptable to Lessor in English, detailing the coverage and confirming the insurers' (and any reinsurers') agreement to the specified insurance requirements of this Agreement within * days after each renewal date;
(f) on request, provide to Lessor copies of documents or other information evidencing the Insurances;
(g) on request, provide to Lessor evidence that the Insurance premiums have been paid;
(h) not make any modification or alteration to the Insurances material and adverse to the interests of any of the Indemnitees;
(iiv) be responsible for any deductible under the Insurances; and;
(jv) provide any other insurance information and reinsurance related information, or assistance, assistance in respect of the Insurances that Sublessor may from time to time reasonably require including, for the avoidance of doubt, lists of the underwriters and the exposures of each of those underwriters which may carry the Insurances from time to time; and
(vi) not use or keep or permit the Aircraft or any part thereof to be used or kept for any purpose, in any manner or in any place not covered by the required policies;
(vii) not cause or permit the Aircraft or any part thereof to be employed in any place or in any manner or for any purpose inconsistent with the terms or outside the cover provided by any required policy;
(viii) not knowingly effect or authorise the placement of insurance covering the same subject matter as Lessor that covered by the Insurances (except on a contingent or other secondary basis); and
(ix) furnish to Sublessor:
(a) not later than seven (7) days prior to the Scheduled Delivery Date and thereafter within seven (7) days after each renewal date of each policy, a certificate or certificates signed by the insurers or the insurance broker and a letter of undertaking by the insurance brokerproviding evidence of insurance coverage pursuant to this Agreement;
(b) on request, confirmation of payment by, or at the direction of the Sublessor of each sum payable under or in connection with any required policy;
(c) on request, such evidence as the Sublessor may reasonably requirerequire of the Sublessee's compliance with its obligations under this Agreement; and
(d) any notice received from the insurers or the insurance brokers (within three (3) Business Days of receipt) relating to or in connection with any cancellation of the Insurances or any material alteration of the Insurances.
Appears in 1 contract
Samples: Aircraft Sublease Agreement (Frontier Airlines Inc /Co/)
Insurance Covenants. Lessee will:-will:
(a) 11.4.1 ensure that all legal requirements as relating to the insurance of the Aircraft, any Engine or any Part Aircraft which may from time to time be imposed by the laws of the State of Registration or any state country to, from or over within which the Aircraft may be flown, in so far as they affect or concern the operation of the Aircraft, operated are complied with and in particular those comply with all requirements compliance with which is are necessary to ensure that that:
(ia) the Aircraft is not in danger of detention or forfeiture, ;
(iib) the Insurances remain valid and in full force and effect, and ; and
(iiic) the interests of the Indemnitees in the Insurances and the Aircraft or any Part are not thereby prejudiced;
(b) 11.4.2 not use, cause or permit the Aircraft, any Engine or any Part Aircraft to be used for any purpose or in any manner inconsistent with or not fully covered by the Insurances or outside any geographical limit imposed by the Insurances;
(c) 11.4.3 comply with the terms and conditions of each policy of the Insurances and not do, consent or agree to any act or omission which:-which:
(ia) invalidates or may invalidate the Insurances; or
(iib) renders or may render void or voidable the whole or any part of any of the Insurances; or
(iiic) brings any particular liability within the scope of an exclusion or exception to the Insurances;; or
(d) in any way results in discrimination between the insurance cover applicable to the Aircraft and the insurance cover applicable to other aircraft operated by Lessee;
11.4.4 not take out without the prior written approval of Lessor any insurance or reinsurance in respect of the Aircraft other than those that required under this Agreement unless relating solely Lease, provided, however, Lessee may, without prior written approval of, or notification to, Lessor, procure additional insurance coverage, under the condition that no additional insurance procured by Lessee shall have the effect of suspending, impairing, defeating, invalidating or rendering unenforceable or reducing, in whole or in part, the coverage of or the proceeds payable under any Insurance required to hull total loss, business interruption, profit commission be provided and deductible riskmaintained by Lessee under this Lease;
(e) 11.4.5 commence renewal or replacement procedures at least * days on a timely basis prior to expiry of any of the Insurances and provide to Lessor:-Lessor:
(ia) if requested by Lessor, a written status report of renewal negotiation * or replacement negotiations fourteen (14) days prior to each expiry date;
(ii) telexed telecopy confirmation of completion of renewal prior to each such expiry date; and
