Replacement Aircraft. Any aircraft substituted for the Aircraft pursuant to Section 11.03(a) of the Lease.
Replacement Aircraft. 12.1 Regardless of whether or not an Aircraft or Optional Aircraft has exceeded its NA Day allowance provided in Articles 11.2, 11.3 and 11.5, if the (i) NA Days in respect of any Aircraft or Optional Aircraft extend for fifteen (15) or more consecutive Days, or (ii) the Operator is required to provide a Replacement Aircraft in accordance with Article 10.1, then the Operator shall, at its sole cost and expense, replace such Aircraft or Optional Aircraft by the sixteenth (16th) Day with an aircraft that is comparable or superior, conforms with the specifications, terms and conditions of this Agreement and is satisfactory to the UN (“Replacement Aircraft”). The NA Day allowance for a Replacement Aircraft shall carry over from the NA Day allowance for the Aircraft or Optional Aircraft it replaces. Regardless of whether or not an Aircraft or Optional Aircraft has exceeded its NA Day allowance provided in Articles 11.2, 11.3 and 11.5, the UN shall be entitled to (i) a proportionate reduction in the Annual Operating Costs in respect of the relevant Contract Year concerned, and (ii) claim Liquidated Damages in accordance with Article 13, for each and every Day that a Replacement Aircraft is not Operationally Ready, from the above sixteenth (16th) Day until such date that the Replacement Aircraft is Operationally Ready. In the event that the Operator is required to provide a Replacement Aircraft, (i) the Operator shall not be entitled to any Positioning Costs for the Replacement Aircraft in the event the UN has previously paid Positioning Costs for the Aircraft or Optional Aircraft which requires replacement, and (ii) the UN shall only pay Depositioning Costs for the Replacement Aircraft and not for the Aircraft or Optional Aircraft which requires replacement.
12.2 Should the Operator fail to provide a Replacement Aircraft in accordance with Article 12.1 and the UN obtains alternate transportation during the period of unavaibility, then the Operator shall reimburse the UN reasonable additional costs above the prices and costs listed in the Price Schedule for obtaining appropriate and suitable alternate transportation services due to the Operator’s failure to provide the Replacement Aircraft, which are in addition to the UN’s right to claim Liquidated Damages for such failure, as further specified in Article 13.2. The Parties agree that the UN’s rights and remedies under this Article 12 are without prejudice to the UN’s rights to claim Liquidated Damages in accorda...
Replacement Aircraft. In the event the Lessee shall elect to substitute an aircraft (or an airframe or an airframe and one engine, as the case may be) for any Aircraft (or any airframe and one or more Engines) subject to an Event of Loss, the Lessee shall, not later than the 120th day following the occurrence of such Event of Loss (or the next succeeding Business Day if the 120th day is not a Business Day):
(i) cause to be conveyed to the Lessor (if not already owned by the Lessor) title to an aircraft (or an airframe or an airframe and one engine which, together with the Engines constituting a part of such Aircraft but not installed thereon at the time of such Event of Loss, constitute such Aircraft) free and clear of all Liens (other than Incohate Liens) and having at least the age (as determined by year of manufacture), value and utility and being in as good an operating condition as such Aircraft subject to such Event of Loss (in each case without taking into account hours, cycles and maintenance schedule) assuming that such Aircraft had been maintained in accordance with the terms of the Mortgage; provided that any aircraft, airframe or engine so substituted hereunder shall be an Airbus A320-200 aircraft or an CFM International Inc., model CFM56-5B4 engine, as applicable; and
(ii) prior to or at the time of any such substitution, the Lessee will:
Replacement Aircraft. If, at the time of withdrawal of a Covered Aircraft from the capacity purchase provisions of this Agreement as a result of the expiration of the head lease related to such Covered Aircraft prior to the end of the Base Term (other than an expiration resulting from a default by Contractor hereunder or under any Ancillary Agreement), (x) at least one fifty-seat Original Aircraft (i) is then being stored by or on behalf of Continental, (ii) has not had a restructuring or impairment charge associated with a planned or actual grounding, (iii) is not the subject of any sublease, and (iv) is not the subject of any contract or other agreement for the sale of such Original Aircraft and (y) after giving effect to such withdrawal, the number of Covered Aircraft will be less than (aa) at any time prior to the first anniversary of the Effective Date, 205 Covered Aircraft or (bb) at any time on or after the first anniversary of the Effective Date, 190 Covered Aircraft,, then such Original Aircraft shall be deemed a Covered Aircraft and become subject to the capacity purchase provisions of this Agreement; provided if, following the delivery of such Original Aircraft to Continental after the Effective Date, such Original Aircraft has been operated by or on behalf of Continental (other than storing such Original Aircraft), then Continental shall cause each such Original Aircraft to be prepared in such livery required by Paragraph 8 of Exhibit G and appropriate configuration prior to its being placed into such service, and Continental shall be responsible for all costs related to such preparation; and further provided that if there is more than one fifty-seat Original Aircraft meeting the conditions set forth in clauses (i) through (iv) above, then Continental shall select the fifty-seat Original Aircraft that shall be deemed a Covered Aircraft pursuant to this Section 2.03. If a Labor Strike that affects Contractor's performance under this Agreement is occurring, the obligations set forth in this Section 2.03 shall be tolled for the duration of such Labor Strike. .
