Common use of Other Loss or Damage Clause in Contracts

Other Loss or Damage. 18.6.1 If the Aircraft or any Part thereof suffers loss or damage not constituting a Total Loss of the Aircraft or the Airframe or any Engine, all the obligations of LESSEE under this Lease (including payment of Rent) will continue in full force. 18.6.2 In the event of any loss or damage to the Aircraft or Airframe which does not constitute a Total Loss of the Aircraft or the Airframe, or any loss or damage to an Engine which does not constitute a Total Loss of such Engine, LESSEE will at its sole cost and expense fully repair the Aircraft or Engine in order that the Aircraft or Engine is placed in an airworthy condition and substantially the same condition as it was prior to such loss or damage. All repairs will be performed in accordance with sound airline procedures. LESSEE will notify LESSOR forthwith of any loss, theft or damage to the Aircraft for which the cost of repairs is estimated to exceed Seven Hundred Fifty Thousand U.S. Dollars (US$750,000), together with LESSEE's proposal for carrying out the repair. In the event that LESSOR does not agree with LESSEE's proposals for repair, LESSOR will so notify LESSEE within two (2) Business Days after its receipt of such proposal. LESSEE and LESSOR will then consult with Manufacturer and LESSEE and LESSOR agree to accept as conclusive, and be bound by, Manufacturer's directions or recommendations as to the manner in which to carry out such repairs. If Manufacturer declines to give directions or recommendations, LESSEE will carry out the repairs in accordance with the directions of LESSOR. 18.6.3 To the extent that LESSOR has received insurance proceeds from LESSEE's insurers with respect to any loss or damage, LESSOR will (subject to LESSOR's right to deduct therefrom any amounts then due and payable by LESSEE under this Lease and submission by LESSEE of reasonable documentation confirming the completion of the repairs in accordance with the requirements of this Lease) pay to LESSEE insurance proceeds received by LESSOR as and when such repair work is performed on the Aircraft.

Appears in 28 contracts

Samples: Aircraft Lease Agreement (Amtran Inc), Aircraft Lease Agreement (Amtran Inc), Aircraft Lease Agreement (Amtran Inc)

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Other Loss or Damage. 18.6.1 19.7.1 If the Aircraft or any Part thereof suffers loss or damage not constituting a Total Loss of the Aircraft or the Airframe or any EngineEngine or the APU, all the obligations of LESSEE under this Lease (including payment of Rent) will continue in full force. 18.6.2 19.7.2 In the event of any loss or damage to the Aircraft or Airframe which does not constitute a Total Loss of the Aircraft or the Airframe, or any loss or damage to an Engine or the APU which does not constitute a Total Loss of such EngineEngine or the APU, LESSEE will at its sole cost and expense fully and promptly repair the Aircraft Aircraft, Engine or Engine APU in order that the Aircraft Aircraft, Engine or Engine APU is placed in an airworthy condition and substantially the same condition as it was prior to such loss or damage. All repairs will be performed in accordance with sound airline proceduresa manner which preserves and maintains all warranties and service life policies to the same extent as they existed prior to such loss or damage. LESSEE will notify LESSOR forthwith of any loss, theft or damage to the Aircraft for which the cost of repairs is estimated to exceed Seven Hundred Fifty Thousand U.S. Dollars (US$750,000)the Damage Proceeds Threshold, together with LESSEE's proposal and timetable for carrying out the repair. In the event that LESSOR does not agree with LESSEE's proposals proposal for repair, LESSOR will so notify LESSEE within two ([REDACTED: Item 2) Business Days ] after its receipt of such proposal. LESSEE and LESSOR will then consult with Manufacturer and LESSEE and LESSOR agree to accept as conclusive, and be bound by, Manufacturer's directions or recommendations as to the manner in which to carry out such repairs. If Manufacturer declines to give directions or recommendations, LESSEE will carry out the repairs in accordance with the directions of LESSOR. 18.6.3 To . If the extent that LESSOR has received insurance proceeds from LESSEE's insurers with respect to any Aircraft is airworthy or the Engine or APU serviceable notwithstanding the loss or damage, LESSEE will repair such Aircraft, Engine or APU, as the case may be, within the time frame reasonably established by LESSOR given the circumstances. 19.7.3 All insurance proceeds from any damage or loss to the Aircraft, any Engine, the APU or any Part occurring during the Lease Term not constituting a Total Loss and in excess of the Damage Proceeds Threshold will be paid to a Maintenance Performer (subject or to LESSORreimburse LESSEE) for repairs or replacement property upon LESSOR being satisfied that the repairs or replacement have been accomplished in accordance with this Lease. All insurance proceeds in amounts less than the Damage Proceeds Threshold may be paid by the insurer directly to LESSEE or, at LESSEE's right option, to deduct therefrom a Maintenance Performer. If at the time of the payment of any such insurance proceeds a Default or Event of Default has occurred and is continuing, all such proceeds will be paid to or retained by LESSOR (so long as such Default or Event of Default is continuing) to be applied toward payment of any amounts then due and which may be or become payable by LESSEE under this Lease and submission by LESSEE of reasonable documentation confirming the completion of the repairs in accordance with the requirements of this Lease) pay to LESSEE insurance proceeds received by such order as LESSOR sees fit or as and when such repair work is performed on the AircraftLESSOR may elect.

