Common use of Public Liability and Property Damage Insurance Clause in Contracts

Public Liability and Property Damage Insurance. (I) Except as provided in clause (II) of this Section 11(a), Lessee will carry or cause to be carried at its or any Sublessee's expense (i) aircraft public liability (including, without limitation, passenger legal liability) (and including aircraft war risk and hijacking insurance, if and to the extent the same is maintained by Lessee (or, if a Sublease is then in effect, if and to the extent maintained by Sublessee) with respect to other aircraft owned or leased, and operated by Lessee (or such Sublessee) on the same routes) insurance and property damage insurance (exclusive of manufacturer's product liability insurance) with respect to the Aircraft, in an amount not less than the greater of (x) the amount of public liability and property damage insurance from time to time applicable to aircraft owned or operated by Lessee (or, if a Sublease is then in effect, by Sublessee) of the same type as the Aircraft and (y) such amount per occurrence as may have been agreed to on the Delivery Date by the Owner Participant and (ii) cargo liability insurance, in the case of both clause (i) and clause (ii), (A) of the type and covering the same risks as from time to time applicable to aircraft operated by Lessee (or, if a Sublease is then in effect, by Sublessee) of the same type as the Aircraft and (B) which is maintained in effect with insurers of recognized responsibility. Any policies of insurance carried in accordance with this paragraph (a) and any policies taken out in substitution or replacement for any of such policies (A) shall be amended to name Lessor, in its individual capacity and as owner trustee, the Indenture Trustee and the Owner Participant (but without imposing on any such parties liability to pay the premiums for such insurance) (and, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) as additional insureds as their respective interests may appear, (B) shall provide that in respect of the respective interests of Lessor, the Indenture Trustee and the Owner Participant (and, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) in such policies the insurance shall not be invalidated by any action or inaction of Lessee (or, if any Sublease is then in effect, any Sublessee) or any other Person and shall insure Lessor, the Indenture Trustee and the Owner Participant (and, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) regardless of any breach or violation of any warranty, declaration or condition contained in such policies by Lessee (or, if any Sublease is then in effect, any Sublessee), (C) may provide for self-insurance to the extent permitted by Section 11(d) and (D) shall provide that if the insurers cancel such insurance for any reason whatever or if any material change is made in such insurance which adversely affects the interest of Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease), or such insurance shall lapse for non-payment of premium, such cancellation, lapse or change shall not be effective as to Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) for thirty (30) days (seven (7) days in the case of war risk and allied perils coverage) after issuance to Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease), respectively, of written notice by such insurers of such cancellation, lapse or change; provided, however, that if any notice period specified above is not reasonably obtainable, such policies shall provide for as long a period of prior notice as shall then be reasonably obtainable. Each liability policy (1) shall be primary without right of contribution from any other insurance which is carried by Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease), (2) shall expressly provide that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insured, and (3) shall waive any right of the insurers to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of Lessor or the Indenture Trustee or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) to the extent of any moneys due to Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease).

Public Liability and Property Damage Insurance. (I) Except as provided in clause (II) of this Section 11(a), Lessee will carry or cause to be carried at its or any Sublessee's expense (i) aircraft public liability (including, without limitation, passenger legal liability) (and including aircraft war risk and hijacking insurance, if and to the extent the same is maintained by Lessee (or, if a Sublease is then in effect, if and to the extent maintained by Sublessee) with respect to other aircraft owned or leased, and operated by Lessee (or such Sublessee) on the same routes) insurance and property damage insurance (exclusive of manufacturer's product liability insurance) with respect to the Aircraft, in an amount not less than the greater of (x) the amount of public liability and property damage insurance from time to time applicable to aircraft owned or operated by Lessee (or, if a Sublease is then in effect, by Sublessee) of the same type as the Aircraft and (y) such amount per occurrence as may have been agreed to on the Delivery Date by the Owner Participant [amount shall be at least $250,000,000 for A319's and at least $300,000,000 for 757's] and (ii) cargo liability insurance, in the case of both clause (i) and clause (ii), (A) of the type and covering the same risks as from time to time applicable to aircraft operated by Lessee (or, if a Sublease is then in effect, by Sublessee) of the same type as the Aircraft and (B) which is maintained in effect with insurers of recognized responsibility. Any policies of insurance carried in accordance with this paragraph (a) and any policies taken out in substitution or replacement for any of such policies (A) shall be amended to name Lessor, in its individual capacity and as owner trustee, the Indenture Trustee Trustee, the Policy Provider and the Owner Participant (but without imposing on any such parties liability to pay the premiums for such insurance) (and, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) as additional insureds as their respective interests may appear, (B) shall provide that in respect of the respective interests of Lessor, the Indenture Trustee Trustee, the Policy Provider and the Owner Participant (and, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) in such policies the insurance shall not be invalidated by any action or inaction of Lessee (or, if any Sublease is then in effect, any Sublessee) or any other Person and shall insure Lessor, the Indenture Trustee Trustee, the Policy Provider and the Owner Participant (and, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) regardless of any breach or violation of any warranty, declaration or condition contained in such policies by Lessee (or, if any Sublease is then in effect, any Sublessee), (C) may provide for self-insurance to the extent permitted by Section 11(d) and (D) shall provide that if the insurers cancel such insurance for any reason whatever or if any material change is made in such insurance which adversely affects the interest of Lessor, the Indenture Trustee Trustee, the Policy Provider or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease), or such insurance shall lapse for non-payment of premium, such cancellation, lapse or change shall not be effective as to Lessor, the Indenture Trustee Trustee, the Policy Provider or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) for thirty (30) days (seven (7) days in the case of war risk and allied perils coverage) after issuance to Lessor, the Indenture Trustee Trustee, the Policy Provider or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease), respectively, of written notice by such insurers of such cancellation, lapse or change; provided, however, that if any notice period specified above is not reasonably obtainable, such policies shall provide for as long a period of prior notice as shall then be reasonably obtainable. Each liability policy (1) shall be primary without right of contribution from any other insurance which is carried by Lessor, the Indenture Trustee Trustee, the Policy Provider or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease), (2) shall expressly provide that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insured, and (3) shall waive any right of the insurers to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of Lessor or the Indenture Trustee Trustee, the Policy Provider or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) to the extent of any moneys due to Lessor, the Indenture Trustee Trustee, the Policy Provider or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease).

