LESSEE'S CONTINUING OBLIGATIONS. In the event that LESSEE does not return the Aircraft to LESSOR on the Expiration Date and in the condition required by this Article 23 for any reason (whether or not the reason is within LESSEE's control):
23.11.1 the obligations of LESSEE under this Lease will continue in full force and effect on a day-to-day basis until such return. This will not be considered a waiver of LESSEE's Event of Default or any right of LESSOR hereunder.
23.11.2 Until such return, the Agreed Value will be an amount equal to the Agreed Value on the day the Aircraft should have been returned to LESSOR pursuant to this Lease.
23.11.3 LESSEE will fully indemnify LESSOR on demand for all losses (including consequential damages), liabilities, actions, proceedings, costs and expenses thereby suffered or incurred by LESSOR and, in addition, if a delay in return of the Aircraft was due to reasons within LESSEE's reasonable control, then until such time as the Aircraft is redelivered to LESSOR and put into the condition required by this Article 23, instead of paying the Rent specified in Article 5.3, LESSEE will pay twice the amount of Rent for each day from the scheduled Expiration Date until the Termination Date (the monthly Rent payable under Article 5.
3.1 will be prorated based on the actual number of days in the applicable month). Payment will be made upon presentation of LESSOR's invoice.
23.11.4 LESSOR may elect, in its sole and absolute discretion, to accept the return of the Aircraft prior to the Aircraft being put in the condition required by this Article 23 and thereafter have any such non-conformance corrected at such time as LESSOR may deem appropriate (but within ninety (90) days following the return of the Aircraft) and at commercial rates then-charged by the Person selected by LESSOR to perform such correction. Any direct expenses incurred by LESSOR for such correction will become additional Rent payable by LESSEE within fifteen (15) days following the submission of a written statement by LESSOR to LESSEE, identifying the items corrected and setting forth the expense of such corrections. LESSEE's obligation to pay such supplemental Rent will survive the Termination Date.
LESSEE'S CONTINUING OBLIGATIONS. In the event that LESSEE does not return the Aircraft to LESSOR on the Expiration Date and in the condition required by this Article 23 for any reason (whether or not the reason is within LESSEE’s control):
23.15.1 the obligations of LESSEE under this Lease will continue in full force and effect on a day-to-day basis until such return. This will not be considered a waiver of LESSEE’s Event of Default or any right of LESSOR hereunder.
23.15.2 Until such return, the Agreed Value will be an amount equal to the Agreed Value on the day the Aircraft should have been returned to LESSOR pursuant to this Lease.
LESSEE'S CONTINUING OBLIGATIONS. The parties hereto agree that, in the event of termination of this Agreement by Lessor pursuant to clause (i) of Section 9(b) hereof, Lessee's obligation to pay Rent for the remainder of the term of this Agreement pursuant to the terms of this Agreement shall continue, and Lessee shall remain liable to pay to Lessor all such amounts owed to Lessor which have accrued (whether or not invoiced) prior to such termination. This subsection shall not otherwise limit the remedies available to a party upon the breach of this Agreement by the other party.
LESSEE'S CONTINUING OBLIGATIONS. In the event that the Engine is serviceable and Lessee does not dispatch the Engine to Lessor for redelivery on the Lease End Date or other date of valid termination of the Lease, or Lessee does not redeliver the Engine in the condition required by the Lease for any reason (whether or not the reason is within Lessee’s control):
a. All obligations of Lessee under the Lease shall remain in full force and effect until the return of the Engine in the condition required by the Lease. This will not be considered a renewal of the Lease or extension of the Lease Term or waiver of any right of Lessor under the Lease.
x. Xxxxxx may at its sole discretion:
i. remedy such defects and deficiencies and recover any reasonable costs so incurred from Lessee; and/or
ii. continue the Lease Term and charge a default Lease Rate in the amount of * percent (* %) of the Lease Rate which was payable at the date starting from the 10th day after which redelivery would otherwise have occurred divided by 30 (the “Default Lease Rate”) for each day the Engine is not dispatched to Lessor and/or until any defects and deficiencies associated with FOD, misuse or abuse or Lessee induced damage are remedied.
