Common use of OTHER COMMERCIAL RELATIONS UNAFFECTED Clause in Contracts

OTHER COMMERCIAL RELATIONS UNAFFECTED. Notwithstanding anything to the contrary set forth in any Operative Agreement: (a) Except as set forth in the Purchase Agreement Assignment, nothing contained in the Operative Agreements shall constitute or be deemed to be a waiver by Lessee of any rights, remedies or claims it may have against Airframe Manufacturer or Engine Manufacturer or any subcontractor or supplier of either; and the Operative Agreements do not and shall not be construed or deemed to create any rights, waivers, immunities or indemnities in favor of Airframe Manufacturer, Engine Manufacturer or any subcontractor or supplier of either with respect to any such rights, remedies or claims of Lessee; and (b) None of Airframe Manufacturer, by its execution and delivery of the Consent and Agreement, and Engine Manufacturer, by its execution and delivery of the Engine Consent and Agreement, shall be deemed to have waived any rights, remedies or claims which Airframe Manufacturer or Engine Manufacturer (or any subcontractor or supplier of either), as the case may be, may have against Lessee; and the Operative Agreements do not and shall not be construed or deemed to create any rights, waivers, immunities or indemnities in favor of Lessee with respect to any such rights, remedies or claims of Airframe Manufacturer or Engine Manufacturer (or any subcontractor or supplier of either).

Appears in 12 contracts

Samples: Note Purchase Agreement (Continental Airlines Inc /De/), Participation Agreement (Continental Airlines Inc /De/), Participation Agreement (Continental Airlines Inc /De/)

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OTHER COMMERCIAL RELATIONS UNAFFECTED. Notwithstanding anything to the contrary set forth in any Operative Agreement: (a) Except as set forth in the Purchase Agreement Assignment, nothing contained in the Operative Agreements shall constitute or be deemed to be a waiver by Lessee of any rights, remedies or claims it may have against Airframe Manufacturer or Engine Manufacturer or any subcontractor or supplier of either; and the Operative Agreements do not and shall not be construed or deemed to create any rights, waivers, immunities or indemnities in favor of Airframe Manufacturer, Engine Manufacturer or any subcontractor or supplier of either with respect to any such rights, remedies or claims of Lessee; and (b) None of The Airframe Manufacturer, by its execution and delivery of the Consent and Agreement, and Engine Manufacturer, by its execution and delivery of the Engine Consent and Agreement, shall not be deemed to have waived any rights, remedies or claims which Airframe Manufacturer or Engine Manufacturer (or any subcontractor or supplier of either), as the case may be, Airframe Manufacturer) may have against Lessee; and the Operative Agreements do not and shall not be construed or deemed to create any rights, waivers, immunities or indemnities in favor of Lessee with respect to any such rights, remedies or claims of Airframe Manufacturer or Engine Manufacturer (or any subcontractor or supplier of eitherAirframe Manufacturer).

Appears in 6 contracts

Samples: Participation Agreement (Continental Airlines Inc /De/), Participation Agreement (Continental Airlines Inc /De/), Participation Agreement (Continental Airlines Inc /De/)

OTHER COMMERCIAL RELATIONS UNAFFECTED. Notwithstanding anything to the contrary set forth in any Operative Agreement: (a) Except except as set forth in the Purchase Agreement Assignment, nothing contained in the Operative Agreements shall constitute or be deemed to be a waiver by Lessee of any rights, remedies remedies, or claims it may have against Airframe Manufacturer or Engine Manufacturer or any subcontractor or supplier of either; and the Operative Agreements do not and shall not be construed or deemed to create any rights, waivers, immunities immunities, or indemnities in favor of Airframe Manufacturer, Engine Manufacturer Manufacturer, or any subcontractor or supplier of either with respect to any such rights, remedies remedies, or claims of Lessee; and (b) None of neither Airframe Manufacturer, by its execution and delivery of the Consent and Agreement, and nor Engine Manufacturer, by its execution and delivery of the Engine Consent and Manufacturer Warranty Agreement, shall be deemed to have waived any rights, remedies remedies, or claims which Airframe Manufacturer or Engine Manufacturer (or any subcontractor or supplier of either), as the case may be, may have ) has against Lessee; and the Operative Agreements do not and shall not be construed or deemed to create any rights, waivers, immunities immunities, or indemnities in favor of Lessee with respect to any such rights, remedies remedies, or claims of Airframe Manufacturer or Engine Manufacturer (or any subcontractor or supplier of either).

Appears in 3 contracts

Samples: Financing Agreement (Amtran Inc), Participation Agreement (Amtran Inc), Participation Agreement (Amtran Inc)

OTHER COMMERCIAL RELATIONS UNAFFECTED. Notwithstanding anything to the contrary set forth in any Operative Agreement: (a) Except except as set forth in the Purchase Agreement Assignment, nothing contained in the Operative Agreements shall constitute or be deemed to be a waiver by Lessee of any rights, remedies remedies, or claims it may have against Airframe Manufacturer or Engine Manufacturer or any subcontractor or supplier of either; and the Operative Agreements do not and shall not be construed or deemed to create any rights, waivers, immunities immunities, or indemnities in favor of Airframe Manufacturer, Engine Manufacturer Manufacturer, or any subcontractor or supplier of either with respect to any such rights, remedies remedies, or claims of Lessee; and (b) None of neither Airframe Manufacturer, by its execution and delivery of the Consent and Agreement, and nor Engine Manufacturer, by its execution and delivery of the Engine Consent and Agreement, shall be deemed to have waived any rights, remedies remedies, or claims which Airframe Manufacturer or Engine Manufacturer (or any subcontractor or supplier of either), as the case may be, may have ) has against Lessee; and the Operative Agreements do not and shall not be construed or deemed to create any rights, waivers, immunities immunities, or indemnities in favor of Lessee with respect to any such rights, remedies remedies, or claims of Airframe Manufacturer or Engine Manufacturer (or any subcontractor or supplier of either).

Appears in 1 contract

Samples: Note Purchase Agreement (Airtran Holdings Inc)

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OTHER COMMERCIAL RELATIONS UNAFFECTED. Notwithstanding anything to the contrary set forth in any Operative Agreement: (a) Except as set forth in the Purchase Agreement Assignment, nothing contained in the Lessee Operative Agreements shall constitute or be deemed to be a waiver by Lessee of any rights, remedies or claims it may have against Airframe Manufacturer or Engine Manufacturer or any subcontractor or supplier of either; and the Operative Agreements do not and shall not be construed or deemed to create any rights, waivers, immunities or indemnities in favor of Airframe Manufacturer, Engine Manufacturer or any subcontractor or supplier of either with respect to any such rights, remedies or claims of Lessee; and (b) None of Airframe Manufacturer, by its execution and delivery of the Consent and Agreement, and Engine Manufacturer, by its execution and delivery of the Engine Consent and Agreement, shall be deemed to have waived any rights, remedies or claims which Airframe Manufacturer or Engine Manufacturer (or any subcontractor or supplier of either), as the case may be, may have against Lessee; and the Operative Agreements do not and shall not be construed or deemed to create any rights, waivers, immunities or indemnities in favor of Lessee with respect to any such rights, remedies or claims of Airframe Manufacturer or Engine Manufacturer (or any subcontractor or supplier of either).

Appears in 1 contract

Samples: Note Purchase Agreement (Continental Airlines Inc /De/)

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