(iiib) certificates of insurance (and or where appropriate certificates of reinsurance), and broker's Broker’s (and or any reinsurance brokers'’) letter letters of undertaking each in a form acceptable and substance reasonably satisfactory to Lessor in English, detailing the coverage and confirming the insurers' within seven (and any reinsurers'7) agreement to the specified insurance requirements of this Agreement within * days after each renewal or replacement date;
11.4.6 on request made from time to time and in each case subject to the confidentiality provisions of Clause 17.6, procure that copies of the policies and endorsements (fexcluding premium information) with respect to the Insurances required under this Clause 11 be made available to Lessor on requestreasonable notice for inspection by its representative during normal business hours at the principal place of business of Lessee or the Broker;
11.4.7 promptly following Lessor’s request (such to be made not more often than once in each year unless an Event of Default has occurred which is continuing), provide to Lessor copies of documents or other information evidencing the Insurances;
(g) on request, provide to Lessor evidence confirmation that the Insurance premiums have been paid;
(h) 11.4.8 not make any material modification or alteration to the Insurances material and which is adverse to the interests of any of the Indemnitees;
(i) 11.4.9 be responsible for any deductible under the Insurances; and;
(j) 11.4.10 provide any other information or assistance in respect of the Insurances that Lessor may reasonably request in writing;
11.4.11 effect and maintain, to the fullest extent customarily available in the international aviation insurance and reinsurance related information, or assistancemarkets at a reasonable cost to Lessee, in respect of the Insurances as Lessor may reasonably require.Aircraft at all times cover in respect of risks associated with failure of any Computer System to be Year 2000 Compliant (so that if at any time “clause AVN2000A Date Recognition Clause” or any equivalent clause is endorsed on the Insurances, Lessee will ensure that “Clause AVN2001A Date Recognition Limited Coverage Clause” and “Clause AVN2002A Date Recognition Limited Coverage Clause” or equivalent clauses are endorsed on the Insurances), where;
Appears in 1 contract
Samples: Aircraft Lease Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.)
Insurance Covenants. Lessee will:-will:
(a) ensure that all legal requirements as to insurance of the Aircraft, any Engine or any Part which may from time to time be imposed by the laws of the State of Registration or any state to, from or over which the Aircraft may be flown, in so far as they affect or concern the operation of the Aircraft, are complied with and in particular those requirements compliance with which is necessary to ensure that (i) the Aircraft is not in danger of detention or forfeiture, (ii) the Insurances insurances remain valid and in full force and effect, and (iii) the interests of the Indemnitees in the Insurances and the Aircraft or any Part are not thereby prejudiced;
(b) not use, cause or permit the Aircraft, any Engine or any Part to be used for any purpose or in any manner not covered by the Insurances or outside any geographical limit imposed by the Insurances;
(c) comply with the terms and conditions of each policy of the Insurances and not do, consent or agree to any act or omission which:-which:
(i) invalidates or may invalidate the Insurances; oror -35-
(ii) renders or may render void or voidable the whole or any part of any of the Insurances; or
(iii) brings any particular liability within the scope of an exclusion or exception to the Insurances;
(d) not take out without the prior written approval of Lessor any insurance or reinsurance in respect of the Aircraft other than those required under this Agreement unless relating solely to hull total loss, business interruption, profit commission and deductible risk. Notwithstanding the foregoing, Lessee may, at its own cost, increase the Agreed Value over the value currently provided for in this Agreement;
(e) commence renewal procedures at least * 30 days prior to expiry of any of the Insurances and provide to Lessor:-Lessor:
(i) if requested by Lessor, a written statement status report of renewal negotiation * 14 days prior to each expiry date;.
(ii) telexed telecopy confirmation of completion of renewal prior to each expiry date; and;
(iii) certificates of insurance (and where whether appropriate certificates of reinsurance), and broker's (and any reinsurance brokers') letter of undertaking in a form acceptable to Lessor in English, detailing the coverage and confirming the insurers' (and any reinsurers') agreement to the specified insurance requirements of this Agreement within * 7 days after each renewal date;
(f) on request, and if a Default shall have occurred, provide to Lessor copies of documents or other information evidencing the Insurances;
(g) on request, and if a Default shall have occurred, provide to Lessor evidence that the Insurance premiums have been paid;
(h) not make any modification or alteration to the Insurances insurances material and adverse to the interests of any of the Indemnitees;
(i) be responsible for any deductible under the Insurances; and
(j) provide any other insurance and reinsurance related information, or assistance, in respect of the Insurances as Lessor may reasonably require.