Appears in 2 contracts

Samples: Aircraft Lease Agreement, Aircraft Lease Agreement

Other Loss or Damage. 18.6.1 19.7.1 If the Aircraft or any Part thereof suffers loss or damage not constituting a Total Loss of the Aircraft or the Airframe or any EngineEngine or the APU, all the obligations of LESSEE under this Lease (including payment of Rent) will continue in full force. 18.6.2 19.7.2 In the event of any loss or damage to the Aircraft or Airframe which does not constitute a Total Loss of the Aircraft or the Airframe, or any loss or damage to an Engine or the APU which does not constitute a Total Loss of such EngineEngine or the APU, LESSEE will at its sole cost and expense fully and promptly repair the Aircraft Aircraft, Engine or Engine APU in order that the Aircraft Aircraft, Engine or Engine APU is placed in an airworthy condition and substantially the same condition as it was prior to such loss or damage. All repairs will be performed in accordance with sound airline proceduresa manner which preserves and maintains all warranties and service life policies to the same extent as they existed prior to such loss or damage. LESSEE will notify LESSOR forthwith of any loss, theft or damage to the Aircraft for which the cost of repairs is estimated to exceed Seven Hundred Fifty Thousand U.S. Dollars (US$750,000), together with LESSEE's ’s proposal and timetable for carrying out the repair. In the event that LESSOR does not agree with LESSEE's proposals ’s proposal for repair, LESSOR will so notify LESSEE within two (2) Business Days after its receipt of such proposal. LESSEE and LESSOR will then consult with Manufacturer and LESSEE and LESSOR agree to accept as conclusive, and be bound by, Manufacturer's ’s directions or recommendations as to the manner in which to carry out such repairs. If Manufacturer declines to give directions or recommendations, LESSEE will carry out the repairs in accordance with the directions of LESSOR. 18.6.3 To . If the extent that LESSOR has received insurance proceeds from LESSEE's insurers with respect to any Aircraft is airworthy or the Engine or APU serviceable notwithstanding the loss or damage, LESSOR LESSEE will (subject to LESSOR's right to deduct therefrom any amounts then due and payable by LESSEE under this Lease and submission by LESSEE of reasonable documentation confirming repair such Aircraft, Engine or APU, as the completion of case may be, within the repairs in accordance with the requirements of this Lease) pay to LESSEE insurance proceeds received time frame reasonably established by LESSOR as and when such repair work is performed on given the Aircraftcircumstances.

Appears in 2 contracts

Samples: Credit Agreement (International Lease Finance Corp), Credit Agreement (International Lease Finance Corp)