Public Liability and Property Damage Insurance. (I) Except as provided in clause (II) of this Section 11(a7.04(a), Lessee the Owner will carry or cause to be carried at its or any SublesseeLessee's expense (i) aircraft public liability (including, without limitation, passenger legal liability) (and including aircraft war risk and hijacking insurance, if and to the extent the same is maintained by Lessee the Owner (or, if a Sublease Lease is then in effect, if and to the extent maintained by SublesseeLessee) with respect to other aircraft owned or leased, and operated by Lessee the Owner (or such SublesseeLessee) on the same routes) insurance and property damage insurance (exclusive of manufacturer's product liability insurance) with respect to the Aircraft, in an amount not less than the greater of (x) the amount of public liability and property damage insurance from time to time applicable to aircraft owned or operated by Lessee the Owner (or, if a Sublease Lease is then in effect, by SublesseeLessee) of the same type as the Aircraft and (y) such amount $[250,000,000 for A319's and $300,000,000 for 757's] per occurrence as may have been agreed to on the Delivery Date by the Owner Participant and (ii) cargo liability insurance, in the case of both clause (i) and clause (ii), (A) of the type and covering the same risks as from time to time applicable to aircraft operated by Lessee the Owner (or, if a Sublease Lease is then in effect, by SublesseeLessee) of the same type as the Aircraft and (B) which is maintained in effect with insurers of recognized responsibility. Any policies of insurance carried in accordance with this paragraph (a) and any policies taken out in substitution or replacement for any of such policies (A) shall be amended to name Lessor, in its individual capacity and as owner trustee, the Indenture Trustee and the Owner Participant Policy Provider (but without imposing on any such parties liability to pay the premiums for such insurance) (and, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease) as additional insureds as their respective interests may appear, (B) shall provide that in respect of the respective interests interest of Lessor, the Indenture Trustee and the Owner Participant Policy Provider (and, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease) in such policies the insurance shall not be invalidated by any action or inaction of Lessee the Owner (or, if any Sublease Lease is then in effect, any SublesseeLessee) or any other Person and shall insure Lessor, the Indenture Trustee and the Owner Participant Policy Provider (and, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease) regardless of any breach or violation of any warranty, declaration or condition contained in such policies by Lessee the Owner (or, if any Sublease Lease is then in effect, any SublesseeLessee), (C) may provide for self-insurance to the extent permitted by Section 11(d7.04(d) and (D) shall provide that if the insurers cancel such insurance for any reason whatever or if any material change is made in such insurance which adversely affects the interest of Lessor, the Indenture Trustee or the Owner Participant Policy Provider (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease), or such insurance shall lapse for non-payment of premium, such cancellation, lapse or change shall not be effective as to Lessor, the Indenture Trustee or the Owner Participant Policy Provider (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease) for thirty (30) days (seven (7) days in the case of war risk and allied perils coverage) after issuance to Lessor, the Indenture Trustee or the Owner Participant Policy Provider (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease), respectively, of written notice by such insurers of such cancellation, lapse or change; provided, however, that if any notice period specified above is not reasonably obtainable, such policies shall provide for as long a period of prior notice as shall then be reasonably obtainable. Each liability policy (1) shall be primary without right of contribution from any other insurance which is carried by Lessor, the Indenture Trustee or the Owner Participant Policy Provider (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease), (2) shall expressly provide that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insured, and (3) shall waive any right of the insurers to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of Lessor or the Indenture Trustee or the Owner Participant Policy Provider (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease) to the extent of any moneys due to Lessor, the Indenture Trustee or the Owner Participant Policy Provider (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease).

Public Liability and Property Damage Insurance. (I) Except as provided in clause (II) of this Section 11(a7.04(a), Lessee the Owner will carry or cause to be carried at its or any SublesseeLessee's expense (i) aircraft public liability (including, without limitation, passenger legal liability) (and including aircraft war risk and hijacking insurance, if and to the extent the same is maintained by Lessee the Owner (or, if a Sublease Lease is then in effect, if and to the extent maintained by SublesseeLessee) with respect to other aircraft owned or leased, and operated by Lessee the Owner (or such SublesseeLessee) on the same routes) insurance and property damage insurance (exclusive of manufacturer's product liability insurance) with respect to the Aircraft, in an amount not less than the greater of (x) the amount of public liability and property damage insurance from time to time applicable to aircraft owned or operated by Lessee the Owner (or, if a Sublease Lease is then in effect, by SublesseeLessee) of the same type as the Aircraft and (y) such amount $[250,000,000 for A319's and $300,000,000 for A320's] per occurrence as may have been agreed to on the Delivery Date by the Owner Participant and (ii) cargo liability insurance, in the case of both clause (i) and clause (ii), (A) of the type and covering the same risks as from time to time applicable to aircraft operated by Lessee the Owner (or, if a Sublease Lease is then in effect, by SublesseeLessee) of the same type as the Aircraft and (B) which is maintained in effect with insurers of recognized responsibility. Any policies of insurance carried in accordance with this paragraph (a) and any policies taken out in substitution or replacement for any of such policies (A) shall be amended to name Lessor, in its individual capacity and as owner trustee, the Indenture Trustee and the Owner Participant (but without imposing on any such parties party liability to pay the premiums for such insurance) (and, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease) as an additional insureds insured as their respective interests its interest may appear, (B) shall provide that in respect of the respective interests interest of Lessor, the Indenture Trustee and the Owner Participant (and, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease) in such policies the insurance shall not be invalidated by any action or inaction of Lessee the Owner (or, if any Sublease Lease is then in effect, any SublesseeLessee) or any other Person and shall insure Lessor, the Indenture Trustee and the Owner Participant (and, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease) regardless of any breach or violation of any warranty, declaration or condition contained in such policies by Lessee the Owner (or, if any Sublease Lease is then in effect, any SublesseeLessee), (C) may provide for self-insurance to the extent permitted by Section 11(d7.04(d) and (D) shall provide that if the insurers cancel such insurance for any reason whatever or if any material change is made in such insurance which adversely affects the interest of Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease), or such insurance shall lapse for non-payment of premium, such cancellation, lapse or change shall not be effective as to Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease) for thirty (30) days (seven (7) days in the case of war risk and allied perils coverage) after issuance to Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the Sublease), respectively, Lease) of written notice by such insurers of such cancellation, lapse or change; provided, however, that if any notice period specified above is not reasonably obtainable, such policies shall provide for as long a period of prior notice as shall then be reasonably obtainable. Each liability policy (1) shall be primary without right of contribution from any other insurance which is carried by Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease), (2) shall expressly provide that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insured, and (3) shall waive any right of the insurers to any set-off or counterclaim -42- or any other deduction, whether by attachment or otherwise, in respect of any liability of Lessor or the Indenture Trustee or the Owner Participant (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease) to the extent of any moneys due to Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease).

