Common use of Operation and Use Clause in Contracts

Operation and Use. The Grantor agrees that such Aircraft will not be maintained, used, serviced, repaired, overhauled or operated in violation of any law, rule or regulation of any government of any country having jurisdiction over such Aircraft or in violation of any airworthiness certificate, license or registration relating to such Aircraft issued by any such government, except to the extent the Grantor is contesting in good faith the validity or application of any such law, rule or regulation or airworthiness certificate, license or registration in any manner that does not involve any material risk of sale, forfeiture or loss of such Aircraft or impair the Lien of this Aircraft Security Agreement; and provided, that the Grantor shall not be in default under, or required to take any action set forth in, this sentence if it is not possible for it to comply with the laws of a jurisdiction other than the United States (or other than any jurisdiction in which such Aircraft is then registered) because of a conflict with the applicable laws of the United States (or such jurisdiction in which such Aircraft is then registered). The Grantor will not operate such Aircraft, or permit such Aircraft to be operated or located, (i) in any area excluded from coverage by any insurance required by Section 6.05 or (ii) in any war zone or recognized or, in the Grantor’s judgment, threatened areas of hostilities unless covered by war risk insurance, to the extent war risk insurance is required pursuant to Section 6.05, unless in the case of either clause (i) or (ii), (x) governmental indemnification in the amount of any insurance that would otherwise be required pursuant to Section 6.05 has been provided or (y) such Aircraft is only temporarily located in such area as a result of an isolated occurrence or isolated series of occurrences attributable to a hijacking, medical emergency, equipment malfunction, weather conditions, navigational error or other similar unforeseen circumstances and the Grantor is using its good faith efforts to remove such Aircraft from such area as promptly as practicable.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (American Airlines Inc), Credit and Guaranty Agreement (American Airlines Inc)

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Operation and Use. The Grantor agrees that such Aircraft Spare Engine will not be maintained, used, serviced, repaired, overhauled or operated in violation of any law, rule or regulation of any government of any country having jurisdiction over any airframe on which such Aircraft Spare Engine is installed or in violation of any airworthiness certificate, license or registration relating to such Aircraft related airframe issued by any such government, except (1) immaterial or non-recurring violations with respect to which corrective measures are taken promptly by the Grantor (or a Permitted Lessee) upon discovery thereof and (2) to the extent the Grantor is contesting in good faith the validity or application of any such law, rule or regulation or airworthiness certificate, license or registration in any manner that does not involve any material risk of sale, forfeiture or loss of such Aircraft Spare Engine or impair the Lien of this Aircraft Spare Engine Security Agreement; and provided, that the Grantor shall not be in default under, or required to take any action set forth in, this sentence if it is not possible for it to comply with the laws of a jurisdiction other than the United States (or other than any jurisdiction in which any airframe on which such Aircraft Spare Engine is installed is then registered) because of a conflict with the applicable laws of the United States (or such jurisdiction in which such Aircraft airframe is then registered). The Grantor will not operate such AircraftSpare Engine, or permit such Aircraft Spare Engine to be operated or located, (i) in any area excluded from coverage by any insurance required by Section 6.05 or (ii) in any war zone or recognized or, in the Grantor’s judgment, threatened areas of hostilities unless covered by war risk insurance, to the extent war risk insurance is required pursuant to Section 6.05, unless in the case of either clause (i) or (ii), (x) governmental indemnification in the amount of any insurance that would otherwise be required pursuant to Section 6.05 has been provided or (y) such Aircraft Spare Engine is only temporarily located in such area as a result of an isolated occurrence or isolated series of occurrences attributable to a hijacking, medical emergency, equipment malfunction, weather conditions, navigational error or other similar unforeseen circumstances and the Grantor is using its good faith efforts to remove such Aircraft Spare Engine from such area as promptly as practicable.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (American Airlines Inc)