Appears in 1 contract
Samples: Aircraft Lease Agreement (Turn Works Acquisition Iii Sub a Inc)
Insurance Covenants. 17.3.1 The Lessee will:-will comply with each Insurance policy and will not do or omit to do anything, or permit any act or omission, which:
(a) ensure that all legal requirements as results in or could reasonably be expected to insurance of the Aircraft, any Engine or any Part which may from time to time be imposed by the laws of the State of Registration or any state to, from or over which the Aircraft may be flown, in so far as they affect or concern the operation of the Aircraft, are complied with and in particular those requirements compliance with which is necessary to ensure that (i) the Aircraft is not in danger of detention or forfeiture, (ii) the Insurances remain valid and in full force and effect, and (iii) the interests of the Indemnitees result in the Insurances and the Aircraft Insurance not being valid in any respect or any Part are not thereby prejudiced;which renders it or which could reasonably be expected to render it wholly or partially void or voidable; or
(b) not usecould reasonably be expected to bring any particular liability, cause or permit the Aircraft, any Engine or any Part to that would otherwise be used for any purpose or in any manner not covered by the Insurances or outside any geographical limit imposed by the Insurances;
(c) comply with the terms and conditions of each policy of the Insurances and not doInsurance, consent or agree to any act or omission which:-
(i) invalidates or may invalidate the Insurances; or
(ii) renders or may render void or voidable the whole or any part of any of the Insurances; or
(iii) brings any particular liability if a claim were made, within the scope of an exclusion from or an exception to it; or
(c) results in any alteration to, or the Insurances;creation of any Security Interest (other than a Permitted Security Interest) in, the Insurances and which could reasonably be expected to prejudice the interests of any Indemnitee; or
(d) is in breach of or does not take out comply with Applicable Regulations as regards insurance requirements for the Aircraft.
17.3.2 The Lessee shall:
(a) not without the prior written approval of notice to the Lessor take out any insurance or reinsurance in respect of the Aircraft (other than those required under this Agreement unless relating solely to hull total loss, business interruptionloss of use insurance, profit commission and deductible riskcommission, engine breakdown cover and/or deductibles risk insurance) other than that required under this Agreement;
(e) commence renewal procedures at least * days prior to expiry of any of the Insurances and provide to Lessor:-
(i) if requested by Lessor, a written status report of renewal negotiation * days prior to each expiry date;
(ii) telexed telecopy confirmation of completion of renewal prior to each expiry date; and
(iii) certificates of insurance (and where appropriate certificates of reinsurance), and broker's (and any reinsurance brokers') letter of undertaking in a form acceptable to Lessor in English, detailing the coverage and confirming the insurers' (and any reinsurers') agreement to the specified insurance requirements of this Agreement within * days after each renewal date;
(f) on request, provide to Lessor copies of documents or other information evidencing the Insurances;
(g) on request, provide to Lessor evidence that the Insurance premiums have been paid;
(h) not make any modification or alteration to the Insurances material and adverse to the interests of any of the Indemnitees;
(ib) be responsible for any deductible under the Insurances; and;
(jc) provide any other insurance and reinsurance related information, information or assistance, assistance in respect of the Insurances that the Lessor or the Security Trustee may reasonably require, including, without limitation, in relation to the expiry and/or renewal of the Insurances;
(d) not settle any claim in excess of the Partial Loss Threshold in respect of physical damage arising under any of the Insurances in respect of any loss or damage without the prior written notice to the Lessor, acting reasonably; and – 46 – Aircraft MSN 38891
(e) notify the Lessor in writing of any payments of proceeds of Insurances that it receives in respect of the Aircraft in amounts exceeding the Partial Loss Threshold.
17.3.3 The Lessee will start renewal procedures at least thirty (30) days prior to the expiry of any policy of Insurance and provide to the Lessor:
(a) upon reasonable request from time to time, an update on the status of negotiations for renewal;
(b) on or prior to each renewal date (subject to such Insurance Broker customarily providing such at that time) confirmation from the relevant Insurance Broker that the insurance coverage required to be effected in accordance with this Agreement has been renewed prior to the expiry of the current policy;
(c) certificates of insurance (and where appropriate, reinsurance) and a Broker’s Letter of Undertaking, detailing the coverage of each policy and (subject to the Insurance Broker confirming such in its customary form of certificate of insurance) confirming the agreement of the approved underwriters to the specific insurance requirements of this Agreement or specifying this Agreement as a “Contract” for the purposes thereof, no later than seven (7) Business Days after each renewal date; and
(d) such other information regarding the Insurance as the Lessor may reasonably require.
Appears in 1 contract
Samples: Operating Lease Agreement (Latam Airlines Group S.A.)
