Common use of Maintenance Costs and Warranties Clause in Contracts

Maintenance Costs and Warranties. The Lessee agrees to pay all costs, expenses, fees and charges incurred in connection with (i) the use and operation of the Leased Property by the Lessee during the Term, including but not limited to repairs, maintenance, storage and servicing as provided in Article X and this Article IX and (ii) the preserving and protecting of the Leased Property, and the repairing, maintaining and servicing of the Leased Property as provided in Article X and this Article IX, during the period after a termination of the Lessee’s right of possession of the Leased Property pursuant to Section 16.2 (subject to Section 16.5) and prior to the interest of the Lessor in the Leased Property being sold to a third person by the Lessor. So long as no Event of Default has occurred and is continuing, the Lessor hereby constitutes the Lessee as the agent and attorney-in-fact of the Lessor for the purpose of exercising and enforcing, and with full right, power and authority to exercise and to enforce, all of the right, title and interest of the Lessor in, under and to the warranties and obligations of any supplier of goods or services in respect of the Leased Property and agrees to execute and deliver such further instruments as may be necessary to enable the Lessee to obtain goods or services furnished for the Leased Property by said suppliers. The Lessor shall have no other obligation or duty with respect to any of such matters. So long as no Event of Default has occurred and is continuing, any proceeds obtained by the Lessee from the enforcement of the warranties and obligations of any supplier of goods or services in respect of the Leased Property shall be held by the Lessee and applied from time to time to the repair and maintenance of the Leased Property, and any balance thereof remaining at the expiration of the Term shall be paid over to the Lessor or as it may direct, subject to Section 5.2 of the Participation Agreement.

Maintenance Costs and Warranties. The Lessee agrees to pay all costs, expenses, fees and charges incurred in connection with (i) the use and operation of the Leased Property by the Lessee during the TermTerm hereof, including but not limited to repairs, maintenance, storage and servicing as provided in Article X and this Article IX Section 8 and (ii) the preserving and protecting of the Leased Property, and the repairing, maintaining and servicing of the Leased Property as provided in Article X and this Article IXSection 8, during the period after a termination of the Lessee’s 's right of possession of the Leased Property Facility and the Site pursuant to Section 16.2 (subject to Section 16.5) 15 and prior to the interest of the Lessor Owner-Trustee in the Leased Property being leased or sold to a third person (not the Owner-Trustee, the Indenture Trustee, or any Participant, or any Affiliate of any thereof, in connection with the exercise of their rights in the Leased Property under the Operative Agreements) by the LessorOwner-Trustee (or the Indenture Trustee or any Participant, or any Affiliate thereof, in connection with the exercise of their rights under the Operative Agreements). So long as no Event of Default has occurred and is continuing, the Lessor Owner-Trustee hereby constitutes the Lessee as the agent and attorney-in-fact of the Lessor Owner-Trustee for the purpose of exercising and enforcing, and with full right, power and authority to exercise and to enforce, all of the right, title and interest of the Lessor Owner-Trustee in, under and to the warranties and obligations of any supplier of goods or services in respect of the Leased Property and agrees to execute and deliver such further instruments as may be necessary to enable the Lessee to obtain goods or services furnished for the Leased Property by said suppliers. The Lessor Owner-Trustee shall have no other obligation or duty with respect to any of such matters. So long as no Event of Default has occurred and is continuing, any Any proceeds obtained by the Lessee from the enforcement of the warranties and obligations of any supplier of goods or services in respect of the Leased Property Facility shall be held by the Lessee and applied from time to time to the repair and maintenance of the Leased PropertyFacility, and any balance thereof remaining at the expiration of the Term shall be paid over to the Lessor Owner-Trustee or as it may direct, subject to Section 5.2 of the Participation Agreement.

Maintenance Costs and Warranties. The Lessee agrees to pay all costs, -------------------------------- expenses, fees and charges incurred in connection with (i) the use and operation of the Leased Property by the Lessee during the TermTerm hereof, including but not limited to repairs, maintenance, storage and servicing as provided in Article X and this Article IX Section 8 and (ii) the preserving and protecting of the Leased Property, and the repairing, maintaining and servicing of the Leased Property as provided in Article X and this Article IXSection 8, during the period after a termination of the Lessee’s 's right of possession of the Leased Property Facility and the Site pursuant to Section 16.2 (subject to Section 16.5) 15 and prior to the interest of the Lessor Owner Trustee in the Leased Property being leased or sold to a third person (not the Owner Trustee, the Indenture Trustee, or any Participant, or any Affiliate of any thereof, in connection with the exercise of their rights in the Leased Property under the Operative Agreements) by the LessorOwner Trustee (or the Indenture Trustee or any Participant, or any Affiliate thereof, in connection with the exercise of their rights under the Operative Agreements). So long as no Event of Default has occurred and is continuing, the Lessor Owner Trustee hereby constitutes the Lessee as the agent and attorney-in-fact of the Lessor Owner Trustee for the purpose of exercising and enforcing, and with full right, power and authority to exercise and to enforce, all of the right, title and interest of the Lessor Owner Trustee in, under and to the warranties and obligations of any supplier of goods or services in respect of the Leased Property and agrees to execute and deliver such further instruments as may be necessary to enable the Lessee to obtain goods or services furnished for the Leased Property by said suppliers. The Lessor Owner Trustee shall have no other obligation or duty with respect to any of such matters. So long as no Event of Default has occurred and is continuing, any Any proceeds obtained by the Lessee from the enforcement of the warranties and obligations of any supplier of goods or services in respect of the Leased Property Facility shall be held by the Lessee and applied from time to time to the repair and maintenance of the Leased PropertyFacility, and any balance thereof remaining at the expiration of the Term shall be paid over to the Lessor Owner Trustee or as it may direct, subject unless the Lessee has exercised its option to Section 5.2 purchase the Facility and all amounts due and owing by the Lessee under this Lease or any of the Participation Agreementother Operative Agreements have been paid in full, in which case the balance remaining shall be paid to the Lessee.

