Registration, Maintenance and Operation; Possession; Insignia. (a) REGISTRATION, MAINTENANCE AND OPERATION. Lessee, at its own cost and expense, shall: (i) maintain, service, repair, overhaul and test or cause to be maintained, serviced, repaired, overhauled and tested each Item of Equipment in accordance with Lessee's FAA approved maintenance program, so as to keep each Item of Equipment (A) in at least as good an operating condition as when delivered, ordinary wear and tear excepted, and within the acceptable limits of performance provided in the Manufacturer's manuals, (B) in conformity with any Manufacturer's operating manual, instructions and service bulletins and all mandatory service bulletins and such other non-mandatory Manufacturer's service bulletins reasonably requested by Lessor and by the Manufacturer, (C) in conformity with all AD's that are required to be performed with respect to any Item of Equipment during the Lease Term, (D) in conformity with the requirements of any other Governmental Authority having jurisdiction over the Item of Equipment, (E) in such condition that the Airframe and each Serviced Engine will comply with the FAA type certificate (as in effect from time to time) issued to the Manufacturer of the Airframe or such Serviced Engine and in compliance with a maintenance program approved by the FAA so long as such maintenance program conforms to the maintenance program (as in effect from time to time) established by the applicable FAA-approved maintenance review board report for airframes and engines of the same type, and (F) in such condition as may be necessary to enable the airworthiness certification of the In-Use Aircraft to be maintained in good standing at all times (and, in the case of any Engine when it is not installed on the Airframe, so as to keep such Engine serviceable at all times except when such Engine is awaiting overhaul, maintenance, repair, inspection or servicing in the normal course of Lessee's FAA-approved or compatible maintenance program) under the rules and regulations of the FAA. All maintenance on the Airframe and Serviced Engines shall be performed by Lessee in accordance with the standards set forth above. Lessee shall promptly notify Lessor of any material change in the maintenance program in respect of the In-Use Aircraft from that in effect on the Delivery Date; (ii) not permit the Airframe, any Serviced Engine, or any Part to be maintained, serviced, repaired, overhauled, tested, used or operated in violation of any Applicable Law of any Governmental Authority having jurisdiction or in violation of any airworthiness certificate, license or registration relating to the Airframe, any Serviced Engine or any Part issued by any such Governmental Authority. In the event that any such Applicable Law requires alteration of the Airframe, any Serviced Engine, or any Part, Lessee will conform thereto or obtain conformance therewith at no expense to Lessor and will maintain the Airframe, such Serviced Engine or such Part in proper operating condition under such Applicable Laws; (iii) maintain or cause to be maintained all records, logs and other materials required by the FAA or other applicable Governmental Authority to be maintained in respect of the In-Use Aircraft; and (iv) promptly furnish to Lessor such information as may be required to enable Lessor to file any reports required to be filed by Lessor with any Governmental Authority because of Lessor's ownership of the Aircraft.
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Samples: Aircraft Lease Agreement (Hawaiian Airlines Inc/Hi), Aircraft Lease Agreement (Hawaiian Airlines Inc/Hi), Aircraft Lease Agreement (Hawaiian Airlines Inc/Hi)
Registration, Maintenance and Operation; Possession; Insignia. (a) REGISTRATIONRegistration, MAINTENANCE AND OPERATIONMaintenance and Operation. Lessee, at its own cost and expense, shall:
(i) maintain, service, repair, overhaul and test or cause to be maintained, serviced, repaired, overhauled and tested each Item of Equipment in accordance with Lessee's FAA approved maintenance program, so as to keep each Item of Equipment (A) in at least as good an operating condition as when delivered, ordinary wear and tear excepted, and within the acceptable limits of performance provided in the Manufacturer's manuals, (B) in conformity with any Manufacturer's operating manual, instructions and service bulletins and all mandatory service bulletins and such other non-mandatory Manufacturer's service bulletins reasonably requested by Lessor and by the Manufacturer, (C) in conformity with all AD's that are required to be performed with respect to any Item of Equipment during the Lease Term, (D) in conformity with the requirements of any other Governmental Authority having jurisdiction over the Item of Equipment, (E) in such condition that the Airframe and each Serviced Engine will comply with the FAA type certificate (as in effect from time to time) issued to the Manufacturer of the Airframe or such Serviced Engine and in compliance with a maintenance program approved by the FAA so long as such maintenance program conforms to the maintenance program (as in effect from time to time) established by the applicable FAA-approved maintenance review board report for airframes and engines of the same type, and (F) in such condition as may be necessary to enable the airworthiness certification of the In-Use Aircraft to be maintained in good standing at all times (and, in the case of any Engine when it is not installed on the Airframe, so as to keep such Engine serviceable at all times except when such Engine is awaiting overhaul, maintenance, repair, inspection or servicing in the normal course of Lessee's FAA-approved or compatible maintenance program) under the rules and regulations of the FAA. All maintenance on the Airframe and Serviced Engines shall be performed by Lessee in accordance with the standards set forth above. Lessee shall promptly notify Lessor of any material change in the maintenance program in respect of the In-Use Aircraft from that in effect on the Delivery Date;
(ii) not permit the Airframe, any Serviced Engine, or any Part to be maintained, serviced, repaired, overhauled, tested, used or operated in violation of any Applicable Law of any Governmental Authority having jurisdiction or in violation of any airworthiness certificate, license or registration relating to the Airframe, any Serviced Engine or any Part issued by any such Governmental Authority. In the event that any such Applicable Law requires alteration of the Airframe, any Serviced Engine, or any Part, Lessee will conform thereto or obtain conformance therewith at no expense to Lessor and will maintain the Airframe, such Serviced Engine or such Part in proper operating condition under such Applicable Laws;
(iii) maintain or cause to be maintained all records, logs and other materials required by the FAA or other applicable Governmental Authority to be maintained in respect of the In-Use Aircraft; and
(iv) promptly and(iv)promptly furnish to Lessor such information as may be required to enable Lessor to file any reports required to be filed by Lessor with any Governmental Authority because of Lessor's ownership of the Aircraft.
