Common use of Lease Charges and Taxes Clause in Contracts

Lease Charges and Taxes. The Lessee will pay the Lessor (a) a daily rental charge for the Lease Term in respect of each Leased Part equal to one-three-hundred-sixty-fifth (1/365) of the Catalog Price of such Leased Part, as set forth in the Seller's Spare Parts Price List in effect on the date of commencement of the Lease Term, (b) any reasonable additional costs which may be incurred by the Lessor solely and directly as a result of such Lease, such as inspection, test, repair, overhaul and repackaging costs as required to place the Leased Part in serviceable condition, (c) all transportation and insurance charges and (d) any taxes (excluding any taxes based on income or gross receipts), charges or customs duties imposed upon the Lessor or its property as a result of the lease, sale, delivery, storage or transfer of any Leased Part (the "Lease Charges"). All payments due hereunder will be made in accordance with Paragraph 6 of this Letter Agreement. In the event that the Leased Part has not been returned to the Lessor's designated facilities within the time period provided in Subparagraph 12.3 above, the Lessor will be entitled, in addition to any other remedy it may have at law or under this Paragraph 12, to charge to the Lessee, and the Lessee will pay, all of the charges referred to in this Subparagraph 12.4 accruing for each day after the end of the Lease Term and for as long as such Leased Part is not returned to the Lessor and as though the Lease Term were extended to the period of such delay. Notwithstanding the foregoing, the Lessor hereby agrees not to charge the Lessee any daily rental charge as referred to above in Subparagraph 12.4(a) from the date that is ninety (90) days after the date of receipt of the Leased Part by the Lessee, provided that (i) the Lessee reasonably demonstrates that the repair station designated by the Lessor and to which the Lessee has sent the damaged item (which is the cause of the lease described in this Paragraph 12) (the "Damaged Item") has failed to perform the repair of the Damaged Item within ninety (90) days, and (ii) the repair station is unable to provide adequate and satisfactory reasons for its nonperformance.

Appears in 3 contracts

Samples: Purchase Agreement (Us Airways Inc), Purchase Agreement (Us Airways Inc), Purchase Agreement (Us Airways Inc)

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Lease Charges and Taxes. The Lessee will shall pay the Lessor (a) a daily rental charge lease fee, for the Lease Term in respect of each Leased Part equal to one-three-hundred-sixty-fifth (1/365) of the Catalog Price of such Leased Part, as amounting to [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] of the purchase price of the Part set forth out in the Seller's Lessor’s Spare Parts Price List in effect on the date of commencement of the Lease Termleasing date, (b) any reasonable additional costs which may be incurred by the Lessor solely and directly as a direct result of such Leaseleasing to the Lessee, such as inspectionas, testbut not exhaustively, repaircosts relating to inspections, overhaul tests, repairs, overhauls, packaging and repackaging costs reconditioning, as required to place the Leased Part in serviceable condition, a satisfactory condition for lease to a subsequent customer (c) all transportation transport and insurance charges and charges, (d) any taxes (excluding any taxes based on income or gross receipts)all taxes, charges or customs custom duties imposed upon on the Lessor or its property as a result of the lease, sale, delivery, storage or transfer transport of any Leased Part (the "Lease Charges")Part. All payments due hereunder will by virtue of these clauses shall be made in accordance with Paragraph the provisions of Article 6 of this Letter the Spare Parts Agreement. In If the event that the Leased Part has not been returned to the Lessor's designated facilities within the time period provided in Subparagraph 12.3 above, the Lessor will be entitled, in addition to any other remedy it may have at law or under this Paragraph 12, to charge to the Lessee, and the Lessee will pay, all of the charges referred to in this Subparagraph 12.4 accruing for each day after the end of the Lease Term and for as long as such Leased Part is not returned to the installations indicated by the Lessor and within the period set out in Paragraph 12.3 above, the Lessor shall be entitled, in additional to any other legal or contractual recourse contemplated in this Article 12, to have the Lessee bear all costs due by virtue of Paragraph 12.4, for each day’s delay after the expiration of the stipulated Lease Period, just as though the Lease Term Period were extended for a period equivalent to the period of such this delay. Notwithstanding the foregoing, the Lessor hereby agrees not to charge the Lessee any daily rental charge as referred to above in Subparagraph 12.4(a) from the date that is ninety (90) days after the date of receipt of the Leased Part by the Lessee, provided that (i) the Lessee reasonably demonstrates that the repair station designated by the Lessor and to which the Lessee has sent the damaged item (which is the cause of the lease described in this Paragraph 12) (the "Damaged Item") has failed to perform the repair of the Damaged Item within ninety (90) days, and (ii) the repair station is unable to provide adequate and satisfactory reasons for its nonperformance.