Insurance Covenants. Lessee will:-
(a) ensure that all legal requirements as to insurance of the Aircraft, any Engine or any Part which may from time to time be imposed by the laws of the State of Registration or any state to, from or over which the Aircraft may be flown, in so far as they affect or concern the operation of the Aircraft, are complied with and in particular those requirements compliance with which is necessary to ensure that (i) the Aircraft is not in danger of detention or forfeiture, (ii) the Insurances remain valid and in full force and effect, and (iii) the interests of the Indemnitees in the Insurances and the Aircraft or any Part are not thereby prejudiced;
(b) not use, cause or permit the Aircraft, any Engine or any Part to be used for any purpose or in any manner not covered by the Insurances or outside any geographical limit imposed by the Insurances;
(c) comply with the terms and conditions of each policy of the Insurances and not do, consent or agree to any act or omission which:-
(i) invalidates or may invalidate the Insurances; or
(ii) renders or may render void or voidable the whole or any part of any of the Insurances; or
(iii) brings any particular liability within the scope of an exclusion or exception to the Insurances;
(d) not take out without the prior written approval of Lessor any insurance or reinsurance in respect of the Aircraft other than those required under this Agreement unless relating solely to hull total loss, business interruption, profit commission and deductible risk;
(e) commence renewal procedures at least * 30 days prior to expiry of any of the Insurances and provide to Lessor:-
(i) if requested by Lessor, a written status report of renewal negotiation * 14 days prior to each expiry date;
(ii) telexed telecopy confirmation of completion of renewal prior to each expiry date; and
(iii) certificates of insurance (and where appropriate certificates of reinsurance), and broker's (and any reinsurance brokers') letter of undertaking in a form acceptable to Lessor in English, detailing the coverage and confirming the insurers' (and any reinsurers') agreement to the specified insurance requirements of this Agreement within * 7 days after each renewal date;
(f) on request, provide to Lessor copies of documents or other information evidencing the Insurances;
(g) on request, provide to Lessor evidence that the Insurance premiums have been paid;
(h) not make any modification or alteration to the Insurances material and adverse to the interests of any of the Indemnitees;
(i) be responsible for any deductible under the Insurances; and
(j) provide any other insurance and reinsurance related information, or assistance, in respect of the Insurances as Lessor may reasonably require.
Appears in 1 contract
Samples: Aircraft Lease Agreement (Frontier Airlines Inc /Co/)
Insurance Covenants. Lessee will:-shall:
(ai) ensure that all legal requirements as to insurance of the Aircraft, any Engine or any Part which may from time to time be imposed by the laws of the State of Registration or any state to, from or over which the Aircraft may be flown, in so far as they affect or concern the operation of the Aircraft, are complied with and in particular those requirements compliance with which is necessary to ensure that (i) the Aircraft is not in danger of detention or forfeiture, (ii) the Insurances remain valid and in full force and effect, and (iii) the interests of the Indemnitees in the Insurances and the Aircraft or any Part are not thereby prejudicedwith;
(b) not use, cause or permit the Aircraft, any Engine or any Part to be used for any purpose or in any manner not covered by the Insurances or outside any geographical limit imposed by the Insurances;
(cii) comply with the terms and conditions of each policy of the Insurances and not do, consent or agree to any act or omission which:-which:
(ia) invalidates or may invalidate the Insurances; or
(iib) renders or may render void or voidable the whole or any part of any of the Insurances; or
(iiic) brings any particular insured liability within the scope of an exclusion or exception to the Insurances;
(d) not take out without the prior written approval of Lessor any insurance or reinsurance in respect of the Aircraft other than those required under this Agreement unless relating solely to hull total loss, business interruption, profit commission and deductible risk;
(e) commence renewal procedures at least * days prior to expiry of any of the Insurances and provide to Lessor:-
(i) if requested by Lessor, a written status report of renewal negotiation * days prior to each expiry date;
(ii) telexed telecopy confirmation of completion of renewal prior to each expiry date; and
(iii) certificates of insurance (and where appropriate certificates of reinsurance), and broker's (and any reinsurance brokers') letter of undertaking in a form acceptable to Lessor in English, detailing the coverage and confirming the insurers' (and any reinsurers') agreement to the specified insurance requirements of this Agreement within * days after each renewal date;
(f) on request, provide to Lessor copies of documents or other information evidencing the Insurances;
(g) on request, provide to Lessor evidence that the Insurance premiums have been paid;
(h) not make any modification or alteration to the Insurances material and adverse to the interests of any of the Indemnitees;
(iiv) be responsible for any deductible under the Insurances; and;
(jv) provide any other insurance information and reinsurance related information, or assistance, assistance in respect of the Insurances as that Lessor may from time to time reasonably requirerequire including, for the avoidance of doubt, lists of the underwriters and the exposures of each of those underwriters which may carry the Insurances from time to time; and
(vi) not create any Security Interests over the Insurances except pursuant to the Assignment of Insurances;
(vii) not use or keep or permit the Aircraft or any part thereof to be used or kept for any purpose, in any manner or in any place not covered by the required policies;
(viii) not cause or permit the Aircraft or any part thereof to be employed in any place or in any manner or for any purpose inconsistent with the terms or outside the cover provided by any required policy;
(ix) not knowingly effect or authorise the placement of insurance covering the same subject matter as that covered by the Insurances (except on a contingent or other secondary basis); and
(x) furnish to Lessor:
(a) not later than seven (7) days prior to the Scheduled Delivery Date and thereafter within seven (7) days after each renewal date of each policy, a certificate or certificates signed by the insurers or the insurance broker and a letter of undertaking by the insurance broker providing evidence of insurance coverage pursuant to this Agreement;
(b) on request, confirmation of payment by, or at the direction of the Lessor of each sum payable under or in connection with any required policy;
(c) on request, such evidence as the Lessor may require of the Lessee's compliance with its obligations under this Agreement; and
(d) any notice received from the insurers or the insurance brokers (within three (3) Business Days of receipt) relating to or in connection with any cancellation of the Insurances or any material alteration of the Insurances.