Appears in 1 contract
Samples: Aircraft Lease Agreement (Hawaiian Airlines Inc/Hi)
Registration, Maintenance and Operation; Possession; Insignia. (a) REGISTRATIONRegistration, MAINTENANCE AND OPERATIONMaintenance and Operation. Lessee, at its own cost and expense, shall:
: (i) forthwith upon the delivery thereof hereunder, cause each Aircraft to be duly registered, and, except as otherwise provided in this Section 7(a), at all times thereafter to remain duly registered, in the name of Lessor, under the Federal Aviation Act, and shall not register such Aircraft under the laws of any other country; (ii) maintain, inspect, service, repair, overhaul and test or cause to be maintained, serviced, repaired, overhauled and tested each Item of Equipment in accordance with Lessee's FAA approved maintenance program, Aircraft so as to keep each Item of Equipment (A) such Aircraft in at least as good an operating condition as when delivereddelivered to Lessee hereunder, ordinary wear and tear excepted, and within the acceptable limits of performance provided in the Manufacturer's manuals, (B) in conformity with any Manufacturer's operating manual, instructions and service bulletins and all mandatory service bulletins and such other non-mandatory Manufacturer's service bulletins reasonably requested by Lessor and by the Manufacturer, (C) in conformity with all AD's that are required to be performed with respect to any Item of Equipment during the Lease Term, (D) in conformity with the requirements of any other Governmental Authority having jurisdiction over the Item of Equipment, (E) in such condition that the Airframe and each Serviced Engine will comply with the FAA type certificate (as in effect from time to time) issued to the Manufacturer of the Airframe or such Serviced Engine and in compliance with a maintenance program approved by the FAA so long as such maintenance program conforms to the maintenance program (as in effect from time to time) established by the applicable FAA-approved maintenance review board report for airframes and engines of the same type, and (F) in such condition as may be necessary to enable the airworthiness certification of the In-Use such Aircraft to be maintained in good standing at all times (and, in to the case of any Engine when it is not installed on the Airframe, so as to keep such Engine serviceable at all times except when such Engine is awaiting overhaul, maintenance, repair, inspection or servicing in the normal course of Lessee's FAA-approved or compatible maintenance program) extent required under the rules and regulations of the FAA. All maintenance on the Airframe and Serviced Engines shall be performed by Lessee in accordance with the standards set forth above. Lessee shall promptly notify Lessor of any material change in the maintenance program in respect of the In-Use Aircraft from that in effect on the Delivery Date;
(ii) not permit the Airframe, any Serviced Engine, or any Part to be maintained, serviced, repaired, overhauled, tested, used or operated in violation of any Applicable Law of any Governmental Authority having jurisdiction or in violation of any airworthiness certificate, license or registration relating to the Airframe, any Serviced Engine or any Part issued by any such Governmental Authority. In the event that any such Applicable Law requires alteration of the Airframe, any Serviced Engine, or any Part, Lessee will conform thereto or obtain conformance therewith at no expense to Lessor and will maintain the Airframe, such Serviced Engine or such Part in proper operating condition under such Applicable Laws;
Federal Aviation Act; (iii) maintain or cause to be maintained all records, logs and other materials required by the FAA FAA; (iv) comply with all applicable maintenance, service, repair and overhaul manuals and mandatory service bulletins published by or other applicable Governmental Authority on behalf of the manufacturer of such Aircraft, or cause the same to be maintained complied with; (v) upon request, promptly furnish to Lessor statements regarding the condition and state of repair of such Aircraft, in respect of the In-Use Aircraftsuch detail as Lessor may reasonably request; and
and (ivvi) promptly furnish to Lessor such information as may be required to enable Lessor to file any reports required to be filed by Lessor with any Governmental Authority governmental authority because of Lessor's ownership of such Aircraft. Lessee agrees that each Aircraft will not be maintained, used, operated or maintenance in violation of any applicable laws or in violation of any airworthiness certificate, license or registration relating to such Aircraft. Lessee also agrees not to operate or locate each Aircraft, or suffer any Aircraft to be operated or located, in any area excluded from coverage by any insurance required by the Aircraftterms of Section 11, except in the case of a requisition or a call-up under the Civil Reserve Air Fleet by the government of the United States where Lessee obtains an indemnity in lieu of such insurance from the government of the United States against the risks and in the amounts required by Section 11 covering such area.