Appears in 2 contracts

Samples: Purchase Agreement (Air France /Fi), Purchase Agreement (Air France /Fi)

Lease Charges and Taxes. The Lessee will pay the Lessor (a) a daily rental charge for the Lease Term in respect of each Leased Part equal to one-three-hundred-sixty-sixty- fifth (1/365) of the Catalog Price of such Leased Part, as set forth in the Seller's Spare Parts Price List in effect on the date of commencement of the Lease Term, (b) any reasonable additional costs which may be incurred by the Lessor solely and directly as a result of such Lease, such as inspection, test, repair, overhaul and repackaging costs as required to place the Leased Part in serviceable condition, (c) all transportation and insurance charges and (d) any taxes (excluding any taxes based on income or gross receipts), charges or customs duties imposed upon the Lessor or its property as a result of the lease, sale, delivery, storage or transfer of any Leased Part (the "Lease Charges"). All payments due hereunder will be made in accordance with Paragraph 6 of this Letter Agreement. In the event that the Leased Part has not been returned to the Lessor's designated facilities within the time period provided in Subparagraph 12.3 above, the Lessor will be entitled, in addition to any other remedy it may have at law or under this Paragraph 12, to charge to the Lessee, and the Lessee will pay, all of the charges referred to in this Subparagraph 12.4 accruing for each day after the end of the Lease Term and for as long as such Leased Part is not returned to the Lessor and as though the Lease Term were extended to the period of such delay. Notwithstanding the foregoing, the Lessor hereby agrees not to charge the Lessee any daily rental charge as referred to above in Subparagraph 12.4(a) from the date that is ninety (90) days after the date of receipt of the Leased Part by the Lessee, provided that (i) the Lessee reasonably demonstrates that the repair station designated by the Lessor and to which the Lessee has sent the damaged item (which is the cause of the lease described in this Paragraph 12) (the "Damaged Item") has failed to perform the repair of the Damaged Item within ninety (90) days, and (ii) the repair station is unable to provide adequate and satisfactory reasons for its nonperformance.

Appears in 1 contract

Samples: Purchase Agreement (Us Airways Inc)