Public Liability and Property Damage Insurance. (I) Except as provided in clause (II) of this Section 11(a), Lessee will carry or cause to be carried at its or any Sublessee's expense (i) aircraft public liability (including, without limitation, passenger legal liability) (and including aircraft war risk and hijacking insurance, if and to the extent the same is maintained by Lessee (or, if a Sublease is then in effect, if and to the extent maintained by Sublessee) with respect to other aircraft owned or leased, and operated by Lessee (or such Sublessee) on the same routes) insurance and property damage insurance (exclusive of manufacturer's product liability insurance) with respect to the Aircraft, in an amount not less than the greater of (x) the amount of public liability and property damage insurance from time to time applicable to aircraft owned or operated by Lessee (or, if a Sublease is then in effect, by Sublessee) of the same type as the Aircraft and (y) such amount per occurrence as may have been agreed to on the Delivery Date by the Owner Participant [amount shall be at least $150,000,000] and (ii) cargo liability insurance, in the case of both clause (i) and clause (ii), (A) of the type and covering the same risks as from time to time applicable to aircraft operated by Lessee (or, if a Sublease is then in effect, by Sublessee) of the same type as the Aircraft and (B) which is maintained in effect with insurers of recognized responsibility. Any policies of insurance carried in accordance with this paragraph (a) and any policies taken out in substitution or replacement for any of such policies (A) shall be amended to name Lessor, in its individual capacity and as owner trustee, the Indenture Trustee Trustee, the Policy Provider and the Owner Participant (but without imposing on any such parties liability to pay the premiums for such insurance) (and, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) as additional insureds as their respective interests may appear, (B) shall provide that in respect of the respective interests of Lessor, the Indenture Trustee Trustee, the Policy Provider and the Owner Participant (and, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) in such policies the insurance shall not be invalidated by any action or inaction of Lessee (or, if any Sublease is then in effect, any Sublessee) or any other Person and shall insure Lessor, the Indenture Trustee Trustee, the Policy Provider and the Owner Participant (and, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) regardless of any breach or violation of any warranty, declaration or condition contained in such policies by Lessee (or, if any Sublease is then in effect, any Sublessee), (C) may provide for self-insurance to the extent permitted by Section 11(d) and (D) shall provide that if the insurers cancel such insurance for any reason whatever or if any material change is made in such insurance which adversely affects the interest of Lessor, the Indenture Trustee Trustee, the Policy Provider or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease), or such insurance shall lapse for non-payment of premium, such cancellation, lapse or change shall not be effective as to Lessor, the Indenture Trustee Trustee, the Policy Provider or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) for thirty (30) days (seven (7) days in the case of war risk and allied perils coverage) after issuance to Lessor, the Indenture Trustee Trustee, the Policy Provider or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease), respectively, of written notice by such insurers of such cancellation, lapse or change; provided, however, that if any notice period specified above is not reasonably obtainable, such policies shall provide for as long a period of prior notice as shall then be reasonably obtainable. Each liability policy (1) shall be primary without right of contribution from any other insurance which is carried by Lessor, the Indenture Trustee Trustee, the Policy Provider or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease), (2) shall expressly provide that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insured, and (3) shall waive any right of the insurers to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of Lessor or the Indenture Trustee Trustee, the Policy Provider or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) to the extent of any moneys due to Lessor, the Indenture Trustee Trustee, the Policy Provider or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease).

Public Liability and Property Damage Insurance. (I) Except as provided in clause (II) of this Section 11(a), Lessee will carry or cause to be carried at its or any Sublessee's expense (i) aircraft public liability (including, without limitation, passenger legal liability) (and including aircraft war risk and hijacking insurance, if and to the extent the same is maintained by Lessee (or, if a Sublease is then in effect, if and to the extent maintained by Sublessee) with respect to other aircraft owned or leased, and operated by Lessee (or such Sublessee) on the same routes) insurance and property damage insurance (exclusive of manufacturer's product liability insurance) with respect to the Aircraft, in an amount not less than the greater of (x) the amount of public liability and property damage insurance from time to time applicable to aircraft owned or operated by Lessee (or, if a Sublease is then in effect, by Sublessee) of the same type as the Aircraft and (y) such amount per occurrence as may have been agreed to on the Delivery Date by the Owner Participant [amount shall be at least $400,000,000] and (ii) cargo liability insurance, in the case of both clause (i) and clause (ii), (A) of the type and covering the same risks as from time to time applicable to aircraft operated by Lessee (or, if a Sublease is then in effect, by Sublessee) of the same type as the Aircraft and (B) which is maintained in effect with insurers of recognized responsibility. Any policies of insurance carried in accordance with this paragraph (a) and any policies taken out in substitution or replacement for any of such policies (A) shall be amended to name Lessor, in its individual capacity and as owner trustee, the Indenture Trustee and the Owner Participant (but without imposing on any such parties liability to pay the premiums for such insurance) (and, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) as additional insureds as their respective interests may appear, (B) shall provide that in respect of the respective interests of Lessor, the Indenture Trustee and the Owner Participant (and, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) in such policies the insurance shall not be invalidated by any action or inaction of Lessee (or, if any Sublease is then in effect, any Sublessee) or any other Person and shall insure Lessor, the Indenture Trustee and the Owner Participant (and, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) regardless of any breach or violation of any warranty, declaration or condition contained in such policies by Lessee (or, if any Sublease is then in effect, any Sublessee), (C) may provide for self-insurance to the extent permitted by Section 11(d) and (D) shall provide that if the insurers cancel such insurance for any reason whatever or if any material change is made in such insurance which adversely affects the interest of Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease), or such insurance shall lapse for non-payment of premium, such cancellation, lapse or change shall not be effective as to Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) for thirty (30) days (seven (7) days in the case of war risk and allied perils coverage) after issuance to Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease), respectively, of written notice by such insurers of such cancellation, lapse or change; provided, however, that if any notice period specified above is not reasonably obtainable, such policies shall provide for as long a period of prior notice as shall then be reasonably obtainable. Each liability policy (1) shall be primary without right of contribution from any other insurance which is carried by Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease), (2) shall expressly provide that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insured, and (3) shall waive any right of the insurers to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of Lessor or the Indenture Trustee or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) to the extent of any moneys due to Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease).

