Common use of Manufacturer’s Warranties Clause in Contracts

Manufacturer’s Warranties. Provided no Event of Default has occurred and is continuing hereunder, Lessor agrees to assign or otherwise make available to Lessee at the expense of Lessee such rights as Lessor may have under any warranty, express or implied, with respect to the Aircraft made by Manufacturer, any subcontractor or supplier thereof, or any other seller thereof, any manufacturer of any Engine or Part, or any Person undertaking maintenance, repairs or modifications in respect of the Aircraft, to the extent that the same may be assigned or otherwise made available to Lessee and without warranty by Lessor as to the enforceability of any of the rights so assigned. To the extent that the same may not be assigned or otherwise made available to Lessee, Lessor agrees, provided that no Event of Default has occurred and is continuing, and at Lessee’s request and expense, to enforce such rights as Lessor may have with respect thereto for the benefit of Lessee. Upon return to or repossession by Lessor of the Aircraft following the continuation of any Event of Default, all such rights shall immediately revert to Lessor including all claims thereunder whether or not perfected. Where Lessee decides not to pursue any material claim, Lessee will immediately notify Lessor of such claim and of its intention not to pursue it. Lessor in such a case may direct Lessee to pursue such claim, and Lessee will pursue such claim in good faith on behalf of itself and Lessor.

Manufacturer’s Warranties. Provided no Event of Default has occurred and is continuing hereunder, Lessor agrees to assign or otherwise make available to Lessee at the expense of Lessee such rights as Owner or Lessor may have under any warranty, express or implied, with respect to the Aircraft made by Manufacturer, any subcontractor or supplier thereof, or any other seller thereof, any manufacturer of any Engine or Part, or any Person undertaking maintenance, repairs or modifications in respect of the Aircraft, to the extent that the same may be assigned or otherwise made available to Lessee and without warranty by Owner or Lessor as to the enforceability of any of the rights so assigned. To the extent that the same may not be assigned or otherwise made available to Lessee, Lessor agrees, provided that no Event of Default has occurred and is continuing, and at Lessee’s request and expense, to enforce such rights as Lessor may have and to cause Owner to enforce such rights as it may have with respect thereto for the benefit of Lessee. Upon return to or repossession by Lessor of the Aircraft following the continuation of any Event of Default, all such rights shall immediately revert to Lessor Owner or Lessor, as the case may be, including all claims thereunder whether or not perfected. Where Lessee decides not to pursue any material claim, Lessee will immediately notify Lessor of such claim and of its intention not to pursue it. Lessor in such a case may direct Lessee to pursue such claim, and Lessee will pursue such claim in good faith on behalf of itself and itself, Owner and/or Lessor.

Manufacturer’s Warranties. Provided no Event of Default has occurred and is continuing hereunder, Lessor agrees to assign or otherwise make available to Lessee for the Lease Period at the expense of Lessee such rights as Lessor may have under any warranty, express or implied, with respect to the Aircraft made by the Manufacturer, any subcontractor or supplier thereof, or any other seller thereof, any manufacturer of any Engine Engine, Propeller or Part, or any Person person undertaking maintenance, repairs or modifications in respect of the Aircraft, to the extent that the same may be assigned or otherwise made available to Lessee and without warranty by Lessor as to the enforceability of any of the rights so assigned. To the extent that the same may not be assigned or otherwise made available to Lessee, Lessor agrees, provided that no Event of Default has occurred and is continuing, and at Lessee’s request and expense, to enforce such rights as Lessor may have with respect thereto for the benefit of Lessee. Upon return to or repossession by Lessor of the Aircraft following During the continuation of any Event of DefaultDefault and only for so long as such Event of Default is continuing, all such rights shall immediately revert to Lessor including all claims thereunder whether or not perfected. Where Lessee decides not to pursue any material warranty claim, Lessee will immediately notify Lessor of such claim and of its intention not to pursue it. Lessor in such a case may direct Lessee to pursue such claim, and Lessee will pursue such claim in good faith on behalf of itself and Lessor. Lessee agrees that it will not do anything to materially adversely interfere with or diminish any warranty with respect to the Aircraft.

Manufacturer’s Warranties. Provided no Event (a) With effect from Delivery and for the duration of Default has occurred and is continuing hereunderthe Term, Lessor agrees to assign or otherwise make hereby makes available to Lessee, and authorizes Lessee to exercise, at the expense of Lessee Lessee’s cost, such rights as Lessor may have under any warranty, express or implied, warranty with respect to the Aircraft made by ManufacturerAircraft, any subcontractor or supplier thereof, or any other seller thereof, any manufacturer of any Engine or Partany Part made by any manufacturer, vendor, sub-contractor or any Person undertaking maintenance, repairs or modifications in respect supplier (including compensation for loss of use of the AircraftAircraft during the Term), to the extent that the same may be assigned or have not otherwise been made available to Lessee and without warranty by Lessor as pursuant to the enforceability of any of the rights so assigned. To the extent other agreement; provided, that the same may not be assigned or otherwise made available to Lessee, Lessor agrees, provided that no if an Event of Default has occurred and is continuing, any cash payments in respect of any warranty claim shall be subject to Clause 7.8 (Retention of Certain Payments). (b) Lessee shall give Lessor [and Owner Participant] prompt written notice of any warranty claim in respect of the Aircraft which is expected to exceed the Damage Notification Threshold. (c) Lessee shall take all steps and execute all documents as are necessary at Lessee’s request and expense, the end of the Term to enforce such rights as Lessor may have with respect thereto for ensure that the benefit of Lessee. Upon return any warranties to or repossession by Lessor of the Aircraft following the continuation of any Event of Default, all such rights shall immediately revert to which this Clause 13 (Manufacturer’s Warranties) applies and which have not expired is vested in Lessor including all claims thereunder (whether or not perfected. Where perfected and not including any claims relating to Lessee’s loss of use and operation of the Aircraft); provided, that in the event Lessee decides not is required to pursue any material claimsuch claims, Lessee will immediately notify Lessor agree to do so only upon receipt of such claim satisfactory indemnification for costs and of its intention not to pursue it. Lessor in such a case may direct Lessee to pursue such claim, and Lessee will pursue such claim in good faith on behalf of itself and expenses from Lessor.