Common use of Maintenance in General Clause in Contracts

Maintenance in General. Lessee, at its own cost and expense, shall (i) service, repair, maintain and overhaul the Airframe, each Engine, and each Appliance so as to keep the same in as good operating condition as when delivered to Lessee hereunder, and in such operating condition as may be necessary to enable the airworthiness certification of the Aircraft to be maintained in good standing at all times under Aviation Law, and (ii) at a minimum, give the Aircraft the same level of attention and maintenance as the Lessee affords to the other aircraft in its fleet, including Airworthiness Directive compliance and level of incorporation, improvements, repairs, cleanliness, and correction of items of a cosmetic nature (such as hail damage), and the "build standard" applicable to all Engine shop visits with regard to both exhaust gas temperature and Life Limited Components, except where the terms of this Lease dictate higher standards; and (iii) maintain the Aircraft in compliance with the requirements of the Airframe manufacturer's aging aircraft and corrosion control program document and supplemental inspection document as periodically revised. Included within the obligation of maintenance and repair is the obligation and affirmative undertaking by Lessee to replace from time to time all worn or defective Parts, to the extent required to cause the Aircraft to be in an airworthy condition in all respects, and covered by an effective commercial passenger transport category certificate of airworthiness at all times except during those periods when the Aircraft is undergoing maintenance or repairs as required by this Lease. Selection of a Maintenance Provider shall be subject to Lessor's prior written approval; provided, Lessor consents to Sun Country Airlines as a Maintenance Provider. All maintenance (other than routine flight line maintenance) shall be performed by the Maintenance Provider in accordance with the Approved Maintenance Program, provided that C Checks shall be supervised by the Maintenance Provider.

Appears in 3 contracts

Samples: Aircraft Lease Agreement (American Income Fund I-A), Aircraft Lease Agreement (American Income Partners v a LTD Partnership), Aircraft Lease Agreement (Airfund Ii International Limited Partnership)