Appears in 1 contract
Samples: Aircraft Lease Agreement (Frontier Airlines Inc /Co/)
Insurance Covenants. Lessee will:-shall:
(a) ensure that all legal requirements as to insurance of the Aircraft, any Engine or any Part which may from time to time be imposed by the laws of the State Country of Registration or any state tostate, from or over which the Aircraft may be flown, in so far as they affect or concern the operation of the Aircraft, are complied with with, and in particular those requirements compliance with which is necessary to ensure that that:
(i) the Aircraft is not in danger of detention or forfeiture, ;
(ii) the Insurances remain valid and in full force and effect, and ; and
(iii) the interests of the Indemnitees in the Insurances and the Aircraft or any Part are not thereby prejudiced;
(b) not use, cause or permit the Aircraft, any Engine or any Part to be used for any purpose or in any manner not covered by the Insurances or outside any geographical limit imposed by the Insurances;
(c) comply with the terms and conditions of each policy of the Insurances and not do, consent or agree to any act or omission which:-which:
(i) invalidates or may be reasonably expected to invalidate the Insurances; or
(ii) renders or may be reasonably expected to render void or voidable the whole or any part of any of the Insurances; or
(iii) brings any particular insured liability within the scope of an exclusion or exception to the Insurances;
(dc) not take out without the prior written approval of Lessor take out any additional insurance or reinsurance in respect of the Aircraft other than those which would prejudice the rights of Lessor or any additional insured in respect of the policies required under this Agreement to be maintained by Lessee hereunder, unless relating solely to liability insurances, hull total loss, business interruption, profit commission and deductible risk;
(e) commence renewal procedures at least * days prior to expiry of any of the Insurances and provide to Lessor:-
(i) if requested by Lessor, a written status report of renewal negotiation * days prior to each expiry date;
(ii) telexed telecopy confirmation of completion of renewal prior to each expiry date; and
(iii) certificates of insurance (and where appropriate certificates of reinsurance), and broker's (and any reinsurance brokers') letter of undertaking in a form acceptable to Lessor in English, detailing the coverage and confirming the insurers' (and any reinsurers') agreement to the specified insurance requirements of this Agreement within * days after each renewal date;
(f) on request, provide to Lessor copies of documents or other information evidencing the Insurances;
(gd) on request, provide to Lessor evidence that the Insurance premiums have been paid;
(he) not make any modification or alteration to the Insurances material and adverse to the interests of any of the Indemnitees;
(if) be responsible for any deductible under the Insurances;
(g) if at any time insurance clause AVN 2000 or its successor is endorsed on the policies of Insurance, ensure that the insurance write back clauses AVN 2001 and AVN 2002 as applicable (or any equivalent clauses) are endorsed on the policies of Insurance required to be maintained under this Agreement and give and comply with all representations, warranties and undertakings required by the insurers or reinsurers in connection with such clauses; and
(jh) provide any other insurance material information and reinsurance related information, or assistance, assistance in respect of the Insurances as which Lessor may from time to time reasonably requirerequest for substantial reasons.