Public Liability and Property Damage Insurance. (I) Except as provided in clause (II) of this Section 11(a3.6(a), Lessee the Company will carry or cause to be carried at its or any Sublessee's Lessee’s expense (i) aircraft public liability (including, without limitation, passenger legal liability) (and including aircraft war risk and hijacking insurance, if and to the extent the same is maintained by Lessee the Company (or, if a Sublease is then in effect, if and to the extent maintained by Sublesseeor any Lessee) with respect to other aircraft owned or leased, and operated by Lessee the Company (or such SublesseeLessee) on the same routes) insurance and property damage insurance (exclusive of manufacturer's ’s product liability insurance) with respect to each of the Aircraft, in an amount not less than the greater of (x) with respect to each Aircraft of any type, the amount of public liability and property damage insurance from time to time applicable to aircraft owned or operated by Lessee (or, if a Sublease is then in effect, by Sublessee) the Company of the same type as the Aircraft and (y) the amount of public liability and property damage maintained by the Company for such amount per occurrence as may have been agreed to Aircraft on the Delivery Effective Date by the Owner Participant and (ii) cargo liability insurance, in the case of both clause (i) and clause (ii), (A) with respect to Aircraft of any type, of the type and covering the same risks as from time to time applicable to aircraft operated by Lessee (or, if a Sublease is then in effect, by Sublessee) the Company of the same type as the Aircraft and (B) which is maintained in effect with insurers of recognized responsibility. Any policies of insurance carried in accordance with this paragraph (a) and any policies taken out in substitution or replacement for any of such policies (A) shall be amended to name Lessor, in its individual capacity and as owner trustee, the Indenture Trustee and the Owner Participant Secured Creditors (but without imposing on any such parties party liability to pay the premiums for such insurance) (and, if any Sublease Lease shall be in effect, Lessee the Company in its capacity as sublessor lessor under the SubleaseLease) as additional insureds as their respective interests interest may appear, (B) shall provide that in respect of the respective interests interest of Lessor, the Indenture Trustee and the Owner Participant Secured Creditors (and, if any Sublease Lease shall be in effect, Lessee the Company in its capacity as sublessor lessor under the SubleaseLease) in such policies the insurance shall not be invalidated by any action or inaction of Lessee the Company (or, if any Sublease Lease is then in effect, any SublesseeLessee) or any other Person and shall insure Lessor, the Indenture Trustee and the Owner Participant Secured Creditors (and, if any Sublease Lease shall be in effect, Lessee the Company in its capacity as sublessor lessor under the SubleaseLease) regardless of any breach or violation of any warranty, declaration or condition contained in such policies by Lessee the Company (or, if any Sublease Lease is then in effect, any SublesseeLessee), (C) may provide for self-insurance to the extent permitted by Section 11(d3.6(d) and (D) shall provide that if the insurers cancel such insurance for any reason whatever or if any material change is made in such insurance which adversely affects the interest of Lessor, the Indenture Trustee or the Owner Participant Secured Creditors (or, if any Sublease Lease shall be in effect, Lessee the Company in its capacity as sublessor lessor under the SubleaseLease), or such insurance shall lapse for non-payment of premium, such cancellation, lapse or change shall not be effective as to Lessor, the Indenture Trustee or the Owner Participant Secured Creditors (or, if any Sublease Lease shall be in effect, Lessee the Company in its capacity as sublessor lessor under the SubleaseLease) for thirty (30) days (seven (7) days in the case of war risk and allied perils coverage) after issuance to Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease), respectively, Collateral Agent of written notice by such insurers of such cancellation, lapse or change; provided, however, that if any notice period specified above is not reasonably obtainable, such policies shall provide for as long a period of prior notice as shall then be reasonably obtainable. Each liability policy (1) shall be primary without right of contribution from any other insurance which is carried by Lessor, the Indenture Trustee or the Owner Participant Secured Creditors (or, if any Sublease Lease shall be in effect, Lessee the Company in its capacity as sublessor lessor under the SubleaseLease), (2) shall expressly provide that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insured, and (3) shall waive any right of the insurers to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of Lessor or the Indenture Trustee or the Owner Participant Secured Creditors (or, if any Sublease Lease shall be in effect, Lessee the Company in its capacity as sublessor lessor under the SubleaseLease) to the extent of any moneys due to Lessor, the Indenture Trustee or the Owner Participant Secured Creditors (or, if any Sublease Lease shall be in effect, Lessee the Company in its capacity as sublessor lessor under the SubleaseLease).

Public Liability and Property Damage Insurance. (I) Except as provided in clause (II) of this Section 11(a7.04(a), Lessee the Owner will carry or cause to be carried at its or any SublesseeLessee's expense (i) aircraft public liability (including, without limitation, passenger legal liability) (and including aircraft war risk and hijacking insurance, if and to the extent the same is maintained by Lessee the Owner (or, if a Sublease Lease is then in effect, if and to the extent maintained by SublesseeLessee) with respect to other aircraft owned or leased, and operated by Lessee the Owner (or such SublesseeLessee) on the same routes) insurance and property damage insurance (exclusive of manufacturer's product liability insurance) with respect to the Aircraft, in an amount not less than the greater of (x) the amount of public liability and property damage insurance from time to time applicable to aircraft owned or operated by Lessee the Owner (or, if a Sublease Lease is then in effect, by SublesseeLessee) of the same type as the Aircraft and (y) such amount $[$300,000,000 for 757 and $350,000,000 for A330] per occurrence as may have been agreed to on the Delivery Date by the Owner Participant and (ii) cargo liability insurance, in the case of both clause (i) and clause (ii), (A) of the type and covering the same risks as from time to time applicable to aircraft operated by Lessee the Owner (or, if a Sublease Lease is then in effect, by SublesseeLessee) of the same type as the Aircraft and (B) which is maintained in effect with insurers of recognized responsibility. Any policies of insurance carried in accordance with this paragraph (a) and any policies taken out in substitution or replacement for any of such policies (A) shall be amended to name Lessor, in its individual capacity and as owner trustee, the Indenture Trustee and the Owner Participant Policy Provider (but without imposing on any such parties liability to pay the premiums for such insurance) (and, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease) as additional insureds as their respective interests may appear, (B) shall provide that in respect of the respective interests interest of Lessor, the Indenture Trustee and the Owner Participant Policy Provider (and, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease) in such policies the insurance shall not be invalidated by any action or inaction of Lessee the Owner (or, if any Sublease Lease is then in effect, any SublesseeLessee) or any other Person and shall insure Lessor, the Indenture Trustee and the Owner Participant Policy Provider (and, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease) regardless of any breach or violation of any warranty, declaration or condition contained in such policies by Lessee the Owner (or, if any Sublease Lease is then in effect, any SublesseeLessee), (C) may provide for self-insurance to the extent permitted by Section 11(d7.04(d) and (D) shall provide that if the insurers cancel such insurance for any reason whatever or if any material change is made in such insurance which adversely affects the interest of Lessor, the Indenture Trustee or the Owner Participant Policy Provider (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease), or such insurance shall lapse for non-payment of premium, such cancellation, lapse or change shall not be effective as to Lessor, the Indenture Trustee or the Owner Participant Policy Provider (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease) for thirty (30) days (seven (7) days in the case of war risk and allied perils coverage) after issuance to Lessor, the Indenture Trustee or the Owner Participant Policy Provider (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease), respectively, of written notice by such insurers of such cancellation, lapse or change; provided, however, that if any notice period specified above is not reasonably obtainable, such policies shall provide for as long a period of prior notice as shall then be reasonably obtainable. Each liability policy (1) shall be primary without right of contribution from any other insurance which is carried by Lessor, the Indenture Trustee or the Owner Participant Policy Provider (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease), (2) shall expressly provide that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insured, and (3) shall waive any right of the insurers to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of Lessor or the Indenture Trustee or the Owner Participant Policy Provider (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease) to the extent of any moneys due to Lessor, the Indenture Trustee or the Owner Participant Policy Provider (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease).

