Reimbursement Adjustment. 40 13.6 Costs in Excess of Reserves.................................................................... 40 13.7 Reimbursement after Termination Date........................................................... 41
Reimbursement Adjustment. By way of example, among the exclusions from reimbursement are those items resulting from repairs covered by LESSEE's or a third party's insurance, (deductibles being for the account of LESSEE) or warranties or required as a result of an Airworthiness Directive, manufacturer's service bulletin, faulty maintenance or installation, improper operations, misuse, neglect, accident, incident, ingestion, or other accidental cause. Reimbursement from the Reserves will not be available for the APU, quick engine change (QEC) Parts, thrust reversers, or any of their associated components. All invoices subject to reimbursement from LESSOR will be reduced (by adjustment between LESSEE and LESSOR retroactively if necessary) by the actual amounts received by LESSEE on account of such work from responsible third parties or other sources, such as insurance proceeds, manufacturer's warranties, guarantees, concessions and credits (including, with respect to Engines, credits due to life remaining on any removed Engine Parts).
Reimbursement Adjustment. 13.7.1 By way of example, among the exclusions from reimbursement are work or items:
(a) resulting from repairs covered by LESSEE’s or a third party’s insurance, (deductibles being for the account of LESSEE and not reimbursable) or covered by warranties; or
(b) required as a result of an Airworthiness Directive, manufacturer’s service bulletin (unless approved in advance by LESSOR), non-routine or non-scheduled maintenance, faulty maintenance or installation, improper operations, misuse, neglect, accident, incident, ingestion (foreign object damage) or other accidental cause.
13.7.2 Reimbursement from the Reserves will not be available for the APU, non-Basic Engine Parts or Landing Gear or any of the Landing Gear’s associated components.
13.7.3 All invoices subject to reimbursement from LESSOR will be reduced (by adjustment between LESSEE and LESSOR retroactively if necessary) by the actual amounts received by LESSEE on account of such work from responsible third parties or other sources, such as insurance proceeds, manufacturer’s warranties, guarantees, concessions and credits (including, with respect to Engines, credits due to life remaining on any removed Engine Parts).
Reimbursement Adjustment. By way of example, among the exclusions from reimbursement are those items resulting from repairs covered by LESSEE's or a third party's insurance, (deductibles being for the account of LESSEE) or warranties or required as a result of an Airworthiness Directive, manufacturer's service bulletin, negligent maintenance or installation, improper operations, misuse, neglect, accident, incident, ingestion, or other accidental cause. Reimbursement from the Reserves will not be available for the quick engine change (QEC) Parts, thrust reversers or any of their associated components. All invoices subject to reimbursement from LESSOR will be reduced (by adjustment between LESSEE and LESSOR retroactively if necessary) by the actual amounts received by LESSEE on account of such work from responsible third parties or other sources, such as insurance proceeds, manufacturer's warranties, guarantees, concessions and credits (including, with respect to Engines, credits due to life remaining on any removed Engine Parts). Notwithstanding the foregoing, in the event that accident, incident or other accidental cause necessitates a repair and during the course of such repair the workscope results in performance restoration to, the Engine or installation of LLPs with more life remaining, the performance restoration portion or LLP life betterment of such repair workscope may be claimed by LESSEE from Engine Performance Restoration Reserves or Engine LLP Reserves (as applicable).
Reimbursement Adjustment. By way of example, among the exclusions from reimbursement are those items resulting from repairs covered by LESSEE’s or a third party’s insurance (deductibles being for the account of LESSEE), or warranties or required as a result of an Airworthiness Directive, manufacturer’s service bulletin, faulty maintenance or installation, improper operations, misuse, neglect, accident, incident, ingestion, or other accidental cause. Reimbursement from the Reserves will not be available for the APU, quick engine change (QEC) Parts, thrust reversers, or any of their associated components. Notwithstanding the foregoing sentence, if the Airframe, any Engine or any Landing Gear undergoes a repair or inspection that is otherwise excluded from reimbursement pursuant to this Article 13.6, and if, in the course of such repair or inspection, LESSEE performs additional work that (a) constitutes an Eligible Structural Check, an Eligible Shop Visit, or an Overhaul of any Landing Gear or (b) results in an increase in the time remaining until the next Eligible Structural Check, Eligible Shop Visit, or Overhaul of any Landing Gear, then LESSEE shall be entitled to reimbursement for the cost of such additional work and the same will not be excluded from reimbursement hereunder from the Airframe Reserves, Engine Performance Restoration Reserves, Engine LLP Reserves or Landing Gear Reserves, as applicable. All invoices subject to reimbursement from LESSOR will be reduced (by adjustment between LESSEE and LESSOR retroactively if necessary) by the actual amounts received by LESSEE on account of such work from responsible third parties or other sources, such as insurance proceeds, manufacturer’s warranties, guarantees, concessions and credits actually received from such sources (including, with respect to Engines, credits due to life remaining on any removed Engine Parts).
Reimbursement Adjustment. 13.19.1 By way of example, among the exclusions from reimbursement are work or items:
(a) resulting from repairs actually covered by LESSEE’s or a third party’s insurance (deductibles being for the account of LESSEE and not reimbursable) or covered by warranties to the extent of recovery by LESSEE under such insurance or warranties; or
(b) required as a result of an Airworthiness Directive, manufacturer’s service bulletin (unless approved in advance by LESSOR, which approval will not be unnecessarily withheld or delayed), negligence, nonroutine or nonscheduled maintenance, faulty maintenance or installation, improper operations, misuse, accident, incident, ingestion (foreign object damage) or other accidental cause.
13.19.2 All invoices subject to reimbursement from LESSOR will be reduced (by adjustment between LESSEE and LESSOR retroactively if necessary) by the actual amounts received by LESSEE on account of such work from responsible third parties or other sources, such as insurance proceeds, manufacturer’s warranties, guarantees, concessions and credits (including, with respect to Engines, credits due to life remaining on any removed Engine Parts). Notwithstanding anything to the
Reimbursement Adjustment. By way of example, among the exclusions from reimbursement are those items resulting from repairs covered by LESSEE's or a third party's insurance, (deductibles being for the account of LESSEE) or warranties or required as a result of an Airworthiness Directive, manufacturer's service bulletin, faulty maintenance or installation, improper operations, misuse, neglect, accident, incident, ingestion, or other accidental cause. Reimbursement from the Reserves will not be available for the APU, quick engine change (QEC) Parts, thrust reversers, Landing Gear (unless LESSEE opts to pay Landing Gear reserves) or any of their associated components. All invoices subject to reimbursement from LESSOR will be reduced (by adjustment between LESSEE and LESSOR retroactively if necessary) by the actual amounts received by LESSEE on account of such work from responsible third parties or other sources, such as insurance proceeds, manufacturer's warranties, guarantees, concessions and credits (including, with respect to Engines, credits due to life remaining on any removed Engine Parts).
Reimbursement Adjustment. The purpose of affording public assistance to the implementation of the Plan is to accomplish the stated public purposes and not to subsidize an otherwise economically viable development project. While it has been determined that the Plan would not be undertaken but for the public assistance being provided, the parties recognize that the profitability of the Redevelopment Projects to Developer is based upon projections that may or may not be fulfilled. Sales of pad sites to be developed by third parties are projected to yield up to $2,500,000. Therefore, in order to ensure that the public assistance being provided does not subsidize an unreasonable level of earnings for Developer, if the aggregate gross proceeds from such sales are greater than 110% of the projected $2,500,000 gross sales proceeds, then the Reimbursable Project Costs cap will be reduced by 34% of the amount of such excess.