Appears in 1 contract
Samples: Lease Agreement (Evergreen International Aviation Inc)
Registration, Maintenance and Operation; Possession; Insignia. (a) REGISTRATIONRegistration, MAINTENANCE Maintenance and Operation. At the Commencement Time, Lessee has taken possession of the Aircraft "AS IS, WHERE IS AND OPERATIONWITH ALL FAULTS". Following the Commencement Time Lessee, at its own cost and expenseno expense to Lessor, shall:
(i) cause the Aircraft to remain duly registered at the FAA in the name of Lessor, as owner, except (x) as otherwise required by the Transportation Code, or (y) to the extent that such registration cannot be maintained because of Lessor's or the Owner Participant's failure to comply with the citizenship requirements for registration of aircraft under the Transportation Code; provided that Lessor and Owner Participant shall execute and deliver all such documents as Lessee shall reasonably request for the purpose of continuing such registration. Notwithstanding the preceding sentence, but subject always to the terms and conditions set forth in Section 12(l) of the Participation Agreement, Lessee may at any time, upon notice to Lessor, cause the Aircraft to be duly registered under the applicable statutes of such other country as shall be permitted under Section 12(l) of the Participation Agreement, in the name of Lessor or of any nominee of Lessor, or, if required by applicable law, in the name of Lessee or any other Person, and shall thereafter maintain such registration unless and until changed as provided herein and therein;
(ii) maintain, service, repair, overhaul and test or cause to be maintained, serviced, repaired, overhauled and tested each Item of Equipment the Aircraft in accordance with a Maintenance Program (as approved by the FAA) (and, at Lessee's FAA option, (x) in the event that the Aircraft is re-registered in another AA-EETC 2001 Lease jurisdiction pursuant to Section 7(a)(i), in accordance with a Maintenance Program approved maintenance programby the central civil aviation authority of the jurisdiction of such registration or (y) in the event of any - sublease to a foreign air carrier in accordance with Section 7(b)(ix), approved by the central civil aviation authority of one of the Permitted Countries and in the same manner and with the same care used by Lessee (or, so long as the Aircraft is subject to a sublease (the "Sublease") between Lessor and TWA Airlines, LLC ("TWA LLC"), TWA LLC) with respect to similar aircraft and engines operated by Lessee (or, so long as the Aircraft is subject to the Sublease, TWA LLC) and utilized in similar circumstances, so as to keep each Item of Equipment (A) the Aircraft in at least as good an operating and physical condition as when delivereddelivered to Lessee at the Commencement Time, ordinary wear and tear excepted, and within the acceptable limits of performance provided in the Manufacturer's manuals, (B) in conformity with any Manufacturer's operating manual, instructions and service bulletins and all mandatory service bulletins and such other non-mandatory Manufacturer's service bulletins reasonably requested by Lessor and by the Manufacturer, (C) in conformity with all AD's that are required to be performed with respect to any Item of Equipment during the Lease Term, (D) in conformity with the requirements of any other Governmental Authority having jurisdiction over the Item of Equipment, (E) in such condition that the Airframe and each Serviced Engine will comply with the FAA type certificate (as in effect from time to time) issued to the Manufacturer of the Airframe or such Serviced Engine and in compliance with a maintenance program approved by the FAA so long as such maintenance program conforms to the maintenance program (as in effect from time to time) established by the applicable FAA-approved maintenance review board report for airframes and engines of the same type, and (F) in such condition as may be necessary to enable the a standard airworthiness certification certificate of the In-Use Aircraft to be maintained in good standing at all times (andother than during temporary periods of storage in accordance with applicable regulations or during periods of grounding by applicable governmental authorities, in except where such periods of grounding are the case result of any Engine when it is not installed on the Airframefailure by Lessee (or, so long as the Aircraft is subject to keep such Engine serviceable at all times except when such Engine is awaiting overhaulthe Sublease, maintenance, repair, inspection or servicing in TWA LLC) to maintain the normal course of Lessee's FAA-approved or compatible maintenance programAircraft as otherwise required herein) under the rules Transportation Code and regulations of the FAA. All maintenance on related Federal Aviation Regulations or, if the Airframe and Serviced Engines shall be performed by Lessee in accordance with Aircraft is registered under the standards set forth above. Lessee shall promptly notify Lessor laws of any material change in other jurisdiction, the maintenance program in respect laws of the In-Use Aircraft from that in effect on the Delivery Date;