Public Liability and Property Damage Insurance. (I) Except as provided in clause (II) of this Section 11(a), Lessee will carry or cause to be carried at its or any Sublessee's expense (i) aircraft public liability (including, without limitation, passenger legal liability) (and including aircraft war risk and hijacking insurance, if and to the extent the same is maintained by Lessee (or, if a Sublease is then in effect, if and to the extent maintained by Sublessee) with respect to other aircraft owned or leased, and operated by Lessee (or such Sublessee) on the same routes) insurance and property damage insurance (exclusive of manufacturer's product liability insurance) with respect to the Aircraft, in an amount not less than the greater of (x) the amount of public liability and property damage insurance from time to time applicable to aircraft owned or operated by Lessee (or, if a Sublease is then in effect, by Sublessee) of the same type as the Aircraft and (y) such amount per occurrence as may have been agreed to on the Delivery Date by the Owner Participant [amount shall be at least $250,000,000 for A319's and at least $300,000,000 for A320's] and (ii) cargo liability insurance, in the case of both clause (i) and clause (ii), (A) of the type and covering the same risks as from time to time applicable to aircraft operated by Lessee (or, if a Sublease is then in effect, by Sublessee) of the same type as the Aircraft and (B) which is maintained in effect with insurers of recognized responsibility. Any policies of insurance carried in accordance with this paragraph (a) and any policies taken out in substitution or replacement for any of such policies (A) shall be amended to name Lessor, in its individual capacity and as owner trustee, the Indenture Trustee and the Owner Participant (but without imposing on any such parties liability to pay the premiums for such insurance) (and, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) as additional insureds as their respective interests may appear, (B) shall provide that in respect of the respective interests of Lessor, the Indenture Trustee and the Owner Participant (and, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) in such policies the insurance shall not be invalidated by any action or inaction of Lessee (or, if any Sublease is then in effect, any Sublessee) or any other Person and shall insure Lessor, the Indenture Trustee and the Owner Participant (and, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) regardless of any breach or violation of any warranty, declaration or condition contained in such policies by Lessee (or, if any Sublease is then in effect, any Sublessee), (C) may provide for self-insurance to the extent permitted by Section 11(d) and (D) shall provide that if the insurers cancel such insurance for any reason whatever or if any material change is made in such insurance which adversely affects the interest of Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease), or such insurance shall lapse for non-payment of premium, such cancellation, lapse or change shall not be effective as to Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) for thirty (30) days (seven (7) days in the case of war risk and allied perils coverage) after issuance to Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease), respectively, of written notice by such insurers of such cancellation, lapse or change; provided, however, that if any notice period specified above is not reasonably obtainable, such policies shall provide for as long a period of prior notice as shall then be reasonably obtainable. Each liability policy (1) shall be primary without right of contribution from any other insurance which is carried by Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease), (2) shall expressly provide that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insured, and (3) shall waive any right of the insurers to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of Lessor or the Indenture Trustee or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) to the extent of any moneys due to Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease).

Public Liability and Property Damage Insurance. (I) Except as provided in clause (II) of this Section 11(a), Lessee will carry or cause to be carried at its or any Sublessee's expense (i) aircraft public liability (including, without limitation, passenger legal liability) (and including aircraft war risk and hijacking insurance, if and to the extent the same is maintained by Lessee (or, if a Sublease is then in effect, if and to the extent maintained by Sublessee) with respect to other aircraft owned or leased, and operated by Lessee (or such Sublessee) on the same routes) insurance and property damage insurance (exclusive of manufacturer's product liability insurance) with respect to the Aircraft, in an amount not less than the greater of (x) the amount of public liability and property damage insurance from time to time applicable to aircraft owned or operated by Lessee (or, if a Sublease is then in effect, by Sublessee) of the same type as the Aircraft and (y) such amount per occurrence as may have been agreed to on the Delivery Date by the Owner Participant and (ii) cargo liability insurance, in the case of both clause (i) and clause (ii), (A) of the type and covering the same risks as from time to time applicable to aircraft operated by Lessee (or, if a Sublease is then in effect, by Sublessee) of the same type as the Aircraft and (B) which is maintained in effect with insurers of recognized responsibility. Any policies of insurance carried in accordance with this paragraph (a) and any policies taken out in substitution or replacement for any of such policies (A) shall be amended to name Lessor, in its individual capacity and as owner trustee, the Indenture Trustee and the Owner Participant (but without imposing on any such parties liability to pay the premiums for such insurance) (and, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) as additional insureds as their respective interests may appear, (B) shall provide that in respect of the respective interests of Lessor, the Indenture Trustee and the Owner Participant (and, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) in such policies the insurance shall not be invalidated by any action or inaction of Lessee (or, if any -41- Sublease is then in effect, any Sublessee) or any other Person and shall insure Lessor, the Indenture Trustee and the Owner Participant (and, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) regardless of any breach or violation of any warranty, declaration or condition contained in such policies by Lessee (or, if any Sublease is then in effect, any Sublessee), (C) may provide for self-insurance to the extent permitted by Section 11(d) and (D) shall provide that if the insurers cancel such insurance for any reason whatever or if any material change is made in such insurance which adversely affects the interest of Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease), or such insurance shall lapse for non-payment of premium, such cancellation, lapse or change shall not be effective as to Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) for thirty (30) days (seven (7) days in the case of war risk and allied perils coverage) after issuance to Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease), respectively, of written notice by such insurers of such cancellation, lapse or change; provided, however, that if any notice period specified above is not reasonably obtainable, such policies shall provide for as long a period of prior notice as shall then be reasonably obtainable. Each liability policy (1) shall be primary without right of contribution from any other insurance which is carried by Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease), (2) shall expressly provide that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insured, and (3) shall waive any right of the insurers to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of Lessor or the Indenture Trustee or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) to the extent of any moneys due to Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease).

