Common use of Operation and Use Clause in Contracts

Operation and Use. The Lessee shall not operate, use or locate the Airframe or any Engine, or suffer such Airframe or any Engine to be operated, used or located (i) in any area excluded from coverage by any insurance required by the terms of Section 9 hereof, except in the case of a requisition by the United States of America where the Lessee obtains (and provides evidence of) indemnity from the Government for the benefit of the Additional Insureds against substantially the same risks and for at least the amounts of the insurance required by Section 9 hereof covering such area, or (ii) outside the United States or Canada in any recognized or, in the Lessee's reasonable judgment, threatened area of hostilities unless covered by war risk insurance, or in either case unless the Airframe or such Engine is operated or used under contract with the Government under which contract the Government assumes liability for substantially the same risks in at least the same amounts as would be covered by such insurance. The Lessee shall not permit the Airframe or any Engine to be used or operated during the Term in violation of any Applicable Law or in violation of any airworthiness certificate, license or registration relating to the Aircraft or such Engines issued by any competent governmental authority, unless (i) the validity thereof is being contested in good faith and by appropriate proceedings which do not involve a non-de minimis danger of the sale, forfeiture or loss of the Airframe or such Engine or the interest of Owner Participant therein, any risk of criminal liability or any material risk of civil liability against Lessor or Owner Participant, or (ii) it is not possible for the Lessee (or a Permitted Sublessee) to comply with the laws of a jurisdiction other than the United States (or other than any jurisdiction in which the Aircraft is then registered) because of a conflict with the applicable laws of the United States (or such jurisdiction in which the Aircraft is then registered).

Operation and Use. The Lessee shall not operate, use or locate the Airframe or any Engine, or suffer such Airframe or any Engine to be operated, used or located (i) in any area excluded from coverage by any insurance required by the terms of Section 9 hereof, except in the case of a requisition by the United States of America where the Lessee obtains (and provides evidence of) indemnity from the Government for the benefit of the Additional Insureds against substantially the same risks and for at least the amounts of the insurance required by Section 9 hereof covering -11- such area, or (ii) outside the United States or Canada in any recognized or, in the Lessee's reasonable judgment, threatened area of hostilities unless covered by war risk insurance, or in either case unless the Airframe or such Engine is operated or used under contract with the Government under which contract the Government assumes liability for substantially the same risks in at least the same amounts as would be covered by such insurance. The Lessee shall not permit the Airframe or any Engine to be used or operated during the Term in violation of any Applicable Law or in violation of any airworthiness certificate, license or registration relating to the Aircraft or such Engines issued by any competent governmental authority, unless (i) the validity thereof is being contested in good faith and by appropriate proceedings which do not involve a non-de minimis danger of the sale, forfeiture or loss of the Airframe or such Engine or the interest of Owner Participant therein, any risk of criminal liability or any material risk of civil liability against Lessor or Owner Participant, or (ii) it is not possible for the Lessee (or a Permitted Sublessee) to comply with the laws of a jurisdiction other than the United States (or other than any jurisdiction in which the Aircraft is then registered) because of a conflict with the applicable laws of the United States (or such jurisdiction in which the Aircraft is then registered).