AutoNDA by SimpleDocs

Maintenance in General. LesseeLessee agrees that until the Aircraft is delivered to Lessor pursuant to Section 10 (except as specified below), at its own cost it has the sole obligation to, and expense, shall (i) service, repair, maintain and overhaul repair or to cause to be maintained and repaired the Airframe, each Engine, Airframe and each Appliance the Engines and Propellers under Lessee's Aeronautical Authority approved maintenance program as in effect on the Delivery Date as the same may be amended from time to time in accordance with the second sentence of this paragraph with respect to the Airframe and the Engines and Propellers (the "Maintenance Program") and so as to keep the same them in as good operating a condition as when delivered on the Delivery Date, ordinary wear and tear excepted. If any material changes (including without limitation, time limit changes) shall be made to Lessee hereunder, and in such operating condition as may be necessary to enable the airworthiness certification of the Aircraft to be maintained in good standing at all times under Aviation Law, and (ii) at a minimum, give the Aircraft the same level of attention and maintenance as the Lessee affords to the other aircraft in its fleetMaintenance Program, including Airworthiness Directive compliance without limitation, any change from the de Havilland Equalized Maintenance Program, Lessee shall give Lessor not less than 30 days' advance written notice thereof and level of incorporation, improvements, repairs, cleanliness, and correction of items of a cosmetic nature (no such as hail damage), and changes shall be implemented until approved by the "build standard" applicable to all Engine shop visits with regard to both exhaust gas temperature and Life Limited Components, except where the terms of this Lease dictate higher standards; and (iii) maintain the Aircraft in compliance with the requirements of the Airframe manufacturer's aging aircraft and corrosion control program document and supplemental inspection document as periodically revisedAeronautical Authority. Included within the obligation of maintenance and repair is the obligation and affirmative undertaking by Lessee to replace or cause to be replaced from time to time all worn unserviceable or defective Parts, to the extent required to cause the Aircraft to be in an airworthy condition in all respects, and covered by an effective commercial passenger transport category certificate a valid Certificate of airworthiness Airworthiness at all times except times. Notwithstanding the above, Lessor agrees, on a one time only basis, at its sole cost and expense to: (i) reimburse Lessee for the cost of the first major refurbishment following the Delivery Date of Engines serial numbers 120107 and 120142. Such costs, payable within 30 days after invoices, satisfactory to the Lessor, are received, shall be for the refurbishment of the Engines only. All other costs, including but not limited to, removal and installation of the Engines, transportation and/or substitute engine(s) are for the account of the Lessee. Notwithstanding the foregoing, if the refurbishment is performed due to foreign object damage ("FOD") or FOD is discovered during those periods when performance of the refurbishment under this subsection 9.03(i), (A) Lessee will use commercially reasonable best efforts to recover the maximum damage amount recoverable from any and all insurance providers with respect to the Aircraft and (B) Lessee shall contribute an amount up to the full amount of any applicable insurance deductible and the full amount of any recovery from any insurance provider with respect to such damage toward the cost of the refurbishment. For purposes of this subpart (i), refurbishment shall include the replacement of all Life Limited Parts having fewer than 10,000 cycles remaining. (ii) either provide Lessee serviceable replacement flaps and carriages, as necessary, modified to eliminate the repeat inspection requirements of DHC-8 Maintenance Program task numbers 5750/09A and 5750/10A through the term or reimburse Lessee for the cost of replacing such flaps and carriages. Not less than 180 days prior to the estimated date the flaps will accumulate 60,000 total Cycles, Lessor and Lessee will commence cooperation with each other in locating such replacement flaps and carriages. In the event Lessor replaces such flaps and carriages, as necessary, Lessor shall furnish such flaps and carriages to Lessee between 90 and 180 days prior to the estimated date the flaps will accumulate 60,000 total cycles. In the event Lessee replaces such flaps and carriages, as necessary, and Lessor is undergoing maintenance or repairs as required by this Lease. Selection to reimburse Lessee for the cost of a Maintenance Provider replacing such flaps and carriages, such cost, payable within 30 days after invoices satisfactory to the Lessor are received, shall be subject for the Lessee's reasonable net cost of such flaps and carriages only. Notification, in writing, from the Lessee to the Lessor's prior written approval; provided, Lessor consents to Sun Country Airlines as a Maintenance Provider. All maintenance (other than routine flight line maintenance) shall be performed by given no later than 12 months prior to the Maintenance Provider in accordance with date the Approved Maintenance ProgramLessee estimates the flaps will have accumulated 60,000 total Cycles. (iii) reimburse Lessee for the reasonable cost of replacing landing gear Life Limited Parts replaced because of expired life. Such cost, provided that C Checks payable within 30 days after invoices satisfactory to the Lessor are received, shall be supervised by for the Maintenance ProviderLessee's reasonable net cost of the part only. (iv) reimburse Lessee the cost of modifying the Aircraft to a model DHC-8-103 including the cost of converting the Engines to P/W 121's. Such cost shall be payable within 30 days after invoices satisfactory to the Lessor have been received. (v) reimburse Lessee the cost of stripping the entire Aircraft and painting the Lessee's livery up to a total aggregate amount of $60,000 for the painting of Lessee's livery on the Aircraft and the Other Aircraft.

Appears in 1 contract

Samples: Lease Agreement (Turn Works Acquisition Iii Sub a Inc)