Public Liability and Property Damage Insurance. (I) Except as provided in clause (II) of this Section 11(a7.04(a), Lessee the Owner will carry or cause to be carried at its or any SublesseeLessee's expense (i) aircraft public liability (including, without limitation, passenger legal liability) (and including aircraft war risk and hijacking insurance, if and to the extent the same is maintained by Lessee the Owner (or, if a Sublease Lease is then in effect, if and to the extent maintained by SublesseeLessee) with respect to other aircraft owned or leased, and operated by Lessee the Owner (or such SublesseeLessee) on the same routes) insurance and property damage insurance (exclusive of manufacturer's product liability insurance) with respect to the Aircraft, in an amount not less than the greater of (x) the amount of public liability and property damage insurance from time to time applicable to aircraft owned or operated by Lessee the Owner (or, if a Sublease Lease is then in effect, by SublesseeLessee) of the same type as the Aircraft and (y) such amount $[250,000,000 for A319's, $300,000,000 for 757's and $350,000,000 for A330's] per occurrence as may have been agreed to on the Delivery Date by the Owner Participant and (ii) cargo liability insurance, in the case of both clause (i) and clause (ii), (A) of the type and covering the same risks as from time to time applicable to aircraft operated by Lessee the Owner (or, if a Sublease Lease is then in effect, by SublesseeLessee) of the same type as the Aircraft and (B) which is maintained in effect with insurers of recognized responsibility. Any policies of insurance carried in accordance with this paragraph (a) and any policies taken out in substitution or replacement for any of such policies (A) shall be amended to name Lessor, in its individual capacity and as owner trustee, the Indenture Trustee and the Owner Participant Policy Provider (but without imposing on any such parties liability to pay the premiums for such insurance) (and, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease) as additional insureds as their respective interests may appear, (B) shall provide that in respect of the respective interests interest of Lessor, the Indenture Trustee and the Owner Participant Policy Provider (and, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease) in such policies the insurance shall not be invalidated by any action or inaction of Lessee the Owner (or, if any Sublease Lease is then in effect, any SublesseeLessee) or any other Person and shall insure Lessor, the Indenture Trustee and the Owner Participant Policy Provider (and, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease) regardless of any breach or violation of any warranty, declaration or condition contained in such policies by Lessee the Owner (or, if any Sublease Lease is then in effect, any SublesseeLessee), (C) may provide for self-insurance to the extent permitted by Section 11(d7.04(d) and (D) shall provide that if the insurers cancel such insurance for any reason whatever or if any material change is made in such insurance which adversely affects the interest of Lessor, the Indenture Trustee or the Owner Participant Policy Provider (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease), or such insurance shall lapse for non-payment of premium, such cancellation, lapse or change shall not be effective as to Lessor, the Indenture Trustee or the Owner Participant Policy Provider (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease) for thirty (30) days (seven (7) days in the case of war risk and allied perils coverage) after issuance to Lessor, the Indenture Trustee or the Owner Participant Policy Provider (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease), respectively, of written notice by such insurers of such cancellation, lapse or change; provided, however, that if any notice period specified above is not reasonably obtainable, such policies shall provide for as long a period of prior notice as shall then be reasonably obtainable. Each liability policy (1) shall be primary without right of contribution from any other insurance which is carried by Lessor, the Indenture Trustee or the Owner Participant Policy Provider (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease), (2) shall expressly provide that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insured, and (3) shall waive any right of the insurers to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of Lessor or the Indenture Trustee or the Owner Participant Policy Provider (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease) to the extent of any moneys due to Lessor, the Indenture Trustee or the Owner Participant Policy Provider (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease).

Public Liability and Property Damage Insurance. (I) Except as provided in clause (II) of this Section 11(a), Lessee will carry or cause to be carried at its or any Sublessee's expense (i) aircraft public liability (including, without limitation, passenger legal liability) (and including aircraft war risk and hijacking insurance, if and to the extent the same is maintained by Lessee (or, if a Sublease is then in effect, if and to the extent maintained by Sublessee) with respect to other aircraft owned or leased, and operated by Lessee (or such Sublessee) on the same routes) insurance and property damage insurance (exclusive of manufacturer's product liability insurance) with respect to the Aircraft, in an amount not less than the greater of (x) the amount of public liability and property damage insurance from time to time applicable to aircraft owned or operated by Lessee (or, if a Sublease is then in effect, by Sublessee) of the same type as the Aircraft and (y) such amount per occurrence as may have been agreed to on the Delivery Date by the Owner Participant [amount shall be at least $250,000,000 for A319's, at least $300,000,000 for 757's and at least $400,000 for 747's] and (ii) cargo liability insurance, in the case of both clause (i) and clause (ii), (A) of the type and covering the same risks as from time to time applicable to aircraft operated by Lessee (or, if a Sublease is then in effect, by Sublessee) of the same type as the Aircraft and (B) which is maintained in effect with insurers of recognized responsibility. Any policies of insurance carried in accordance with this paragraph (a) and any policies taken out in substitution or replacement for any of such policies (A) shall be amended to name Lessor, in its individual capacity and as owner trustee, the Indenture Trustee and the Owner Participant (but without imposing on any such parties liability to pay the premiums for such insurance) (and, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) as additional insureds as their respective interests may appear, (B) shall provide that in respect of the respective interests of Lessor, the Indenture Trustee and the Owner Participant (and, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) in such policies the insurance shall not be invalidated by any action or inaction of Lessee (or, if any Sublease is then in effect, any Sublessee) or any other Person and shall insure Lessor, the Indenture Trustee and the Owner Participant (and, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) regardless of any breach or violation of any warranty, declaration or condition contained in such policies by Lessee (or, if any Sublease is then in effect, any Sublessee), (C) may provide for self-insurance to the extent permitted by Section 11(d) and (D) shall provide that if the insurers cancel such insurance for any reason whatever or if any material change is made in such insurance which adversely affects the interest of Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease), or such insurance shall lapse for non-payment of premium, such cancellation, lapse or change shall not be effective as to Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) for thirty (30) days (seven (7) days in the case of war risk and allied perils coverage) after issuance to Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease), respectively, of written notice by such insurers of such cancellation, lapse or change; providedPROVIDED, howeverHOWEVER, that if any notice period specified above is not reasonably obtainable, such policies shall provide for as long a period of prior notice as shall then be reasonably obtainable. Each liability policy (1) shall be primary without right of contribution from any other insurance which is carried by Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease), (2) shall expressly provide that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insured, and (3) shall waive any right of the insurers to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of Lessor or the Indenture Trustee or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) to the extent of any moneys due to Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease).