Operation and Use. The Lessee shall not operate, use or locate the Airframe or any Engine, or suffer such Airframe or any Engine to be operated, used or located (i) in any area excluded from coverage by any insurance required by the terms of Section 9 hereof, except in the case of a requisition by the United States of America where the Lessee obtains (and provides evidence of) indemnity from the Government for the benefit of the Additional Insureds against substantially the same risks and for at least the amounts of the insurance required by Section 9 hereof covering such area, or (ii) outside the United States or Canada in any recognized or, in the Lessee's reasonable judgment, threatened area of hostilities unless covered by war risk insurance, or in either case (x) unless the Airframe or such Engine is operated or used under contract with the Government under which contract the Government assumes liability for substantially the same risks in at least the same amounts as would be covered by such insurance, or (y) except to the extent attributable to causes beyond the reasonable control of the Lessee or any Permitted Sublessee or to circumstances involving an isolated occurrence or series of events not in the ordinary course of the regular operations of the Lessee or any Permitted Sublessee, and the Lessee or Permitted Sublessee is diligently trying to rectify the situation and rectifies such situation within ninety (90) days of the occurrence thereof. The Lessee shall not permit the Airframe or any Engine to be used or operated during the Term in violation of any Applicable Law or in violation of any airworthiness certificate, license or registration relating to the Aircraft or such Engines issued by any competent governmental authorityAeronautical Authority, unless (i) the validity thereof is being contested in good faith and by appropriate proceedings which do not involve a non-de minimis danger of the sale, forfeiture or loss of the Airframe or such Engine or the interest of Owner Participant therein, any risk of criminal liability or any material risk of civil liability against Lessor or Owner Participant, or (ii) it is not possible for minor, unanticipated, or non- recurring violations that the Lessee (or a Permitted Sublessee) is diligently trying to comply with the laws of a jurisdiction other than the United States (or other than any jurisdiction in rectify which do not render the Aircraft is then registered) because liable to any risk of a conflict with the applicable laws of the United States (condemnation, destruction, seizure or such jurisdiction in which the Aircraft is then registered)confiscation by any Person.

Operation and Use. The Lessee shall not operate, use or locate the Airframe or any Engine, or suffer such Airframe or any Engine to be operated, used or located (i) in any area excluded from coverage by any insurance required by the terms of Section 9 hereof, except in the case of a requisition by the United States of America where the Lessee obtains (and provides evidence of) indemnity from the Government for the benefit of the Additional Insureds against substantially the same risks and for at least the amounts of the insurance required by Section 9 hereof covering such area, or (ii) outside the United States or Canada in any recognized or, in the Lessee's reasonable judgment, threatened area of hostilities unless covered by war risk insurance, or in either case unless the Airframe or such Engine is operated or used under contract with the Government under which contract the Government assumes liability for substantially the same risks in at least the same amounts as would be covered by such insurance. The Lessee shall not permit the Airframe or any Engine to be used or operated during the Term in violation of any Applicable Law or in violation of any airworthiness certificate, license or registration relating to the Aircraft or such Engines issued by any competent governmental authority, unless (i) the validity thereof is being contested in good faith and by appropriate proceedings which do not involve a non-de minimis danger of the sale, forfeiture or loss of the Airframe or such Engine or the interest of Owner any Participant therein, any risk of criminal liability or any material risk of civil liability against Lessor or Owner any Participant, or (ii) it is not possible for the Lessee (or a Permitted Sublessee) to comply with the laws of a jurisdiction other than the United States (or other than any jurisdiction in which the Aircraft is then registered) because of a conflict with the applicable laws of the United States (or such jurisdiction in which the Aircraft is then registered).