Other Loss or Damage. 18.6.1 If the Aircraft or any Part thereof suffers loss or damage not constituting a Total Loss of the Aircraft or the Airframe or any Engine, all the obligations of LESSEE under this Lease (including payment of Rent) will continue in full force. 18.6.2 In the event of any loss or damage to the Aircraft or Airframe which does not constitute a Total Loss of the Aircraft or the Airframe, or any loss or damage to an Engine which does not constitute a Total Loss of such Engine, LESSEE will at its sole cost and expense fully repair the Aircraft or Engine in order that the Aircraft or Engine is placed in an airworthy condition and substantially the same condition as it was prior to such loss or damage. All repairs will be performed in accordance with sound airline proceduresa manner which preserves and maintains all warranties and service life policies to the same extent as they existed prior to such loss or damage. LESSEE will notify LESSOR forthwith of any loss, theft or damage to the Aircraft for which the cost of repairs is estimated to exceed Seven Hundred Fifty Thousand U.S. Dollars (US$750,000)[Redacted], together with LESSEE's proposal for carrying out the repair. In the event that LESSOR does not agree with LESSEE's proposals for repair, LESSOR will so notify LESSEE within two (2) Business Days after its receipt of such proposal. LESSEE and LESSOR will then consult with Manufacturer and LESSEE and LESSOR agree to accept as conclusive, and be bound by, Manufacturer's directions or recommendations as to the manner in which to carry out such repairs. If Manufacturer declines to give directions or recommendations, LESSEE will carry out the repairs in accordance with the reasonable directions of LESSOR. 18.6.3 To the extent that insurance proceeds received by LESSEE directly from its insurers do not cover the cost of such repair work on the Aircraft or Engine and LESSOR has received additional insurance proceeds from LESSEE's insurers with respect to any loss or damagesuch repair work, LESSOR will (subject to LESSOR's right to deduct therefrom any amounts then due and payable by LESSEE under this Lease and submission by LESSEE of reasonable documentation confirming the completion in support of the repairs in accordance with the requirements of this Leasesuch excess repair costs) pay to LESSEE insurance proceeds received by LESSOR as and when such repair work is performed on the Aircraft.

Appears in 1 contract

Samples: Aircraft Lease Agreement (Hawaiian Airlines Inc/Hi)

Other Loss or Damage. 18.6.1 19.7.1 If the Aircraft or any Part thereof suffers loss or damage not constituting a Total Loss of the Aircraft or the Airframe or any EngineEngine or the APU, all the obligations of LESSEE under this Lease (including payment of Rent) will continue in full force. 18.6.2 19.7.2 In the event of any loss or damage to the Aircraft or Airframe which does not constitute a Total Loss of the Aircraft or the Airframe, or any loss or damage to an Engine or the APU which does not constitute a Total Loss of such EngineEngine or the APU, LESSEE will at its sole cost and expense fully repair the Aircraft Aircraft, Engine or Engine APU in order that the Aircraft Aircraft, Engine or Engine APU is placed in an airworthy condition and substantially the same condition as it was prior to such loss or damage. All repairs will be performed in accordance with sound airline proceduresa manner which preserves and maintains all warranties and service life policies to the same extent as they existed prior to such loss or damage. LESSEE will notify LESSOR forthwith promptly of any loss, theft or damage to the Aircraft for which the cost of repairs is estimated to exceed Seven Hundred Fifty Thousand U.S. Dollars (US$750,000)**Material Redacted**, together with LESSEE's proposal for carrying out the repair. In the event that LESSOR does not agree with LESSEE's proposals for repair, LESSOR will so notify LESSEE within two (2) Business Days after its receipt of such proposal. LESSEE and LESSOR will then consult with Manufacturer and LESSEE and LESSOR agree to accept as conclusive, and be bound by, Manufacturer's directions or recommendations as to the manner in which to carry out such repairs. If Manufacturer declines to give directions or recommendations, LESSEE will carry out the repairs in accordance with the reasonable directions of LESSOR. 18.6.3 To the extent that LESSOR has received insurance proceeds from LESSEE's insurers with respect to any loss or damage, LESSOR will (subject to LESSOR's right to deduct therefrom any amounts then due and payable by LESSEE under this Lease and submission by LESSEE of reasonable documentation confirming the completion of the repairs in accordance with the requirements of this Lease) pay to LESSEE insurance proceeds received by LESSOR as and when such repair work is performed on the Aircraft.

Appears in 1 contract

Samples: Aircraft Lease Agreement (Copa Holdings, S.A.)