LESSEE'S CONTINUING OBLIGATIONS. In the event that LESSEE does not return the Aircraft to LESSOR on the Expiration Date and in the condition required by this Article 23 for any reason (whether or not the reason is within LESSEE's control):
LESSEE'S CONTINUING OBLIGATIONS. (a) Following the termination of the leasing of the Equipment under Clause 16.2 (Termination by Lessor) or Clause 16.3(a) (Voluntary Termination) or 16.5 (Mandatory Prepayment) the Lessee's obligations to pay Rentals that would otherwise fall due for payment after the Termination Date will cease.
(b) Following the termination of the leasing of part only of the Equipment under Clause 16.3
LESSEE'S CONTINUING OBLIGATIONS. In the event Lessee does not return the Aircraft to Lessor on the Expiration Date and in the condition required by this Section 6 for any reason, the obligations of Lessee under this Lease will continue. Such event shall not be considered a renewal of the terms of the Lease or of Lessee's rights to use the Aircraft, an extension of the Lease Term or a waiver of Lessee's Event of Default or any right of Lessor hereunder. Lessee shall fully indemnify Lessor, on demand, for all loss and damage (including incidental loss and damage and consequential loss and damage and fees and disbursements of legal counsel), liabilities, actions, proceedings, costs and expenses thereby suffered or incurred by Lessor. Until the Aircraft is redelivered to Lessor and put in the condition required by this Section 6, Lessee shall pay the amount of Basic Rent for each day from the scheduled Expiration Date until the date the Aircraft is returned to Lessor in the proper condition specified hereunder. Payment shall be made upon presentation of Lessor's invoice to Lessee.
LESSEE'S CONTINUING OBLIGATIONS. Lessee covenants, that any forfeiture, annulment or voidance of this Agreement shall not relieve Lessee from its' obligations hereunder, including the obligation to make quarterly payments of rent. In case of default of Lessee, Lessor may relet the premises as the agent for and in the name of Lessee, at any rental readily acceptable, applying the proceeds first to the payment of such rent as same becomes due, and toward the fulfillment of the other covenants and agreements of Lessee herein contained, and the balance, if any, shall be paid to Lessee, and Lessee hereby agrees that if Lessor shall recover or take possession of said premises as aforesaid, and be unable to relet and rent the same so as to realize a sum equal to the rent hereby reserved, Lessee shall pay to Lessor any loss or difference of rent for the residue of the term.
(1) Lessor shall have the right to re-enter the premises to assume and take possession of the whole or any part thereof, and to remove all persons or personal property by direct or summary action, or in a different type of suit or proceeding, by force, or otherwise, without being deemed guilty of trespass or other actionable wrong by reason thereof, and without being liable for the damages therefore or in connection therewith, and, after demand made therefore, Lessee or anyone in possession claiming under Lessee shall be deemed guilty of unlawful detainer and subject to such summary or other action as may be provided by law; and
(2) Lessor, irrespective of the date on which its right of re-entry shall have accrued or be exercised, shall have the right, exercisable without notice to or demand upon Lessee or any other person, whether for rent or possession or otherwise, to forfeit this Agreement and t~rm~n~te the estate of Lessee hereby created.
(3) In any and every event, Lessor shall not be deemed to have accepted any surrender of the demised premises or of the leasehold estate created hereby from Lessee, or anyone acting in Lessee's behalf, unless Lessor by an agreement in writing shall declare explicitly that it intends thereby to effect acceptance of the surrender and to release Lessee from liability.
LESSEE'S CONTINUING OBLIGATIONS. Except for the obligation to pay Seller for the Equipment if (and only if) the Equipment is accepted by Lessee pursuant to the Agreement, Lessee's assignment to Lessor shall not include any of Lessee's obligations under the Purchase Documents, and Lessee shall at all times remain liable to Seller to perform all of the duties and obligations of the purchaser under such Purchase Documents to the same extent as if an assignment had not occurred. The exercise by Lessor of any of the rights assigned hereunder shall not release Lessee from any of Lessee's duties or obligations to the Seller under the Purchase Documents.
LESSEE'S CONTINUING OBLIGATIONS. If Lessee shall, for any reason whatsoever, fail to return the Aircraft in a timely manner in the condition specified in this Lease, the Obligations of Lessee shall continue and the Lease Term shall be deemed to be extended, day-to-day, until Return of the Aircraft; provided, that Lessee may not, during such extension period use the Aircraft for any flight operations and this Section 22.3 will not be construed as permitting or authorizing Lessee to fail to meet, or consenting to or waiving any failure by Lessee to perform, the Obligation to return the Aircraft in accordance with the requirements of this Lease or limiting Lessor’s rights under any Operative Document.