Operation and Use. The Lessee shall not (and will not permit any Permitted Sublessee) operate, use or locate the Airframe or any Engine, or suffer such Airframe or any Engine to be operated, used or located (i) in any area excluded from coverage by any insurance required by the terms of Section 9 hereof, except in the case of a requisition by the United States of America where the Lessee obtains (and provides evidence of) indemnity from the Government for the benefit of the Additional Insureds against substantially the same risks and for at least the amounts of the insurance required by Section 9 hereof covering such area, or (ii) outside the United States or Canada in any recognized or, in the Lessee's reasonable judgment, threatened area of hostilities unless covered by war risk insurance, or in either case unless the Airframe or such Engine is operated or used under contract with the Government under which contract the Government assumes liability for substantially the same risks in at least the same amounts as would be covered by such insurance. The Lessee shall not permit the Airframe or any Engine to be maintained, serviced, repaired, overhauled, used or operated during the Term in violation of any Applicable Law or in violation of any airworthiness certificate, rule, regulation, order, license or registration relating to the Aircraft or such Engines issued by any competent governmental authority, unless (i) the validity thereof is being contested in good faith and by appropriate proceedings which do not involve a non-de minimis danger of the sale, forfeiture or loss of the Airframe or such Engine or the interest of the Lessor, the Owner Participant thereinParticipant, the Indenture Trustee and the Noteholders therein or any risk of criminal liability or any material risk of civil liability against Lessor or Lessor, the Owner Participant, the Indenture Trustee or any Noteholders, or (ii) it is not possible for the Lessee (or a Permitted Sublessee) to comply with the laws of a jurisdiction other than the United States (or other than any jurisdiction in which the Aircraft is then registered) because of a conflict with the applicable laws of the United States (or such jurisdiction in which the Aircraft is then registered), provided, however, that actions taken under (i) -------- ------- and (ii) above will not result in the violation of any requirements of insurance pursuant to Section 9. The Lessee shall not intentionally do or permit to be done anything which will expose the Aircraft to penalty, forfeiture, impounding or detention, appropriation, damage or destruction (other than any damage or destruction arising in the ordinary course of operation of the Aircraft) or (insofar as the same relates to the operation or use of the Aircraft) the Lessor, the Owner Participant, the Indenture Trustee or any Noteholder to criminal liability (and in the event of any forfeiture, impounding, detention or appropriation of the Aircraft the Lessee shall take all such steps reasonably open to it with a view to obtaining the immediate release of the Aircraft). The Lessee shall not represent or hold out the Lessor, the Owner Participant, the Indenture Trustee or any Noteholder as carrying goods or passengers on the Aircraft or as being connected or associated with any operation of carriage which may be undertaken by the Lessee or pledge the credit of the Lessor, the Owner Participant, the Indenture Trustee or any Noteholder. So long as the Indenture is in effect, the Lessee shall not on any occasion on which the ownership of the Aircraft is relevant represent to third parties that title to the Aircraft is held by the Lessor free of the Lien of the Indenture.

Operation and Use. The Lessee shall not (and will not permit any Permitted Sublessee to) operate, use or locate the Airframe or any Engine, or suffer such Airframe or any Engine to be operated, used or located (i) in any area excluded from coverage by any insurance required by the terms of Section 9 hereof, except in the case of a requisition by the United States of America where the Lessee obtains (and provides evidence of) indemnity from the Government for the benefit of the Additional Insureds against substantially the same risks and for at least the amounts of the insurance required by Section 9 hereof covering such area, or (ii) outside the United States or Canada in any recognized or, in the Lessee's reasonable judgment, threatened area of hostilities unless covered by war risk insurance, or in either case unless the Airframe or such Engine is operated or used under contract with the Government under which contract the Government assumes liability for substantially the same risks in at least the same amounts as would be covered by such insurance. The Lessee shall not permit the Airframe or any Engine to be maintained, serviced, repaired, overhauled, used or operated during the Term in violation of any Applicable Law or in violation of any airworthiness certificate, rule, regulation, order, license or registration relating to the Aircraft or such Engines issued by any competent governmental authority, unless (i) the validity thereof is being contested in good faith and by appropriate proceedings which do not involve a non-de minimis danger of the sale, forfeiture or loss of the Airframe or such Engine or the interest of the Lessor, the Owner Participant therein, and the Indenture Trustee therein or any risk of criminal liability or any material risk of civil liability against Lessor Lessor, the Owner Participant or Owner Participantthe Indenture Trustee, or (ii) it is not possible for the Lessee (or a Permitted Sublessee) to comply with the laws of a jurisdiction other than the United States (or other than any jurisdiction in which the Aircraft is then registered) because of a conflict with the applicable laws of the United States (or such jurisdiction in which the Aircraft is then registered), provided, however, that actions taken under (i) and (ii) above will -------- ------- not result in the violation of any requirements of insurance pursuant to Section 9.