Maintenance in General. LesseeLessee agrees that until the Aircraft is redelivered to Lessor pursuant to Section 10 (except as specified below), at its own cost it has the sole obligation to, and expense, shall (i) service, repair, maintain and overhaul repair or to cause to be maintained and repaired the Airframe, each Engine, Airframe and each Appliance the Engines and Propellers under Lessee's Aeronautical Authority approved maintenance program as in effect on the Delivery Date as the same may be amended from time to time in accordance with the second sentence of this paragraph with respect to the Airframe and the Engines and Propellers (the "Maintenance Program") and so as to keep the same them in as good operating a condition as when delivered on the Delivery Date, ordinary wear and tear excepted. If any material changes (including without limitation, time limit changes) shall be made to Lessee hereunder, and in such operating condition as may be necessary to enable the airworthiness certification of the Aircraft to be maintained in good standing at all times under Aviation Law, and (ii) at a minimum, give the Aircraft the same level of attention and maintenance as the Lessee affords to the other aircraft in its fleetMaintenance Program, including Airworthiness Directive compliance without limitation, any change from the de Havilland Equalized Maintenance Program, Lessee shall give Lessor not less than 30 days' advance written notice thereof and level of incorporation, improvements, repairs, cleanliness, and correction of items of a cosmetic nature (no such as hail damage), and changes shall be implemented until approved by the "build standard" applicable to all Engine shop visits with regard to both exhaust gas temperature and Life Limited Components, except where the terms of this Lease dictate higher standards; and (iii) maintain the Aircraft in compliance with the requirements of the Airframe manufacturer's aging aircraft and corrosion control program document and supplemental inspection document as periodically revisedAeronautical Authority. Included within the obligation of maintenance and repair is the obligation and affirmative undertaking by Lessee to replace or cause to be replaced from time to time all worn unserviceable or defective Parts, to the extent required to cause the Aircraft to be in an airworthy condition in all respects, and covered by an effective commercial passenger transport category certificate a valid Certificate of airworthiness Airworthiness at all times except times. Notwithstanding the above, Lessor agrees, on a one time only basis, at its sole cost and expense to: (i) reimburse Lessee for the cost of the first major refurbishment following the Delivery Date of Engines serial numbers 120077 and 120096. Such costs, payable within 30 days after invoices, satisfactory to the Lessor, are received, shall be for the refurbishment of the Engines only. All other costs, including but not limited to, removal and installation of the Engines, transportation and/or substitute engine(s) are for the account of the Lessee. Notwithstanding the foregoing, if the refurbishment is performed due to foreign object damage ("FOD") or FOD is discovered during those periods when performance of the refurbishment under this subsection 9.03(i), (A) Lessee will use commercially reasonable best efforts to recover the maximum damage amount recoverable from any and all insurance providers with respect to the Aircraft and (B) Lessee shall contribute an amount up to the full amount of any applicable insurance deductible and the full amount of any recovery from any insurance provider with respect to such damage toward the cost of the refurbishment. For purposes of this subpart (i), refurbishment shall include the replacement of all Life Limited Parts having fewer than 10,000 cycles remaining. (ii) either provide Lessee serviceable replacement flaps and necessary, modified to eliminate the repeat inspection requirements of DHC-8 Maintenance Program task numbers 5750/09A and 5750/10A through the term or reimburse Lessee for the cost of replacing such flaps and carriages. Not less than 180 days prior to the estimated date the flaps will accumulate 60,000 total Cycles, Lessor and Lessee will commence cooperation with each other in locating such replacement flaps and carriages. In the event Lessor replaces such flaps and carriages, as necessary, Lessor shall furnish such flaps and carriages to Lessee between 90 and 180 days prior to the estimated date the flaps will accumulate 60,000 total cycles. In the event Lessee replaces such flaps and carriages, as necessary, and Lessor is undergoing maintenance or repairs as required by this Lease. Selection to reimburse Lessee for the cost of a Maintenance Provider replacing such flaps and carriages, such cost, payable within 30 days after invoices satisfactory to the Lessor are received, shall be subject for the Lessee's reasonable net cost of such flaps and carriages only. Notification in writing, from the Lessee to the Lessor's prior written approval; provided, Lessor consents to Sun Country Airlines as a Maintenance Provider. All maintenance (other than routine flight line maintenance) shall be performed by given no later than 12 months prior to the Maintenance Provider in accordance with date the Approved Maintenance ProgramLessee estimates the flaps will have accumulated 60,000 total Cycles. (iii) reimburse Lessee for the reasonable cost of replacing landing gear Life Limited Parts replaced because of expired life. Such cost, provided that C Checks payable within 30 days after invoices satisfactory to the Lessor are received, shall be supervised by for the Maintenance ProviderLessee's reasonable net cost of the part only. (iv) reimburse Lessee the cost of modifying the Aircraft to a model DHC-8-103 including the cost of converting the Engines to P/W 121's. Such cost shall be payable within 30 days after invoices satisfactory to the Lessor have been received. (v) reimburse Lessee the cost of stripping the entire Aircraft and painting the Lessee's livery up to a total aggregate amount of $60,000 for the painting of Lessee's livery on the Aircraft and the Other Aircraft.