Appears in 1 contract
Insurance Covenants. Lessee will:-Sublessee shall:
(ai) ensure that all legal requirements as to insurance of the Aircraft, any Engine or any Part which may from time to time be imposed by the laws of the State of Registration or any state to, from or over which the Aircraft may be flown, in so far as they affect or concern the operation of the Aircraft, are complied with and in particular those requirements compliance with which is necessary to ensure that (i) the Aircraft is not in danger of detention or forfeiture, (ii) the Insurances remain valid and in full force and effect, and (iii) the interests of the Indemnitees in the Insurances and the Aircraft or any Part are not thereby prejudicedwith;
(b) not use, cause or permit the Aircraft, any Engine or any Part to be used for any purpose or in any manner not covered by the Insurances or outside any geographical limit imposed by the Insurances;
(cii) comply with the terms and conditions of each policy of the Insurances and not do, consent or agree to any act or omission which:-which:
(ia) invalidates or may invalidate the Insurances; or
(iib) renders or may render void or voidable the whole or any part of any of the Insurances; or
(iiic) brings any particular insured liability within the scope of an exclusion or exception to the Insurances;
(d) not take out without the prior written approval of Lessor any insurance or reinsurance in respect of the Aircraft other than those required under this Agreement unless relating solely to hull total loss, business interruption, profit commission and deductible risk;
(e) commence renewal procedures at least * days prior to expiry of any of the Insurances and provide to Lessor:-
(i) if requested by Lessor, a written status report of renewal negotiation * days prior to each expiry date;
(ii) telexed telecopy confirmation of completion of renewal prior to each expiry date; and
(iii) certificates of insurance (and where appropriate certificates of reinsurance), and broker's (and any reinsurance brokers') letter of undertaking in a form acceptable to Lessor in English, detailing the coverage and confirming the insurers' (and any reinsurers') agreement to the specified insurance requirements of this Agreement within * days after each renewal date;
(f) on request, provide to Lessor copies of documents or other information evidencing the Insurances;
(g) on request, provide to Lessor evidence that the Insurance premiums have been paid;
(h) not make any modification or alteration to the Insurances material and adverse to the interests of any of the Indemnitees;
(iiv) be responsible for any deductible under the Insurances; and;
(jv) provide any other insurance information and reinsurance related information, or assistance, assistance in respect of the Insurances that Sublessor may from time to time reasonably require including, for the avoidance of doubt, lists of the underwriters and the exposures of each of those underwriters which may carry the Insurances from time to time; and
(vi) not use or keep or permit the Aircraft or any part thereof to be used or kept for any purpose, in any manner or in any place not covered by the required policies;
(vii) not cause or permit the Aircraft or any part thereof to be employed in any place or in any manner or for any purpose inconsistent with the terms or outside the cover provided by any required policy;
(viii) not knowingly effect or authorise the placement of insurance covering the same subject matter as Lessor that covered by the Insurances (except on a contingent or other secondary basis); and
(ix) furnish to Sublessor:
(a) not later than seven (7) days prior to the Scheduled Delivery Date and thereafter within seven (7) days after each renewal date of each policy, a certificate or certificates signed by the insurers or the insurance broker and a letter of undertaking by the insurance broker providing evidence of insurance coverage pursuant to this Agreement;
(b) on request, confirmation of payment by, or at the direction of the Sublessor of each sum payable under or in connection with any required policy;
(c) on request, such evidence as the Sublessor may reasonably requirerequire of the Sublessee's compliance with its obligations under this Agreement; and
(d) any notice received from the insurers or the insurance brokers (within three (3) Business Days of receipt) relating to or in connection with any cancellation of the Insurances or any material alteration of the Insurances.
Appears in 1 contract
Samples: Aircraft Sublease Agreement (Frontier Airlines Inc /Co/)
Insurance Covenants. The Lessee will:-shall:
(a) ensure that all applicable legal requirements as relating to the insurance of the Aircraft, any Engine or any Part Aircraft which may are from time to time be imposed by the laws of the State of Registration or any state country to, from or over which the Aircraft may be flown, in so far as they affect or concern the operation of the Aircraft, flown are complied with and in particular those requirements compliance with which is necessary to ensure that (i) the Aircraft is not in danger of detention or forfeiture, (ii) the Insurances remain valid and in full force and effect, and (iii) the interests of the Indemnitees in the Insurances and the Aircraft or any Part are not thereby prejudicedwith;
(b) not use, cause or permit the Aircraft, any Engine or any Part to be used for any purpose or in any manner not covered by the Insurances or outside any geographical limit imposed by the Insurances;
(c) comply with ensure that the terms and conditions of each policy of the Insurances are complied with and not do, consent do or agree to any act or omission which:-which:
(i) invalidates or may invalidate the Insurances; or;
(ii) renders or may render void or voidable the whole or any part of any of the Insurances; or
(iii) brings any particular liability within the scope of an exclusion or exception to the Insurances;
(c) notify the Lessor and the Security Trustee immediately of any breach of this Clause 18.4 (Insurance covenants) and provide the Lessor and the Security Trustee with full details of the steps that it is taking or proposes to take to remedy that breach;
(d) not take out not, without the prior written approval of the Lessor and the Security Trustee, permit any insurance or reinsurance cover to be taken out in respect of the Aircraft other than those as required under this Agreement unless relating solely to hull total loss, business interruption, profit commission and deductible riskAgreement;
(e) on request provide the Lessor and the Security Trustee with:
(i) copies of documents evidencing the Insurances;
(ii) evidence that the insurance premiums have been paid in accordance with the terms of the relevant insurance policy; and
(iii) any other insurance related information or assistance in respect of the Insurances that the Lessor and the Security Trustee may reasonably require;
(f) not make or permit any material modification or alteration to the Insurances which is adverse to the interests of any of the Indemnitees;
(g) commence renewal procedures at least * thirty (30) days prior to before the expiry of any of the Insurances (the Renewal Date) and provide to Lessor:-the Lessor and the Security Trustee:
(i) if requested by Lessor, a written status report of renewal negotiation * negotiations fourteen (14) days prior to each expiry datebefore the Renewal Date;
(ii) telexed telecopy written confirmation of completion of renewal prior to each expiry datethat the Insurances have been renewed on or before the Renewal Date; and
(iii) certificates of insurance (and where appropriate certificates of reinsurance), ) and broker's brokers’ (and including any reinsurance brokers'’) letter letters of undertaking in a form acceptable and substance reasonably satisfactory to the Lessor in English, and the Security Trustee detailing the coverage of the Insurances and confirming the insurers' Insurers’ (and including any reinsurers'Reinsurers’) agreement to the specified insurance requirements of this Agreement within * seven (7) days after each renewal dateRenewal Date;
(f) on request, provide to Lessor copies of documents or other information evidencing the Insurances;
(g) on request, provide to Lessor evidence that the Insurance premiums have been paid;
(h) not make any modification or alteration to the Insurances material and adverse to the interests of any of the Indemnitees;
(iiv) be responsible for any deductible under the Insurances; and
(jh) provide any other insurance and reinsurance related information, information or assistance, assistance in respect of the Insurances as that the Lessor and the Security Trustee may reasonably require.