Maintenance Costs and Warranties. The Lessee agrees to pay all costs, expenses, fees and charges incurred in connection with (i) the use and operation of the Leased Property by the Lessee during the TermTerm hereof, including but not limited to repairs, maintenance, storage and servicing as provided in Article X and this Article IX Section 8 and (ii) the preserving and protecting of the Leased Property, and the repairing, maintaining and servicing of the Leased Property as provided in Article X and this Article IXSection 8, during the period after a termination of the Lessee’s 's right of possession of the Leased Property Facility and the Site pursuant to Section 16.2 (subject to Section 16.5) 15 and prior to the interest of the Lessor Owner Trustee in the Leased Property being leased or sold to a third person (not the Owner Trustee, the Indenture Trustee, or any Participant, or any Affiliate of any thereof, in connection with the exercise of their rights in the Leased Property under the Operative Agreements) by the LessorOwner Trustee (or the Indenture Trustee or any Participant, or any Affiliate thereof, in connection with the exercise of their rights under the Operative Agreements). So long as no Event of Default has occurred and is continuing, the Lessor Owner Trustee hereby constitutes the Lessee as the agent and attorney-in-fact of the Lessor Owner Trustee for the purpose of exercising and enforcing, and with full right, power and authority to exercise and to enforce, all of the right, title and interest of the Lessor Owner Trustee in, under and to the warranties and obligations of any supplier of goods or services in respect of the Leased Property and agrees to execute and deliver such further instruments as may be necessary to enable the Lessee to obtain goods or services furnished for the Leased Property by said suppliers. The Lessor Owner Trustee shall have no other obligation or duty with respect to any of such matters. So long as no Event of Default has occurred and is continuing, any Any proceeds obtained by the Lessee from the enforcement of the warranties and obligations of any supplier of goods or services in respect of the Leased Property Facility shall be held by the Lessee and applied from time to time to the repair and maintenance of the Leased PropertyFacility, and any balance thereof remaining at the expiration of the Term shall be paid over to the Lessor Owner Trustee or as it may direct, subject unless the Lessee has exercised its option to Section 5.2 purchase the Facility and all amounts due and owing by the Lessee under this Lease or any of the Participation Agreementother Operative Agreements have been paid in full, in which case the balance remaining shall be paid to the Lessee.

Maintenance Costs and Warranties. The Lessee agrees to pay all costs, expenses, fees and charges incurred in connection with (i) the use and operation of the Leased Property each Item of Equipment MW 1997-1 Trust Equipment Lease by the Lessee during the TermLease Term as to such Item of Equipment, including but not limited to repairs, maintenance, storage and servicing as provided in Article X Section 10 and this Article IX Section 9 and (ii) the preserving and protecting of the Leased Propertysuch Item of Equipment, and the repairing, maintaining and servicing of the Leased Property Equipment as provided in Article X Section 10 and this Article IXSection 9, during the period after a termination of the Lessee’s 's right of possession of the Leased Property such Item of Equipment pursuant to Section 16.2 (subject to Section 16.5) and prior to the interest of the Lessor Trustee in the Leased Property such Item of Equipment being leased or sold to a third person by the LessorLessor Trustee (other than one or more Certificate Holders or any affiliate thereof). So long as no Event of Default has occurred and is continuing, the Lessor Trustee hereby constitutes the Lessee as the agent and attorney-in-fact of the Lessor Trustee for the purpose of exercising and enforcing, and with full right, power and authority to exercise and to enforce, all of the right, title and interest of the Lessor Trustee in, under and to the warranties and obligations of any supplier of goods or services in respect of the Leased Property Equipment and agrees to execute and deliver such further instruments as may be necessary to enable the Lessee to obtain goods or services furnished for the Leased Property Equipment by said suppliers. The Lessor Trustee shall have no other obligation or duty with respect to any of such matters. So long as no Event of Default has occurred and is continuing, any Any proceeds obtained by the Lessee from the enforcement of the warranties and obligations of any supplier of goods or services in respect of the Leased Property Equipment shall be held by the Lessee and applied from time to time to the repair and maintenance of the Leased PropertyEquipment, and any balance thereof remaining at the expiration of the Lease Term and satisfaction of all of the Lessee's obligations hereunder shall be paid over to the Lessor or as it may direct, subject to Section 5.2 of the Participation AgreementLessee.