Appears in 1 contract

Samples: Lease Agreement (Turn Works Acquisition Iii Sub a Inc)

Maintenance in General. Lessee, at its own cost and expenseexpense (except as expressly otherwise provided in Sections 3.6.5 and 5.5), shall (i) service, repair, maintain and overhaul the Airframe, each Engine, and each Appliance so as to keep the same in as good operating condition as when delivered to Lessee hereunder, and in such operating condition as may be necessary to enable the airworthiness certification of the Aircraft to be maintained in good standing at all times under Aviation Law, and (ii) at a minimum, give the Aircraft the same level of attention and maintenance as the Lessee affords to the other Boeing 727-200 aircraft in its fleet, including Airworthiness Directive compliance and level of incorporation, improvements, repairs, cleanliness, and correction of items of a cosmetic nature (such as hail damage), and the "build standard" applicable to all Engine shop visits with regard to both exhaust gas temperature and Life Limited Components, except where the terms of this Lease dictate higher standardsother standards (provided, however, that lessee shall not be required to hushkit the Aircraft); and (iii) maintain the Aircraft in compliance with the requirements of the Airframe manufacturer's aging aircraft and corrosion control program document and supplemental inspection document as periodically revised. Included within the obligation of maintenance and repair is the obligation and affirmative undertaking by Lessee to replace from time to time all worn or defective Parts, to the extent required to cause the Aircraft to be in an airworthy condition in all respects, and covered by an effective commercial passenger transport category certificate of airworthiness at all times except during those periods when the Aircraft is undergoing maintenance or repairs as required by this Lease. Selection The "build standard" applicable to all Engine shop visits shall be 6,000 hours with regard to both exhaust gas temperature and Life Limited Components. Excepting only "AOG" situations, selection of a Maintenance Provider shall be subject to Lessor's prior written approval; provided, Lessor consents such approval not to Sun Country Airlines as a Maintenance Providerbe unreasonably withheld. All maintenance (other than routine flight line maintenance) shall be performed by the manufacturer or the Maintenance Provider (excepting "AOG" situations) in accordance with the Approved Maintenance Program. If any significant changes (including without limitation, provided that C Checks time limit changes) shall be supervised by made to such Approved Maintenance Program, a copy of such proposed changes shall be delivered to Lessor for its prior written approval, such approval not to be unreasonably withheld, before such change is submitted to the Maintenance ProviderAviation Authority for approval.

Appears in 1 contract

Samples: Aircraft Lease Agreement (American Income Partners v a LTD Partnership)

AutoNDA by SimpleDocs

Maintenance in General. Lessee, at its own cost and expenseexpense (except ---------------------- as expressly otherwise provided in Sections 3.6.5 and 5.5), shall (i) service, repair, maintain and overhaul the Airframe, each Engine, and each Appliance so as to keep the same in as good operating condition as when delivered to Lessee hereunder, and in such operating condition as may be necessary to enable the airworthiness certification of the Aircraft to be maintained in good standing at all times under Aviation Law, and (ii) at a minimum, give the Aircraft the same level of attention and maintenance as the Lessee affords to the other Boeing 727-200 aircraft in its fleet, including Airworthiness Directive compliance and level of incorporation, improvements, repairs, cleanliness, and correction of items of a cosmetic nature (such as hail damage), and the "build standard" applicable to all Engine shop visits with regard to both exhaust gas temperature and Life Limited Components, except where the terms of this Lease dictate higher standardsother standards (provided, however, that lessee shall not be required to hushkit the Aircraft); and (iii) maintain the Aircraft in compliance with the requirements of the Airframe manufacturer's aging aircraft and corrosion control program document and supplemental inspection document as periodically revised. Included within the obligation of maintenance and repair is the obligation and affirmative undertaking by Lessee to replace from time to time all worn or defective Parts, to the extent required to cause the Aircraft to be in an airworthy condition in all respects, and covered by an effective commercial passenger transport category certificate of airworthiness at all times except during those periods when the Aircraft is undergoing maintenance or repairs as required by this Lease. Selection The "build standard" applicable to all Engine shop visits shall be 6,000 hours with regard to both exhaust gas temperature and Life Limited Components. Excepting only "AOG" situations, selection of a Maintenance Provider shall be subject to Lessor's prior written approval; provided, Lessor consents such approval not to Sun Country Airlines as a Maintenance Providerbe unreasonably withheld. All maintenance (other than routine flight line maintenance) shall be performed by the manufacturer or the Maintenance Provider (excepting "AOG" situations) in accordance with the Approved Maintenance Program. If any significant changes (including without limitation, provided that C Checks time limit changes) shall be supervised by made to such Approved Maintenance Program, a copy of such proposed changes shall be delivered to Lessor for its prior written approval, such approval not to be unreasonably withheld, before such change is submitted to the Maintenance ProviderAviation Authority for approval.

Appears in 1 contract

Samples: Aircraft Lease Agreement (American Income Partners v B LTD Partnership)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!