Other Loss or Damage. 18.6.1 19.7.1 If the Aircraft or any Part thereof suffers loss or damage not constituting a Total Loss of the Aircraft or the Airframe or any EngineEngine or the APU, all the obligations of LESSEE under this Lease (including payment of Rent) will continue in full force. 18.6.2 19.7.2 In the event of any loss or damage to the Aircraft or Airframe which does not constitute a Total Loss of the Aircraft or the Airframe, or any loss or damage to an Engine or the APU which does not constitute a Total Loss of such EngineEngine or the APU, LESSEE will at its sole cost and expense fully repair the Aircraft Aircraft, Engine or Engine APU in order that the Aircraft Aircraft, Engine or Engine APU is placed in an airworthy condition and substantially the same condition as it was prior to such loss or damage. All repairs will be performed in accordance with sound airline proceduresa manner which preserves and maintains all warranties and service life policies to the same extent as they existed prior to such loss or damage. LESSEE will notify LESSOR forthwith promptly of any loss, theft or damage to the Aircraft for which the cost of repairs is estimated to exceed Seven Hundred Fifty Thousand U.S. Dollars (US$750,000)**Material Redacted**, together with LESSEE's ’s proposal for carrying out the repair. In the event that LESSOR does not agree with LESSEE's ’s proposals for repair, LESSOR will so notify LESSEE within two (2) Business Days after its receipt of such proposal. LESSEE and LESSOR will then consult with Manufacturer and LESSEE and LESSOR agree to accept as conclusive, and be bound by, Manufacturer's ’s directions or recommendations as to the manner in which to carry out such repairs. If Manufacturer declines to give directions or recommendations, LESSEE will carry out the repairs in accordance with the reasonable directions of LESSOR. 18.6.3 To the extent that LESSOR has received insurance proceeds from LESSEE's insurers with respect to any loss or damage, LESSOR will (subject to LESSOR's right to deduct therefrom any amounts then due and payable by LESSEE under this Lease and submission by LESSEE of reasonable documentation confirming the completion of the repairs in accordance with the requirements of this Lease) pay to LESSEE insurance proceeds received by LESSOR as and when such repair work is performed on the Aircraft.

Appears in 1 contract

Samples: Aircraft Lease Agreement (Copa Holdings, S.A.)

Other Loss or Damage. 18.6.1 19.6.1 If the Aircraft or any Part thereof suffers loss or damage not constituting a Total Loss of the Aircraft or the Airframe or any Engine, all the obligations of LESSEE under this Lease (including payment of Rent) will continue in full force. 18.6.2 19.6.2 In the event of any loss or damage to the Aircraft or Airframe which does not constitute a Total Loss of the Aircraft or the Airframe, or any loss or damage to an Engine which does not constitute a Total Loss of such Engine, LESSEE will at its sole cost and expense fully repair the Aircraft Aircraft, Engine or Engine APU in order that the Aircraft or Engine is placed in an airworthy condition and substantially the same condition as it was prior to such loss or damage. All repairs will be performed in accordance with sound airline proceduresa manner which preserves and maintains, to the extent possible, all warranties and service life policies to the same extent as they existed prior to such loss or damage. LESSEE will notify LESSOR forthwith of any loss, theft or damage to the Aircraft for which the cost of repairs is estimated to exceed Seven Hundred Fifty Thousand U.S. Dollars (US$750,000)[SEE PARAGRAPH 15 OF EXHIBIT C.], together with LESSEE's ’s proposal for carrying out the repair. In the event that LESSOR does not agree with LESSEE's ’s proposals for repair, LESSOR will so notify LESSEE within two (2) Business Days after its receipt of such proposal. Upon receipt of such notice from LESSOR, LESSEE and LESSOR will then consult with Manufacturer and LESSEE and LESSOR agree to accept as conclusive, and be bound by, Manufacturer's ’s directions or recommendations as to the manner in which to carry out such repairs. If Manufacturer declines to give directions or recommendations, LESSEE will carry out the repairs in accordance with the directions of LESSOR. 18.6.3 19.6.3 To the extent that insurance proceeds received by LESSEE directly from its insurers do not cover the cost of such repair work on the Aircraft or Engine and LESSOR has received additional insurance proceeds from LESSEE's ’s insurers with respect to any loss or damagesuch repair work, LESSOR will (subject to LESSOR's ’s right to deduct therefrom any amounts then due and payable by LESSEE under this Lease and submission by LESSEE of reasonable documentation confirming the completion in support of the repairs in accordance with the requirements of this Leasesuch excess repair costs) pay to LESSEE insurance proceeds received by LESSOR as and when such repair work is performed on the Aircraft.