Lease Charges and Taxes. The Lessee Lessees will pay the Lessor (a) a daily rental charge for the Lease Term in respect of each Leased Part equal to one-three-hundred-sixty-fifth (1/365) of the Catalog Price of such Leased Part, as set forth in the Seller's Spare Parts Price List in effect on the date of commencement of the Lease Term, (b) any reasonable additional costs which may be incurred by the Lessor solely and directly as a direct result of such Lease, such as inspection, test, repair, overhaul and repackaging costs as required to place the Leased Part in serviceable conditionsatisfactory condition for lease to a subsequent customer, (c) all transportation and insurance charges and (d) any taxes (excluding any taxes based on income or gross receipts)taxes, charges or customs duties imposed upon the Lessor or its property as a result of the lease, sale, delivery, storage or transfer of any Leased Part (the "Lease Charges"). All payments due hereunder will be made in accordance with Paragraph 6 of this Letter Agreement6. In the event that the Leased Part has not been returned to the Lessor's designated facilities within by the time period provided in Subparagraph 12.3 abovelast day of the Lease Term, the Lessor will be entitled, in addition to any other remedy it may have at law or under this Paragraph 12, to charge to the LesseeLessees, and the Lessee Lessees will pay, all of the charges referred to in this Subparagraph Paragraph 12.4 accruing for each day after the end of the Lease Term and for as long as such Leased Part is not returned to the Lessor and as though the Lease Term were extended to the LA1-24 AWE/USA-A350 PRIVILEGED AND CONFIDENTIAL period of such delay. Notwithstanding Should the foregoing, the Lessor hereby agrees not Lessees fail to charge the Lessee any daily rental charge as referred to above in Subparagraph 12.4(a) from the date that is ninety (90) days after the date of receipt of return the Leased Part by the Lessee, provided that (i) the Lessee reasonably demonstrates that the repair station designated by of the Lessor and to which at the Lessee has sent the damaged item (which is the cause end of the lease described Term, such failure will be deemed to be an election by the Lessees to purchase the Leased Part and the Lessees will pay the price set forth in this Paragraph 12) (the "Damaged Item") has failed to perform the repair of the Damaged Item within ninety (90) days, and (ii) the repair station is unable to provide adequate and satisfactory reasons for its nonperformance12.8.

Appears in 1 contract

Samples: Airbus A350 Purchase Agreement (Us Airways Group Inc)

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Lease Charges and Taxes. The Lessee will pay the Lessor (a) a daily rental charge for the Lease Term in respect of each Leased Part equal to one-three-hundred-sixty-fifth (1/365) of the Catalog Price catalog price of such Leased Part, as set forth in the Seller's ’s Spare Parts Price List in effect on the date of commencement of the Lease Term, (b) any reasonable additional costs which may be incurred by the Lessor solely and directly as a direct result of such Lease, such as inspection, test, repair, overhaul and repackaging costs as required to place the Leased Part in serviceable conditioncondition for lease to a subsequent customer, provided, however that notwithstanding the foregoing, such costs will not exceed fifteen percent (15%) of the catalog price of such new Leased Part in effect on the date of commencement of the Lease Term or alternatively, the Buyer may have the applicable inspection, test, repair, and repackaging work done at an approved repair station at the Buyer’s cost and have the applicable Leased Part returned to the ANACS Spares Center, (c) all transportation and insurance charges and (d) any taxes (excluding any taxes based on except income or gross receipts), charges or customs duties taxes) imposed upon the Lessor or its property as a result of the lease, sale, delivery, storage or transfer of any Leased Part (the "Lease Charges"). All shipments of Leased Parts by the Lessor to the Lessee will be from ANACS Spares Center. The Lessor will invoice the Lessee for the Leased Part every thirty (30) days during the Lease Term. All payments due hereunder will be made in accordance with Paragraph 6 of this Letter Agreement. In the event that the Leased Part has not been returned to the Lessor's ’s designated facilities within the time period provided in Subparagraph Paragraph 12.3 above, the Lessor will be entitled, in addition to any other remedy it may have at law or under this Paragraph 12, to charge to the Lessee, and the Lessee will pay, all of the charges referred to in this Subparagraph Paragraph 12.4 accruing for each day after the end of the Lease Term and for as long as such Leased Part is not returned to the Lessor and as though the Lease Term were extended to the period of such delay. Notwithstanding During the foregoingLease Term, the Lessor hereby agrees not to charge the Lessee any daily rental charge as [***] referred to above in Subparagraph Paragraph 12.4(a) from the date that is ninety (90) days after the date of receipt of the Leased Part by the Lessee, provided that (i) the Lessee reasonably demonstrates that the repair station designated by the Lessor and to which the Lessee has sent the damaged item (which is the cause of the lease described in this Paragraph 12) (the "Damaged Item") has failed to perform the repair of the Damaged Item within ninety (90) days, and (ii) the repair station is unable to provide adequate and satisfactory reasons for its nonperformance[***].

Appears in 1 contract

Samples: Purchase Agreement (Flyi Inc)

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