Operation and Use. The Grantor Lessee agrees that such the Aircraft will not be maintained, used, serviced, repaired, overhauled used or operated in violation of any law, rule or regulation of any government of any country having jurisdiction over such the Aircraft or in violation of any airworthiness certificate, license or registration relating to such the Aircraft issued by any such government, except to the extent the Grantor Lessee (or, if a Sublease is then in effect, any Permitted Sublessee) is contesting in good faith the validity or application of any such law, rule or regulation or airworthiness certificate, license or registration in any manner that does not involve any material risk of sale, forfeiture or loss of such the Aircraft or materially adversely affect Lessor or, if any Equipment Notes are outstanding, materially impair the Lien of this Aircraft Security Agreementthe Indenture; and provided, that the Grantor Lessee shall not be in default under, or required to take any action set forth in, this sentence if it is not possible for it to comply with the laws of a jurisdiction other than the United States (or other than any jurisdiction in which such the Aircraft is then registered) because of a conflict with the applicable laws of the United States (or such jurisdiction in which such the Aircraft is then registered). The Grantor Lessee will not operate such the Aircraft, or permit such the Aircraft to be operated or located, (i) in any area excluded from coverage by any insurance required by the terms of Section 6.05 11 or (ii) in any war zone or recognized or, in the Grantor’s Lessee's judgment, threatened areas of hostilities unless covered by war risk insurance, to the extent war risk insurance is required pursuant to in accordance with Section 6.0511, unless in the case of either clause (i) or (ii), (x) governmental indemnification in the amount of any insurance that would otherwise be required pursuant to complying with Section 6.05 11 (a) and (b) has been provided or (y) such the Aircraft is only temporarily located in such area as a result of an isolated occurrence or isolated series of occurrences attributable to a hijacking, medical emergency, equipment malfunction, weather conditions, navigational error or other similar unforeseen circumstances and the Grantor Lessee is using its good faith efforts to remove such the Aircraft from such area as promptly as practicable.

Appears in 1 contract

Samples: Participation Agreement (Delta Air Lines Inc /De/)

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Operation and Use. The Grantor Company agrees that such the Aircraft will not be maintained, used, serviced, repaired, overhauled or operated in violation of any law, rule or regulation of any government of any country having jurisdiction over such the Aircraft or in violation of any airworthiness certificate, license or registration relating to such the Aircraft issued by any such government, except to the extent the Grantor Company is contesting in good faith the validity or application of any such law, rule or regulation or airworthiness certificate, license or registration in any manner that does not involve any material risk of sale, forfeiture or loss of such the Aircraft or impair the Lien of this Aircraft Security AgreementIndenture; and provided, that the Grantor Company shall not be in default under, or required to take any action set forth in, this sentence if it is not possible for it to comply with the laws of a jurisdiction other than the United States (or other than any jurisdiction in which such the Aircraft is then registered) because of a conflict with the applicable laws of the United States (or such jurisdiction in which such the Aircraft is then registered). The Grantor Company will not operate such the Aircraft, or permit such the Aircraft to be operated or located, (i) in any area excluded from coverage by any insurance required by the terms of Section 6.05 7.06 or (ii) in any war zone or recognized or, in the GrantorCompany’s judgment, threatened areas of hostilities unless covered by war risk insurance, to the extent war risk insurance is required pursuant to in accordance with Section 6.057.06, unless in the case of either clause (i) or (ii), (x) governmental indemnification in the amount of any insurance that would otherwise be required pursuant to complying with Section 6.05 7.06(a) and Section 7.06(b) has been provided or (y) such the Aircraft is only temporarily located in such area as a result of an isolated occurrence or isolated series of occurrences attributable to a hijacking, medical emergency, equipment malfunction, weather conditions, navigational error or other similar unforeseen circumstances and the Grantor Company is using its good faith efforts to remove such the Aircraft from such area as promptly as practicable.

Appears in 1 contract

Samples: Indenture and Security Agreement (Amr Corp)

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