Appears in 1 contract

Samples: Aircraft Lease Agreement (Frontier Airlines Inc /Co/)

Other Loss or Damage. 18.6.1 19.16.1 If the Aircraft or any Part thereof suffers loss or damage not constituting a Total Loss of the Aircraft or the Airframe or any EngineEngine or the APU, all the obligations of LESSEE under this Lease (including payment of Rent) will continue in full force. 18.6.2 19.16.2 In the event of any loss or damage to the Aircraft or Airframe which does not constitute a Total Loss of the Aircraft or the Airframe, or any loss or damage to an Engine or the APU which does not constitute a Total Loss of such EngineEngine or the APU, LESSEE will at its sole cost and expense fully and with reasonable promptness repair the Aircraft Aircraft, Engine or Engine APU in order that the Aircraft Aircraft, Engine or Engine APU is placed in an airworthy condition and substantially the same condition as it was prior to such loss or damage. All repairs will be performed in accordance with sound airline proceduresa manner which preserves and maintains all warranties and service life policies to the same extent as they existed prior to such loss or damage. LESSEE will notify LESSOR forthwith of any loss, theft or damage to the Aircraft for which the cost of repairs is estimated to exceed Seven Hundred Fifty Thousand U.S. Dollars (US$750,000)*****, together with LESSEE's ’s proposal and timetable for carrying out the repair. In the event that LESSOR does not agree with LESSEE's proposals ’s proposal for repair, LESSOR will so notify LESSEE within two (2) Business Days after its receipt of such proposal. LESSEE and LESSOR will then consult with Manufacturer and LESSEE and LESSOR agree to accept as conclusive, and be bound by, Manufacturer's ’s directions or recommendations as to the manner in which to carry out such repairs. If Manufacturer declines to give directions or recommendations, LESSEE will carry out the repairs in accordance with the directions of LESSOR. 18.6.3 To . If the extent that LESSOR has received insurance proceeds from LESSEE's insurers with respect to any Aircraft is airworthy or the Engine or APU serviceable notwithstanding the loss or damage, LESSEE will repair such Aircraft, Engine or APU, as the case may be, within the time frame reasonably established by LESSOR will (subject to LESSOR's right to deduct therefrom any amounts then due and payable by LESSEE under this Lease and submission by LESSEE of reasonable documentation confirming given the completion circumstances. ***** Confidential portions of the repairs in accordance material have been omitted and filed separately with the requirements of this Lease) pay to LESSEE insurance proceeds received by LESSOR as Securities and when such repair work is performed on the Aircraft.Exchange Commission. 70 ARTICLE 19 LOSS, DAMAGE AND REQUISITION

Appears in 1 contract

Samples: Aircraft Lease Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.)

Other Loss or Damage. 18.6.1 19.6.1 If the Aircraft or any Part part thereof suffers loss or damage during the Term not constituting a Total Loss of the Aircraft or the Airframe or any Engine, all the obligations of LESSEE and LESSOR under this Lease (including payment of Rent) will continue in full force. 18.6.2 19.6.2 In the event of any loss or damage to the Aircraft or Airframe which that does not constitute a Total Loss of the Aircraft or the Airframe, or any loss or damage to an Engine which that does not constitute a Total Loss of such Engine, LESSEE will at its sole cost and expense fully repair the Aircraft or Engine in order that the Aircraft or Engine is placed in an airworthy condition and substantially the same condition as it was prior to such loss or damage. All repairs will be performed in accordance with sound airline proceduresa manner that preserves and maintains all warranties and service life policies to the same extent as they existed prior to such loss or damage. LESSEE will notify LESSOR forthwith of any loss, theft or damage to the Aircraft for which the cost of repairs is estimated to exceed Seven Four Hundred Fifty Thousand U.S. Dollars (US$750,000US$ 400,000), together with LESSEE's proposal for carrying out the repair. In the event that LESSOR does not agree with LESSEE's proposals for repair, LESSOR will so notify LESSEE within two (2) Business Days after its receipt of such proposal. LESSEE and LESSOR will then consult with Manufacturer and LESSEE and LESSOR agree to accept as conclusive, and be bound by, Manufacturer's directions or recommendations as to the manner in which to carry out such repairs. If Manufacturer declines to give directions or recommendations, LESSEE will carry out the repairs in accordance with the FAA approved directions of LESSORLESSOR at an FAA approved repair facility. 18.6.3 19.6.3 To the extent that insurance proceeds received by LESSEE directly from its insurers under the hull policy do not cover the cost of such repair work on the Aircraft or Engine and LESSOR has received additional insurance proceeds from LESSEE's insurers with respect to any loss or damagesuch repair work, LESSOR will (subject to LESSOR's right to deduct therefrom any amounts then due and payable by LESSEE under this Lease and submission by LESSEE of reasonable documentation confirming the completion in support of the repairs in accordance with the requirements of this Leasesuch excess repair costs) pay to LESSEE insurance proceeds received by LESSOR as and when such repair work is performed on the Aircraft.