Public Liability and Property Damage Insurance. (I) Except as provided in clause (II) of this Section 11(a), Lessee will carry or cause to be carried at its or any Sublessee's expense (i) aircraft public liability (including, without limitation, passenger legal liability) (and including aircraft war risk and hijacking insurance, if and to the extent the same is maintained by Lessee (or, if a Sublease is then in effect, if and to the extent maintained by Sublessee) with respect to other aircraft owned or leased, and operated by Lessee (or such Sublessee) on the same routes) insurance and property damage insurance (exclusive of manufacturer's product liability insurance) with respect to the Aircraft, in an amount not less than the greater of (x) the amount of public liability and property damage insurance from time to time applicable to aircraft owned or operated by Lessee (or, if a Sublease is then in effect, by Sublessee) of the same type as the Aircraft and (y) such amount per occurrence as may have been agreed to on the Delivery Date by the Owner Participant [amount shall be at least $300,000,000 for 757 and at least $350,000,000 for A330] and (ii) cargo liability insurance, in the case of both clause (i) and clause (ii), (A) of the type and covering the same risks as from time to time applicable to aircraft operated by Lessee (or, if a Sublease is then in effect, by Sublessee) of the same type as the Aircraft and (B) which is maintained in effect with insurers of recognized responsibility. Any policies of insurance carried in accordance with this paragraph (a) and any policies taken out in substitution or replacement for any of such policies (A) shall be amended to name Lessor, in its individual capacity and as owner trustee, the Indenture Trustee Trustee, the Policy Provider and the Owner Participant (but without imposing on any such parties liability to pay the premiums for such insurance) (and, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) as additional insureds as their respective interests may appear, (B) shall provide that in respect of the respective interests of Lessor, the Indenture Trustee Trustee, the Policy Provider and the Owner Participant (and, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) in such policies the insurance shall not be invalidated by any action or inaction of Lessee (or, if any Sublease is then in effect, any Sublessee) or any other Person and shall insure Lessor, the Indenture Trustee Trustee, the Policy Provider and the Owner Participant (and, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) regardless of any breach or violation of any warranty, declaration or condition contained in such policies by Lessee (or, if any Sublease is then in effect, any Sublessee), (C) may provide for self-insurance to the extent permitted by Section 11(d) and (D) shall provide that if the insurers cancel such insurance for any reason whatever or if any material change is made in such insurance which adversely affects the interest of Lessor, the Indenture Trustee Trustee, the Policy Provider or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease), or such insurance shall lapse for non-payment of premium, such cancellation, lapse or change shall not be effective as to Lessor, the Indenture Trustee Trustee, the Policy Provider or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) for thirty (30) days (seven (7) days in the case of war risk and allied perils coverage) after issuance to Lessor, the Indenture Trustee Trustee, the Policy Provider or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease), respectively, of written notice by such insurers of such cancellation, lapse or change; provided, however, that if any notice period specified above is not reasonably obtainable, such policies shall provide for as long a period of prior notice as shall then be reasonably obtainable. Each liability policy (1) shall be primary without right of contribution from any other insurance which is carried by Lessor, the Indenture Trustee Trustee, the Policy Provider or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease), (2) shall expressly provide that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insured, and (3) shall waive any right of the insurers to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of Lessor or the Indenture Trustee Trustee, the Policy Provider or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease) to the extent of any moneys due to Lessor, the Indenture Trustee Trustee, the Policy Provider or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease).

Public Liability and Property Damage Insurance. (I) Except as provided in clause (II) of this Section 11(a7.04(a), Lessee the Owner will carry or cause to be carried at its or any SublesseeLessee's expense (i) aircraft public liability (including, without limitation, passenger legal liability) (and including aircraft war risk and hijacking insurance, if and to the extent the same is maintained by Lessee the Owner (or, if a Sublease Lease is then in effect, if and to the extent maintained by SublesseeLessee) with respect to other aircraft owned or leased, and operated by Lessee the Owner (or such SublesseeLessee) on the same routes) insurance and property damage insurance (exclusive of manufacturer's product liability insurance) with respect to the Aircraft, in an amount not less than the greater of (x) the amount of public liability and property damage insurance from time to time applicable to aircraft owned or operated by Lessee the Owner (or, if a Sublease Lease is then in effect, by SublesseeLessee) of the same type as the Aircraft and (y) such amount $[250,000,000 for A319's and $300,000,000 for A320's] per occurrence as may have been agreed to on the Delivery Date by the Owner Participant and (ii) cargo liability insurance, in the case of both clause (i) and clause (ii), (A) of the type and covering the same risks as from time to time applicable to aircraft operated by Lessee the Owner (or, if a Sublease Lease is then in effect, by SublesseeLessee) of the same type as the Aircraft and (B) which is maintained in effect with insurers of recognized responsibility. Any policies of insurance carried in accordance with this paragraph (a) and any policies taken out in substitution or replacement for any of such policies (A) shall be amended to name Lessor, in its individual capacity and as owner trustee, the Indenture Trustee and the Owner Participant (but without imposing on any such parties liability to pay the premiums for such insurance) (and, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease) as additional insureds as their respective interests may appear, (B) shall provide that in respect of the respective interests interest of Lessor, the Indenture Trustee and the Owner Participant (and, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease) in such policies the insurance shall not be invalidated by any action or inaction of Lessee the Owner (or, if any Sublease Lease is then in effect, any SublesseeLessee) or any other Person and shall insure Lessor, the Indenture Trustee and the Owner Participant (and, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease) regardless of any breach or violation of any warranty, declaration or condition contained in such policies by Lessee the Owner (or, if any Sublease Lease is then in effect, any SublesseeLessee), (C) may provide for self-insurance to the extent permitted by Section 11(d7.04(d) and (D) shall provide that if the insurers cancel such insurance for any reason whatever or if any material change is made in such insurance which adversely affects the interest of Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease), or such insurance shall lapse for non-payment of premium, such cancellation, lapse or change shall not be effective as to Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease) for thirty (30) days (seven (7) days in the case of war risk and allied perils coverage) after issuance to Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease), respectively, of written notice by such insurers of such cancellation, lapse or change; provided, however, that if any notice period specified above is not reasonably obtainable, such policies shall provide for as long a period of prior notice as shall then be reasonably obtainable. Each liability policy (1) shall be primary without right of contribution from any other insurance which is carried by Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease), (2) shall expressly provide that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insured, and (3) shall waive any right of the insurers to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of Lessor or the Indenture Trustee or the Owner Participant (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease) to the extent of any moneys due to Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease).