Appears in 1 contract
Samples: Aircraft Lease Agreement (Global Crossing Airlines Group Inc.)
Insurance Covenants. The Lessee will:-shall:
(a) a. ensure that all legal requirements as to insurance of the Aircraft, any Engine or any Part which that may from time to time be imposed by the laws of the State of Registration or any state jurisdiction to, from or over which the Aircraft may be flown, in so far as they affect or concern the operation of the Aircraft, are complied with and and, in particular particular, those requirements compliance with which is necessary to ensure that (i) that:
i. the Aircraft is does not in danger of become subject to detention or forfeiture, (;
ii) . the Insurances remain valid and in full force and effect, and (; and
iii) . the interests of the Indemnitees in the Insurances and the Aircraft or any Part are not thereby prejudiced;
(b) b. not use, cause or permit the Aircraft, any Engine or any Part to be used for any purpose or in any manner not covered by the Insurances or outside any geographical limit imposed by the Insurances;
(c) c. comply with the terms and conditions of each policy of the Insurances and not do, consent or agree to any act or omission which:-that:
(i) i. invalidates or may reasonably be expected to invalidate the Insurances; or;
(ii) . renders or may reasonably be expected to render void or voidable the whole or any part of any of the Insurances; or
(iii) . brings any particular liability within the scope of an exclusion exclusion, exception or exception sub-limit to the Insurances;
(d) d. not take out without the prior written approval of the Lessor any insurance or reinsurance in respect of the Aircraft other than those required or permitted under this Agreement unless relating solely to hull total loss, business interruption, engine break-down, profit commission and deductible risk;
(e) e. commence renewal procedures at least * 30 days prior to expiry the expiration of any of the Insurances and provide to Lessor:-the Lessor:
(i) i. if requested by the Lessor, a written status report of renewal negotiation * negotiations 14 days prior to each expiry expiration date;
(ii) telexed telecopy . telefaxed confirmation of completion of renewal prior to each expiry expiration date; and;
(iii) . certificates of insurance (and where appropriate certificates of reinsurance), and broker's (and any reinsurance brokers') letter of undertaking substantially in a the form acceptable to Lessor set out in EnglishParts 2 and 3 of Schedule 6, detailing the coverage and confirming the insurers' (and any reinsurers') agreement to the specified insurance requirements of this Agreement within * seven days after each renewal date;
f. provide to the Lessor copies of those documents evidencing the Insurances which the Lessor may reasonably request (f) but not including information regarding premiums);
g. on request, provide to Lessor copies of documents or other information evidencing the Insurances;
(g) on request, provide to Lessor evidence that the Insurance premiums have been paid;
(h) h. not make any modification or alteration to the Insurances material and adverse to the interests of any of the Indemnitees;
(i) i. be responsible for any deductible under the Insurances; and
(j) j. provide any other insurance and reinsurance related information, or assistance, in respect of the Insurances as the Lessor may reasonably requirerequest (but not including copies of the insurance policies (unless a dispute as to coverage arises) or information regarding premiums).