Appears in 1 contract

Samples: Aircraft Lease Agreement (Western Pacific Airlines Inc /De/)

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Other Loss or Damage. 18.6.1 17.7.1 If the Aircraft or any Part thereof suffers loss or damage not constituting a Total Loss of the Aircraft or the Airframe or any EngineEngine or the APU, all the obligations of LESSEE Lessee under this Lease (including payment of Rent) will continue in full force. 18.6.2 17.7.2 In the event of any loss or damage to the Aircraft or Airframe which does not constitute a Total Loss of the Aircraft or the Airframe, or any loss or damage to an Engine or the APU which does not constitute a Total Loss of such EngineEngine or the APU, LESSEE Lessee will at its sole cost and expense fully repair the Aircraft Aircraft, Engine or Engine APU in order that the Aircraft Aircraft, Engine or Engine APU is placed in an airworthy condition and substantially the same condition as it was prior to such loss or damage. All repairs will be performed in accordance with sound airline procedures. LESSEE Lessee will notify LESSOR Lessor forthwith of any loss, theft or damage to the Aircraft for which the cost of repairs is estimated to exceed Seven Hundred Fifty Thousand U.S. Dollars (US$750,000)*****, together with LESSEE's Lessee’s proposal for carrying out the repair. In the event that LESSOR Lessor does not agree with LESSEE's Lessee’s proposals for repair, LESSOR Lessor will so notify LESSEE Lessee within two (2) Business Days after its receipt of such proposal. LESSEE Lessee and LESSOR Lessor will then consult with Manufacturer and LESSEE Lessee and LESSOR Lessor agree to accept as conclusive, and be bound by, Manufacturer's ’s directions or recommendations as to the manner in which to carry out such repairs. If Manufacturer declines to give directions or recommendations, LESSEE Lessee will carry out the repairs in accordance with the directions of LESSORLessor. 18.6.3 17.7.3 To the extent that LESSOR any insurance proceeds received by Lessee from its insurers do not cover the cost of repair work on the Aircraft in accordance with this Article 17.7 and Lessor or Lessor’s Lender has received additional insurance proceeds from LESSEE's Lessee’s insurers with respect to any loss or damagesuch repair work, LESSOR Lessor will (subject to LESSOR's Lessor’s right to deduct therefrom any amounts then due and payable by LESSEE Lessee under this Lease on account of an Event of Default and submission by LESSEE Lessee of reasonable documentation confirming the completion in support of the repairs in accordance with the requirements of this Leasesuch excess repair costs) pay to LESSEE procure that such insurance proceeds received by LESSOR Lessor or Lessor’s Lender are paid to Lessee as and when such repair work is performed on the Aircraft.

Appears in 1 contract

Samples: Aircraft Lease Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.)