Public Liability and Property Damage Insurance. (I) Except as provided in clause (II) of this Section 11(a3.6(a), Lessee the Company will carry or cause to be carried at its or any SublesseeLessee's expense (i) aircraft public liability (including, without limitation, passenger legal liability) (and including aircraft war risk and hijacking insurance, if and to the extent the same is maintained by Lessee the Company (or, if a Sublease is then in effect, if and to the extent maintained by Sublesseeor any Lessee) with respect to other aircraft owned or leased, and operated by Lessee the Company (or such SublesseeLessee) on the same routes) insurance and property damage insurance (exclusive of manufacturer's product liability insurance) with respect to each of the Aircraft, in an amount not less than the greater of (x) with respect to each Aircraft of any type, the amount of public liability and property damage insurance from time to time applicable to aircraft owned or operated by Lessee (or, if a Sublease is then in effect, by Sublessee) the Company of the same type as the Aircraft and (y) the amount of public liability and property damage maintained by the Company for such amount per occurrence as may have been agreed to Aircraft on the Delivery Effective Date by the Owner Participant and (ii) cargo liability insurance, in the case of both clause (i) and clause (ii), (A) with respect to Aircraft of any type, of the type and covering the same risks as from time to time applicable to aircraft operated by Lessee (or, if a Sublease is then in effect, by Sublessee) the Company of the same type as the Aircraft and (B) which is maintained in effect with insurers of recognized responsibility. Any policies of insurance carried in accordance with this paragraph (a) and any policies taken out in substitution or replacement for any of such policies (A) shall be amended to name Lessor, in its individual capacity and as owner trustee, the Indenture Trustee and the Owner Participant Secured Creditors (but without imposing on any such parties party liability to pay the premiums for such insurance) (and, if any Sublease Lease shall be in effect, Lessee the Company in its capacity as sublessor lessor under the SubleaseLease) as additional insureds as their respective interests interest may appear, (B) shall provide that in respect of the respective interests interest of Lessor, the Indenture Trustee and the Owner Participant Secured Creditors (and, if any Sublease Lease shall be in effect, Lessee the Company in its capacity as sublessor lessor under the SubleaseLease) in such policies the insurance shall not be invalidated by any action or inaction of Lessee the Company (or, if any Sublease Lease is then in effect, any SublesseeLessee) or any other Person and shall insure Lessor, the Indenture Trustee and the Owner Participant Secured Creditors (and, if any Sublease Lease shall be in effect, Lessee the Company in its capacity as sublessor lessor under the SubleaseLease) regardless of any breach or violation of any warranty, declaration or condition contained in such policies by Lessee the Company (or, if any Sublease Lease is then in effect, any SublesseeLessee), (C) may provide for self-insurance to the extent permitted by Section 11(d3.6(d) and (D) shall provide that if the insurers cancel such insurance for any reason whatever or if any material change is made in such insurance which adversely affects the interest of Lessor, the Indenture Trustee or the Owner Participant Secured Creditors (or, if any Sublease Lease shall be in effect, Lessee the Company in its capacity as sublessor lessor under the SubleaseLease), or such insurance shall lapse for non-payment of premium, such cancellation, lapse or change shall not be effective as to Lessor, the Indenture Trustee or the Owner Participant Secured Creditors (or, if any Sublease Lease shall be in effect, Lessee the Company in its capacity as sublessor lessor under the SubleaseLease) for thirty (30) days (seven (7) days in the case of war risk and allied perils coverage) after issuance to Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease shall be in effect, Lessee in its capacity as sublessor under the Sublease), respectively, Collateral Agent of written notice by such insurers of such cancellation, lapse or change; provided, however, that if any notice period specified above is not reasonably obtainable, such policies shall provide for as long a period of prior notice as shall then be reasonably obtainable. Each liability policy (1) shall be primary without right of contribution from any other insurance which is carried by Lessor, the Indenture Trustee or the Owner Participant Secured Creditors (or, if any Sublease Lease shall be in effect, Lessee the Company in its capacity as sublessor lessor under the SubleaseLease), (2) shall expressly provide that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insured, and (3) shall waive any right of the insurers to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of Lessor or the Indenture Trustee or the Owner Participant Secured Creditors (or, if any Sublease Lease shall be in effect, Lessee the Company in its capacity as sublessor lessor under the SubleaseLease) to the extent of any moneys due to Lessor, the Indenture Trustee or the Owner Participant Secured Creditors (or, if any Sublease Lease shall be in effect, Lessee the Company in its capacity as sublessor lessor under the SubleaseLease).

Public Liability and Property Damage Insurance. (I) Except as provided in clause (II) of this Section 11(a7.04(a), Lessee the Owner will carry or cause to be carried at its or any SublesseeLessee's expense (i) aircraft public liability (including, without limitation, passenger legal liability) (and including aircraft war risk and hijacking insurance, if and to the extent the same is maintained by Lessee the Owner (or, if a Sublease Lease is then in effect, if and to the extent maintained by SublesseeLessee) with respect to other aircraft owned or leased, and operated by Lessee the Owner (or such SublesseeLessee) on the same routes) insurance and property damage insurance (exclusive of manufacturer's product liability insurance) with respect to the Aircraft, in an amount not less than the greater of (x) the amount of public liability and property damage insurance from time to time applicable to aircraft owned or operated by Lessee the Owner (or, if a Sublease Lease is then in effect, by SublesseeLessee) of the same type as the Aircraft and (y) such amount $[250,000,000 for A319's, $300,000,000 for 757's and $400,000,000 for 747's] per occurrence as may have been agreed to on the Delivery Date by the Owner Participant and (ii) cargo liability insurance, in the case of both clause (i) and clause (ii), (A) of the type and covering the same risks as from time to time applicable to aircraft operated by Lessee the Owner (or, if a Sublease Lease is then in effect, by SublesseeLessee) of the same type as the Aircraft and (B) which is maintained in effect with insurers of recognized responsibility. Any policies of insurance carried in accordance with this paragraph (a) and any policies taken out in substitution or replacement for any of such policies (A) shall be amended to name Lessor, in its individual capacity and as owner trustee, the Indenture Trustee and the Owner Participant (but without imposing on any such parties liability to pay the premiums for such insurance) (and, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease) as additional insureds as their respective interests may appear, (B) shall provide that in respect of the respective interests interest of Lessor, the Indenture Trustee and the Owner Participant (and, if any Sublease Lease shall be in -42- effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease) in such policies the insurance shall not be invalidated by any action or inaction of Lessee the Owner (or, if any Sublease Lease is then in effect, any SublesseeLessee) or any other Person and shall insure Lessor, the Indenture Trustee and the Owner Participant (and, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease) regardless of any breach or violation of any warranty, declaration or condition contained in such policies by Lessee the Owner (or, if any Sublease Lease is then in effect, any SublesseeLessee), (C) may provide for self-insurance to the extent permitted by Section 11(d7.04(d) and (D) shall provide that if the insurers cancel such insurance for any reason whatever or if any material change is made in such insurance which adversely affects the interest of Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease), or such insurance shall lapse for non-payment of premium, such cancellation, lapse or change shall not be effective as to Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease) for thirty (30) days (seven (7) days in the case of war risk and allied perils coverage) after issuance to Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease), respectively, of written notice by such insurers of such cancellation, lapse or change; provided, however, that if any notice period specified above is not reasonably obtainable, such policies shall provide for as long a period of prior notice as shall then be reasonably obtainable. Each liability policy (1) shall be primary without right of contribution from any other insurance which is carried by Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease), (2) shall expressly provide that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insured, and (3) shall waive any right of the insurers to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of Lessor or the Indenture Trustee or the Owner Participant (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease) to the extent of any moneys due to Lessor, the Indenture Trustee or the Owner Participant (or, if any Sublease Lease shall be in effect, Lessee the Owner in its capacity as sublessor lessor under the SubleaseLease).