(ii) not permit the Airframe, any Serviced Engine, or any Part to be maintained, serviced, repaired, overhauled, tested, used or operated in violation of any Applicable Law of any Governmental Authority having jurisdiction or in violation of any airworthiness certificate, license or registration relating to the Airframe, any Serviced Engine or any Part issued by any such Governmental Authority. In the event that any such Applicable Law requires alteration of the Airframe, any Serviced Engine, or any Part, Lessee will conform thereto or obtain conformance therewith at no expense to Lessor and will maintain the Airframe, such Serviced Engine or such Part in proper operating condition under such Applicable Lawsjurisdiction;
(iii) maintain or cause to be maintained maintain, in the English language, all records, logs and other materials required by the FAA or other applicable Governmental Authority appropriate authorities in the jurisdiction where the Aircraft is registered to be maintained by Lessee (or, so long as the Aircraft is subject to the Sublease, TWA LLC) in respect of the In-Use Aircraft; and;
(iv) promptly furnish to Lessor such information as may be required to enable Lessor to file any reports reports, returns or statements required to be filed by Lessor with any Governmental Authority governmental authority because of Lessor's ownership or the Owner Participant's interest in the Aircraft; and
(v) Lessee shall comply with all mandatory airworthiness directives issued prior to the expiration of the Term by the FAA, compliance with which is required during the Term, and if compliance with such directive is not required prior to the end of the Term but is required within 12 months thereafter, Lessee shall nevertheless comply with such directive if, prior to the end of the Term, Lessee commences compliance with such directive with respect to any other aircraft affected by such directive and in use by Lessee and subsequent to any such commencement, the Aircraft is subjected to a maintenance check of the type at which Lessee makes the modification required by such directive, in accordance with Lessee's Maintenance Program; Lessee shall not be required to comply with any manufacturer service bulletins. AA-EETC 2001 Lease Lessee agrees that the Aircraft will not be maintained, used or operated in violation of any law or any rule, regulation or order of any government or governmental authority having jurisdiction in any country in which the Aircraft is flown, or in violation of any airworthiness certificate, license or registration relating to the Aircraft issued by any such authority; provided that Lessee may in good faith contest the validity or application of any such law, rule, regulation or order in any reasonable manner which does not involve any material risk of the sale, forfeiture or loss (including loss of use) of the Aircraft or any Engine, any meaningful risk of criminal liability or any material risk of civil penalty against Lessor or Owner Participant or otherwise materially adversely affect Lessor, the Aircraft, the Owner Participant or the Lien of the Indenture; and, provided, further, that Lessee shall not be in default under this sentence if it is not possible for it to comply with the laws of a jurisdiction other than the United States (or other than any jurisdiction in which the Aircraft is then registered) because of a conflict with the applicable laws of the United States (or such jurisdiction in which the Aircraft is then registered), in which event Lessee will diligently and in good faith use its reasonable best efforts to cause the Aircraft to be removed, as soon as practicable, from the jurisdiction other than the U.S. (or other than any jurisdiction in which the Aircraft is then registered) creating a conflict or to take such other reasonable action (including, if necessary, changing the registration of the Aircraft unless the Aircraft is then registered in the U.S.), as soon as practicable, as may be necessary to avoid the conflict. Lessee or any permitted sublessee may operate the Aircraft in any geographical area except (i) in any area excluded from coverage by any insurance required by the terms of Section 11, except in the case of a requisition for use by the U.S. Government where Lessee obtains indemnity pursuant to Section 11 in lieu of such insurance from the U.S. Government against the risks and in the amounts required by Section 11 covering such area, or (ii) in any war zone or recognized or, in Lessee's reasonable judgment, threatened area of hostilities unless covered by war risk insurance obtained in accordance with Section 11, but only so long as the same remains in effect while the Aircraft is so operated or located, or unless the Aircraft is operated or used under contract with the U.S. Government entered into pursuant to Section 11, under which contract the U.S. Government assumes liability for any damage, loss, or destruction or failure to return possession of the Aircraft at the end of the term of such contract and for injury to persons and damage to property of others. Notwithstanding anything to the contrary contained herein, an aircraft engine which is not an Engine, but which is installed on the Airframe, shall be maintained in accordance with this Section 7(a).
Appears in 1 contract