Other Loss or Damage. 18.6.1 19.7.1 If the Aircraft or any Part thereof suffers loss or damage not constituting a Total Loss of the Aircraft or the Airframe or any EngineEngine or the APU, all the obligations of LESSEE under this Lease (including payment of Rent) will continue in full force. 18.6.2 19.7.2 In the event of any loss or damage to the Aircraft or Airframe which does not constitute a Total Loss of the Aircraft or the Airframe, or any loss or damage to an Engine or the APU which does not constitute a Total Loss of such EngineEngine or the APU, LESSEE will at its sole cost and expense fully and with reasonable promptness repair the Aircraft Aircraft, Engine or Engine APU in order that the Aircraft Aircraft, Engine or Engine APU is placed in an airworthy condition and substantially the same condition as it was prior to such loss or damage. All repairs will be performed in accordance with sound airline proceduresa manner which preserves and maintains all warranties and service life policies to the same extent as they existed prior to such loss or damage. LESSEE will notify LESSOR forthwith of any loss, loss theft or damage to the Aircraft for which the cost of repairs is estimated to exceed Seven Hundred Fifty Thousand U.S. Dollars (US$750,000), ***** together with LESSEE's ’s proposal and timetable for carrying out the repair. In the event that LESSOR does not agree with LESSEE's proposals ’s proposal for repair, LESSOR will so notify LESSEE within two (2) Business Days after its receipt of such proposal. LESSEE and LESSOR will then consult with Manufacturer and LESSEE and LESSOR agree to accept as conclusive, and be bound by, Manufacturer's ’s directions or recommendations as to the manner in which to carry out such repairs. If Manufacturer declines to give directions or recommendations, LESSEE will carry out the repairs in accordance with the directions of LESSOR. 18.6.3 To . If the extent that LESSOR has received insurance proceeds from LESSEE's insurers with respect to any Aircraft is airworthy or the Engine or APU serviceable notwithstanding the loss or damage, LESSOR LESSEE will (subject to LESSOR's right to deduct therefrom any amounts then due and payable by LESSEE under this Lease and submission by LESSEE of reasonable documentation confirming repair such Aircraft, Engine or APU, as the completion of case may be, within the repairs in accordance with the requirements of this Lease) pay to LESSEE insurance proceeds received time frame reasonably established by LESSOR as and when such repair work is performed on given the Aircraftcircumstances.

Appears in 1 contract

Samples: Aircraft Lease Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.)

Other Loss or Damage. 18.6.1 19.7.1 If the Aircraft or any Part thereof suffers loss or damage not constituting a Total Loss of the Aircraft or the Airframe or any EngineEngine or the APU, all the obligations of LESSEE under this Lease (including payment of Rent) will continue in full force. 18.6.2 19.7.2 In the event of any loss or damage to the Aircraft or Airframe which does not constitute a Total Loss of the Aircraft or the Airframe, or any loss or damage to an Engine or the APU which does not constitute a Total Loss of such EngineEngine or the APU, LESSEE will at its sole cost and expense fully repair the Aircraft Aircraft, Engine or Engine APU in order that the Aircraft Aircraft, Engine or Engine APU is placed in an airworthy condition and substantially the same condition as it was prior to such loss or damage. All repairs will be performed in accordance with sound airline proceduresa manner which preserves and maintains all warranties and service life policies to the same extent as they existed prior to such loss or damage. LESSEE will notify LESSOR forthwith promptly of any loss, theft or damage to the Aircraft for which the cost of repairs is estimated to exceed Seven Hundred Fifty Thousand U.S. Dollars (US$750,000)**Material Redacted**, together with LESSEE's proposal for carrying out the repair. In the event that LESSOR does not agree with LESSEE's proposals for repair, LESSOR will so notify LESSEE within two (2) Business Days after its receipt of such proposal. LESSEE and LESSOR will then consult with Manufacturer and LESSEE and LESSOR agree to accept as conclusive, and be bound by, Manufacturer's directions or recommendations recommendations, as to the manner in which to carry out such repairs. If Manufacturer declines to give directions or recommendations, LESSEE will carry out the repairs in accordance with the reasonable directions of LESSOR. 18.6.3 To the extent that LESSOR has received insurance proceeds from LESSEE's insurers with respect to any loss or damage, LESSOR will (subject to LESSOR's right to deduct therefrom any amounts then due and payable by LESSEE under this Lease and submission by LESSEE of reasonable documentation confirming the completion of the repairs in accordance with the requirements of this Lease) pay to LESSEE insurance proceeds received by LESSOR as and when such repair work is performed on the Aircraft.

Appears in 1 contract

Samples: Aircraft Lease Agreement (Copa Holdings, S.A.)

