Operational Test Flight. Promptly after completion of any corrections required under Articles 3.1 and 3.2, the Aircraft shall be test flown by Sublessee, using qualified flight test personnel, for the amount of time necessary to satisfactorily demonstrate the airworthiness of the Aircraft and the proper functioning of all systems and components. Such Flight Test profile will consist of the items specified in Appendix II hereto. During such test flight command, care, custody and control of the Aircraft shall remain at all times with Sublessee. Two (2) of Sublessor’s designated representatives (or more if mutually agreed and permitted by the FAA) may participate in such flight as observers. Upon completion of such operational flight testing, the representatives of Sublessee and Sublessor participating in such testing shall agree in writing upon any discrepancies required to be corrected by Sublessee in order to comply with Articles 1 and 2. If any of the discrepancies referred to in Articles 3.1, 3.2 and 3.3 continue to persist, Sublessor may, at its option, agree to provisionally technically accept the Aircraft. As used herein, “discrepancy(ies)” means (a) for items addressed in the Manufacturer’s maintenance manual, a detected condition that exceeds Manufacturer’s maintenance manual allowable limits, (b) for items not addressed in the Manufacturer’s maintenance manual, a detected condition that exceeds allowable limits under Sublessee’s FAA approved airplane flight manual and (c) for items not addressed in the Manufacturer’s maintenance manual or Sublessee’s FAA approved airplane flight manual, a detected condition that renders the Aircraft not airworthy. Upon completion of the operational test flight and after Sublessee has corrected any discrepancies in the condition of the Aircraft as required under this Exhibit D and that exceed allowable limits, the Aircraft shall be technically accepted by Sublessor’s representatives as evidenced by the signed acceptance certificate.
Operational Test Flight. After completion of any corrections required under Section 7.2(d)(1), Seller shall direct XXX to test fly such Aircraft, using qualified flight test personnel, for not more than one (1) hour in the vicinity of an XXX facility in Japan (or at an Other Location acceptable to the parties), for the purpose of demonstrating to Purchaser the satisfactory operation of such Aircraft and its equipment. During such test flight command, care, custody, and control of the Aircraft shall remain at all times with XXX. Three (3) of Purchaser's employees may participate in such flight as observers. Said flight shall be flown using ANA's standard operational test flight procedures. Upon completion of such operational flight testing, Seller shall direct XXX promptly to correct any bona fide material discrepancies from the conditions required by Article 4 which are observed during such flight and are communicated in writing to Seller and XXX provided that such discrepancies are with respect to items of the type described in Section 4.2(d) hereof. The period of such correction shall constitute Excusable Delay. If ANA's Maintenance Program requires XXX to test fly such Aircraft after such corrections, Seller shall direct XXX to conduct such a test flight.