Appears in 1 contract
Samples: Lease Agreement (Airfund International Limited Partnership)
Insurance Covenants. Lessee will:-will:
(a) ensure that all legal requirements as to insurance of the Aircraft, any Engine or any Part which may from time to time be imposed by the laws of the State of Registration or any state to, from or over which the Aircraft may be flown, in so far as they affect or concern the operation of the Aircraft, are complied with and in particular those requirements compliance with which is necessary to ensure that (i) the Aircraft is not in danger of detention or forfeiture, (ii) the Insurances insurances remain valid and in full force and effect, and (iii) the interests of the Indemnitees in the Insurances and the Aircraft or any Part are not thereby prejudiced;
(b) not use, cause or permit the Aircraft, any Engine or any Part to be used for any purpose or in any manner not covered by the Insurances or outside any geographical limit imposed by the Insurances;
(c) comply with the terms and conditions of each policy of the Insurances and not do, consent or agree to any act or omission which:-which:
(i) invalidates or may invalidate the Insurances; or
(ii) renders or may render void or voidable the whole or any part of any of the Insurances; or
(iii) brings any particular liability within the scope of an exclusion or exception to the Insurances;
(d) not take out without the prior written approval of Lessor any insurance or reinsurance in respect of the Aircraft other than those required under this Agreement unless relating solely to hull total loss, business interruption, profit commission and deductible risk. Notwithstanding the foregoing, Lessee may, at its own cost, increase the Agreed Value over the value currently provided for in this Agreement;
(e) commence renewal procedures at least * 30 days prior to expiry of any of the Insurances and provide to Lessor:-Lessor:
(i) if requested by Lessor, a written statement status report of renewal negotiation * 14 days prior to each expiry date;.
(ii) telexed telecopy confirmation of completion of renewal prior to each expiry date; and;
(iii) certificates of insurance (and where whether appropriate certificates of reinsurance), and broker's (and any reinsurance brokers') letter of undertaking in a form acceptable to Lessor in English, detailing the coverage and confirming the insurers' (and any reinsurers') agreement to the specified insurance requirements of this Agreement within * 7 days after each renewal date;
(f) on request, and if a Default shall have occurred, provide to Lessor copies of documents or other information evidencing the Insurances;
(g) on request, and if a Default shall have occurred, provide to Lessor evidence that the Insurance premiums have been paid;
(h) not make any modification or alteration to the Insurances insurances material and adverse to the interests of any of the Indemnitees;
(i) be responsible for any deductible under the Insurances; and
(j) provide any other insurance and reinsurance related information, or assistance, in respect of the Insurances as Lessor may reasonably require.
Appears in 1 contract
Samples: Aircraft Lease Agreement (Turn Works Acquisition Iii Sub a Inc)
Insurance Covenants. Lessee will:-will:
(a) ensure that all legal requirements as to insurance of the Aircraft, any Engine or any Part which may from time to time be imposed by the laws of the State of Registration or any state to, from or over which the Aircraft may be flown, in so far as they affect or concern the operation of the Aircraft, are complied with and in particular those requirements compliance with which is necessary to ensure that (i) the Aircraft is not in danger of detention or forfeiture, (ii) the Insurances remain valid and in full force and effect, and (iii) the interests of the Indemnitees in the Insurances and the Aircraft or any Part are not thereby prejudiced;
(b) not use, cause or permit the Aircraft, any Engine or any Part to be used for any purpose or in any manner not covered by the Insurances or outside any geographical limit imposed by the Insurances;
(c) comply with the terms and conditions of each policy of the Insurances and not do, consent or agree to any act or omission which:-which:
(i) invalidates or may invalidate the Insurances; or
(ii) renders or may render void or voidable the whole or any part of any of the Insurances; or
(iii) brings any particular liability within the scope of an exclusion or exception to the Insurances;; ALA MSN 2830 – Global Crossing Airlines
(d) not take out without the prior written approval of Lessor any insurance or reinsurance in respect of the Aircraft other than those required under this Agreement unless relating solely to hull total loss, business interruption, profit commission and deductible riskthe extent such insurance has the effect of invalidating the Insurances;
(e) commence renewal procedures at least * 30 days prior to expiry of any of the Insurances and provide to Lessor:-
(i) if requested by Lessor, a written status report of renewal negotiation * days prior to each expiry date;
(ii) telexed telecopy confirmation of completion of renewal prior to each expiry date; and
(iii) Lessor certificates of insurance (and where appropriate certificates of reinsurance), and a broker's ’s (and any reinsurance brokers'’) letter of undertaking in a form reasonably acceptable to Lessor in English, detailing the coverage and confirming the insurers' ’ (and any reinsurers'’) agreement to the specified insurance requirements of this Agreement within * 7 days after each renewal date;
(f) on written request, from time to time, provide to Lessor copies certificates of documents or other information insurance evidencing the Insurances;
(g) on request, provide to Lessor evidence that the Insurance premiums have been paid;
(h) not make any modification or alteration to the Insurances material and that are adverse to the interests of any of the IndemniteesIndemnitees without Lessor’s prior written consent;
(i) be responsible for any deductible under the Insurances; and
(j) provide any other insurance and reinsurance related information, or assistance, in respect of the Insurances as Lessor may reasonably requirerequire and request in writing.
Appears in 1 contract
Samples: Aircraft Lease Agreement (Global Crossing Airlines Group Inc.)