Other Loss or Damage. 18.6.1 17.7.1 If the Aircraft or any Part thereof suffers loss or damage not constituting a Total Loss of the Aircraft or the Airframe or any EngineEngine or the APU, all the obligations of LESSEE Lessee under this Lease (including payment of Rent) will continue in full force. 18.6.2 17.7.2 In the event of any loss or damage to the Aircraft or Airframe which does not constitute a Total Loss of the Aircraft or the Airframe, or any loss or damage to an Engine or the APU which does not constitute a Total Loss of such EngineEngine or the APU, LESSEE Lessee will at its sole cost and expense fully repair the Aircraft Aircraft, Engine or Engine APU in order that the Aircraft Aircraft, Engine or Engine APU is placed in an airworthy condition and substantially the same condition as it was prior to such loss or damage. All repairs will be performed in accordance with sound airline procedures. LESSEE Lessee will notify LESSOR Lessor forthwith of any loss, theft or damage to the Aircraft for which the cost of repairs is estimated to exceed Seven Hundred Fifty Thousand U.S. Dollars (US$750,000)*****, together with LESSEE's Lessee’s proposal for carrying out the repair. In the event that LESSOR does not agree with LESSEE's proposals for repair, LESSOR Lessor will so notify LESSEE Lessee within two (2) Business Days after its receipt of such proposal. LESSEE Lessee and LESSOR Lessor will then consult with Manufacturer and LESSEE Lessee and LESSOR Lessor agree to accept as conclusive, and be bound by, Manufacturer's ’s directions or recommendations as to the manner in which to carry out such repairs. If Manufacturer declines to give directions or recommendations, LESSEE Lessee will carry out the repairs in accordance with the directions of LESSORLessor. 18.6.3 17.7.3 To the extent that LESSOR any insurance proceeds received by Lessee from its insurers do not cover the cost of repair work on the Aircraft in accordance with this Article 17.7 and Lessor or Lessor’s Lender has received additional insurance proceeds from LESSEE's Lessee’s insurers with respect to any loss or damagesuch repair work, LESSOR Lessor will (subject to LESSOR's Lessor’s right to deduct therefrom any amounts then due and payable by LESSEE Lessee under this Lease on account of an Event of Default and submission by LESSEE Lessee of reasonable documentation confirming the completion in support of the repairs in accordance with the requirements of this Leasesuch excess repair costs) pay to LESSEE procure that such insurance proceeds received by LESSOR Lessor or Lessor’s Lender are paid to Lessee as and when such repair work is performed on the Aircraft.

Appears in 1 contract

Samples: Aircraft Lease Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.)

Other Loss or Damage. 18.6.1 20.6.1 If the Aircraft or any Part thereof suffers loss or damage not constituting a Total Loss of the Aircraft or the Airframe or any Engine, all the obligations of LESSEE under this Lease (including payment of Rent) will continue in full force. 18.6.2 20.6.2 In the event of any loss or damage to the Aircraft or Airframe which does not constitute a Total Loss of the Aircraft or the Airframe, or any loss or damage to an Engine which does not constitute a Total Loss of such Engine, LESSEE will at its sole cost and expense fully repair the Aircraft Aircraft, Engine or Engine APU in order that the Aircraft or Engine is placed in an airworthy condition and substantially the same condition as it was prior to such loss or damage. All repairs will be performed in accordance with sound airline proceduresa manner which preserves and maintains, to the extent possible, all warranties and service life policies to the same extent as they existed prior to such loss or damage. LESSEE will notify LESSOR forthwith of any loss, theft or damage to the Aircraft for which the cost of repairs is estimated to exceed Seven Hundred Fifty Thousand U.S. Dollars (US$750,000)[SEE PARAGRAPH 15 OF EXHIBIT C.], together with LESSEE's proposal for carrying out the repair. In the event that LESSOR does not agree with LESSEE's proposals for repair, LESSOR will so notify LESSEE within two (2) Business Days after its receipt of such proposal. Upon receipt of such notice from LESSOR, LESSEE and LESSOR will then consult with Manufacturer and LESSEE and LESSOR agree to accept as conclusive, and be bound by, Manufacturer's directions or recommendations as to the manner in which to carry out such repairs. If Manufacturer declines to give directions or recommendations, LESSEE will carry out the repairs in accordance with the directions of LESSOR. 18.6.3 20.6.3 To the extent that insurance proceeds received by LESSEE directly from its insurers do not cover the cost of such repair work on the Aircraft or Engine and LESSOR has received additional insurance proceeds from LESSEE's insurers with respect to any loss or damagesuch repair work, LESSOR will (subject to LESSOR's right to deduct therefrom any amounts then due and payable by LESSEE under this Lease and submission by LESSEE of reasonable documentation confirming the completion in support of the repairs in accordance with the requirements of this Leasesuch excess repair costs) pay to LESSEE insurance proceeds received by LESSOR as and when such repair work is performed on the Aircraft.

Appears in 1 contract

Samples: Aircraft Lease Agreement (Frontier Airlines Inc /Co/)

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