Operation and Use. The Lessee Borrower shall not operate, use or locate the Airframe or ----------------- any Engine, or suffer such Airframe or any Engine to be operated, used or located (i) in any area excluded from coverage by any insurance required by the terms of Section 9 4.05 hereof, except in the case of a requisition by the United States of America where the Lessee Borrower obtains (and provides evidence of) indemnity from the Government for the benefit of the Additional Insureds against substantially the same risks and for at least the amounts of the insurance required by Section 9 4.05 hereof covering such area, or (ii) outside the United States or Canada in any recognized or, in the LesseeBorrower's reasonable judgment, threatened area of hostilities unless covered by war risk insurance, or in either case (x) unless the Airframe or such Engine is operated or used under contract with the Government under which contract the Government assumes liability for substantially the same risks in at least the same amounts as would be covered by such insurance, or (y) except to the extent attributable primarily to causes beyond the reasonable control of the Borrower or any Permitted Lessee or primarily to circumstances involving an isolated occurrence or series of events not in the ordinary course of the regular operations of the Borrower or any Permitted Lessee, and the Borrower or Permitted Lessee is diligently trying to rectify the situation. The Lessee Borrower shall not permit the Airframe or any Engine to be used or operated during the Term in violation of any Applicable Law or in violation of any airworthiness certificate, license or registration relating to the Aircraft or such Engines issued by any competent governmental authority, unless (i) the validity thereof is being contested in good faith and by appropriate proceedings which do not involve a non-de minimis danger of the sale, forfeiture or loss of the Airframe or such Engine or the interest first priority Lien of Owner Participant thereinthis Agreement, any risk of criminal liability or any material risk of civil liability against Lessor or Owner ParticipantLender, or (ii) it is not possible for the Lessee Borrower (or a Permitted SublesseeLessee) to comply with the laws of a jurisdiction other than the United States (or other than any jurisdiction in which the Aircraft aircraft (on which such Engine is installed) is then registered) because of a conflict with the applicable laws of the United States (or such jurisdiction in which the Aircraft aircraft (on which such Engine is installed) is then registered), or (iii) it is for minor, unanticipated, or non-recurring violations that the Borrower is diligently trying to rectify which do not render such Engine liable to any risk of condemnation, destruction, seizure or confiscation by any authority.

Operation and Use. The Lessee shall not operate, use or locate the Airframe or any Engine, or suffer such Airframe or any Engine to be operated, used or located (i) in any area excluded from coverage by any insurance required by the terms of Section 9 hereof, except in the case of a requisition by the United States of America where the Lessee obtains (and provides evidence of) indemnity from the Government for the benefit of the Additional Insureds against substantially the same risks and for at least the amounts of the insurance required by Section 9 hereof covering such area, or (ii) outside the United States or Canada in any recognized or, in the Lessee's reasonable judgment, threatened area of hostilities unless covered by war risk insurance, or in either case unless the Airframe or such Engine is operated or used under contract with the Government under which contract the Government assumes liability for substantially the same risks in at least the same amounts as would be covered by such insurance. The Lessee shall not permit the Airframe or any Engine to be used or operated during the Term in violation of any Applicable Law or in violation of any airworthiness certificate, license or registration relating to the Aircraft or such Engines issued by any competent governmental authority, unless (i) the validity thereof is being contested in good faith and by appropriate proceedings which do not involve a non-de minimis material danger of the sale, forfeiture or loss of the Airframe or such Engine or the interest of Owner Participant therein, any risk of criminal liability or any material risk of civil liability against Lessor or Owner ParticipantEngine, or (ii) it is not possible for the Lessee (or a Permitted Sublessee) to comply with the laws of a jurisdiction other than the United States (or other than any jurisdiction in which the Aircraft is then registered) because of a conflict with the applicable laws of the United States (or such jurisdiction in which the Aircraft is then registered).