Replacement Aircraft. Should the Renter fail to pay the rent as herein specified, or discontinue the ownership or lease of an aircraft, then this Agreement shall immediately terminate, and City shall have the right to rent the hangar to other parties. Should the Renter desire to retain the hangar space due to the purchase or lease of a replacement aircraft within a period of not more than 60 days from the date of discontinuance of ownership or lease of an aircraft as stated above, upon notification of and approval by the Airport Manager, payment of the required rents, and compliance with the terms and limitations herein, this lease shall remain in effect.
Replacement Aircraft i. If any of the Dedicated Aircraft are not available for a Blade Scheduled Flight due to mechanical issues or other circumstances outside of the Blade Parties’ control (except due to an Event of Force Majeure), at Helijet’s sole cost and expense, Helijet will provide the Blade Parties with an Aircraft of similar specifications and seating capacity (the “Helijet Replacement Aircraft”) in replacement of the Dedicated Aircraft. Notwithstanding anything to the contrary in this Agreement, the Exclusive Rights Purchase Agreement or any of the Ancillary Agreements, if Helijet is unable to provide a Helijet Replacement Aircraft for a Blade Flight from its own fleet of Aircraft, Helijet shall use reasonable best efforts to contract with a third party Canadian licensed air operator to provide aircraft for such Blade Flight (together with the Helijet Replacement Aircraft, the “Replacement Aircraft”), which will not constitute a breach of any exclusivity or similar provisions contained in this Agreement, the Exclusive Rights Purchase Agreement or any of the Ancillary Agreements.
ii. Unless otherwise mutually agreed to, in no event will the rates or pricing for any Replacement Aircraft be more than those set forth in this Agreement for the Dedicated Aircraft that the Replacement Aircraft is replacing.
Replacement Aircraft. (i) If any of the Owned Aircraft are not available for a Blade Flight due to mechanical issues or other circumstances outside of the Blade Parties’ control (except due to an Event of Force Majeure), at the Air Carriers’ sole cost and expense, the Air Carriers will use best efforts to provide the Blade Parties with an Aircraft of similar specifications and seating capacity (the “Air Carrier Replacement Aircraft”) in replacement of such unavailable Owned Aircraft. The Blade Parties recognize that the Air Carriers do not have full control over the availability of the Managed Aircraft. Notwithstanding anything to the contrary in the Agreement, if the Air Carriers are unable to provide an Aircraft for a Blade Flight, the Blade Parties may contract with a third party licensed air operator to provide an aircraft for such Blade Flight and/or operate such Blade Flight, which will not constitute a breach of any exclusivity or similar provisions contained in the Agreement.
(ii) Unless otherwise mutually agreed to, in no event will the rates or pricing for any Air Carrier Replacement Aircraft be more than those set forth in the Agreement for the Aircraft that the Air Carrier Replacement Aircraft is replacing.
Replacement Aircraft. (a) Lessor may, at i ts option, offer to lease to Lessee, as a replacement for an Airframe and Engines with respect to which an Event of Loss has occurred, a Boeing 737-300 airframe (the "Replacement Airframe") and two engines of the same make and model as such Engines (or other engines of the same or another manufacturer suitable for installation and use on the Replacement Airframe; the "Replacement Engines" and, together with the Replacement Airframe, the "Replacement Aircraft"). Such Replacement Aircraft shall be in passenger configuration, duly certified as an airworthy aircraft by the FAA and in good operating condition, but in any event in at least as good operating condition and repair as the Aircraft immediately prior to the occurrence of such Event of Loss, having a useful life and utility comparable to that of the Aircraft to be replaced immediately prior to the occurrence of such Event of Loss, and otherwise satisfactory to Lessee. Lessee shall take such action as Lessor may reasonably request to facilitate the lease of the Replacement Aircraft to Lessee hereunder.
(b) For all purposes hereof, the Replacement Airframe and each Replacement Engine shall be deemed part of the property leased hereunder. The Replacement Airframe shall be deemed an "Airframe" as defined herein, each Replacement Engine shall be deemed an "Engine" as defined herein; and the Replacement Airframe and each Replacement Engine shall be deemed part of such Aircraft to the same extent as was the Airframe or Engine, as the case may be, replaced thereby. Any Engine not installed on the Airframe when such Event of Loss occurred shall continue to be the property of Lessor and leased hereunder as part of such Aircraft. Lessee's acceptance of a Replacement Aircraft shall not result in any change in Basic Rent or Insured Value.
Replacement Aircraft. 34 ARTICLE 12 INSURANCE..................................................... 34 12.1. Public Liability and Property Damage Liability Insurance............................................ 34 12.2. Insurance Against Loss or Damage to the Aircraft..... 35 12.3. Application of Proceeds in an Event of Loss of Aircraft............................................. 36 12.4. Application of Proceeds in the Absence of an Event of Loss........................................ 37 12.5. Reports, etc......................................... 37 12.6. Lessor's Additional Insurance........................ 37 12.7. Lessee's Additional Insurance........................ 38 12.8. Insurance Against Year 2000 Risks and Liability...... 38
Replacement Aircraft. In the event of the non-availability of an aircraft booked pursuant to Section 6(a) above and guaranteed as set forth on Schedules C and D, Wheels Up shall provide Member with an alternate, mission-capable aircraft at a cost no greater than the amount charged for the originally requested aircraft.
