Common use of Replacement of Parts Alterations Modifications and Additions Clause in Contracts

Replacement of Parts Alterations Modifications and Additions. (a) Replacement of Parts Lessee, at its own cost and expense, shall promptly replace all Parts which, from time to time, may become worn out, lost, stolen, destroyed, seized, confiscated, damaged beyond repair or permanently rendered unfit for use for any reason whatsoever. In addition, in the ordinary course of maintenance, service, repair, overhaul or testing during the Term, Lessee may at its own cost and expense cause to be removed any Parts, whether or not worn out, destroyed, damaged beyond repair or permanently rendered unfit for use, provided that Lessee shall replace at its own cost and expense such Parts as promptly as practicable. All replacement Parts shall be free and clear of all Liens, other than Liens permitted by Section 14 hereof, shall be in at least the same modification status and service bulletin accomplishment status, shall be fully interchangeable as to form, fit and function, shall have been overhauled, repaired and inspected by an agency acceptable to the DAC and shall be in as good an operating condition as, and have a utility at least equal to and a value and remaining warranty reasonably approximating, the Parts replaced (assuming such replaced parts were in the condition and repair in which they were required to be maintained by the terms hereof). All historical records relating to such Parts shall be maintained by Lessee. Notwithstanding the foregoing provision, the right of Lessee to utilize an agency acceptable to the DAC shall not be construed as modifying Lessee's obligations under Section 16 and Exhibit E with respect to return of the Aircraft in accordance with the standards and requirements of the DAC as therein provided. All Parts owned by Owner or Lessor which are at any time removed from the Aircraft shall remain the property of Owner or Lessor, as the case may be, and subject to this Lease, no matter where located, until such time as such Parts shall be replaced by Parts which have been incorporated or installed in or attached to the Aircraft and which meet the requirements for replacement Parts specified above. Immediately upon any replacement Part becoming incorporated or installed in or attached to the Aircraft as above provided, (i) title to the removed part shall thereupon vest in Lessee, free and clear of all rights of Owner and Lessor and of Lessor's Liens, (ii) title to such replacement part shall thereupon vest solely in Owner and (iii) such replacement part shall become subject to this Lease and be deemed a Part for all purposes hereof to the same extent as the Part which it has replaced.

Replacement of Parts Alterations Modifications and Additions. (a) Replacement In case any Part, component or unit of Parts Lesseethe Equipment is required to be altered or modified, at its own cost and expenseor any equipment or appliance on any item of Equipment is required to be altered, shall promptly replace all Parts whichadded, from time to time, may become worn out, lost, stolen, destroyed, seized, confiscated, damaged beyond repair replaced or permanently rendered unfit for use for any reason whatsoever. In additionmodified, in the ordinary course of maintenanceeither case in order to comply with applicable laws, serviceregulations, repairrequirements or rules (“Required Alteration”), overhaul Arabica shall be obligated to make or testing during the Term, Lessee may at its own cost and expense cause to be removed any Partsmade such Required Alteration. Arabica has entered into the Supplemental Agreement with the Company, whether under which the Company has agreed to make or not worn outcause to be made such Required Alterations, destroyed, damaged beyond repair or permanently rendered unfit for use, provided that Lessee shall replace at its own cost and expense such Parts as promptly as practicable. All replacement Parts shall Arabica and the Company have agreed on the amount to be free and clear of all Liens, other than Liens permitted paid by Section 14 hereof, shall be in at least the same modification status and service bulletin accomplishment status, shall be fully interchangeable as to form, fit and function, shall have been overhauled, repaired and inspected by an agency acceptable Arabica to the DAC and shall be Company in as good an operating condition as, and have a utility at least equal to and a value and remaining warranty reasonably approximating, reimbursement of the Parts replaced (assuming such replaced parts were costs incurred by the Company in the condition and repair in which they were required making or causing to be maintained by the terms hereof)made such Required Alterations. All historical records relating to such Parts Such Required Alterations shall immediately be maintained by Lessee. Notwithstanding the foregoing provision, the right of Lessee to utilize an agency acceptable to the DAC shall not be construed as modifying Lessee's obligations under Section 16 and Exhibit E with respect to return become part of the Aircraft in accordance with the standards and requirements of the DAC as therein provided. All Parts owned by Owner or Lessor which are at any time removed from the Aircraft shall remain the property of Owner or Lessor, as the case may be, Equipment and subject to the terms of this LeaseAgreement, no matter where locatedand title thereto shall vest in Arabica. All Parts, until such time as such Parts shall be replaced by Parts which have been equipment and appliances incorporated or installed in or attached to the Aircraft any item of Equipment in connection with servicing, repairing, maintaining and which meet overhauling any item of Equipment pursuant to the requirements for replacement Parts specified aboveof Sections 10 or 11 hereof (“Replacement”) shall be considered accessions to such item of Equipment and shall immediately, without further act, be and become part of the Equipment, and title thereto shall vest in Arabica. Immediately upon The Company may, without the prior written consent of Arabica, affix or install any replacement Part becoming incorporated accessory, equipment or installed in device on the Equipment or attached to the Aircraft as above make any improvement or addition thereto other than a Required Alteration or Replacement (“Improvement”); provided, that, (i) a nonremovable Improvement may be made to the Equipment only if such Improvement does not reduce the value of the Equipment and (ii) any other Improvement may be made to the Equipment only if such Improvement is readily removable without causing damage to the Equipment or impairing the value, utility or condition the Equipment would have had if such Improvement had not been so affixed or installed. Nonremovable Improvements shall be considered accessions to the Equipment and shall immediately without further act, be and become part of the Equipment, and title thereto shall vest in Arabica. At the time title to any replacement Part, equipment or appliance has become vested in Arabica pursuant to the provisions of this Section 11, title to the removed part part, equipment or appliance replaced thereby shall thereupon vest in Lessee, free the Company and clear of all rights of Owner and Lessor and of Lessor's Liens, (ii) title to such replacement part Arabica shall thereupon vest solely in Owner and (iii) such replacement part shall become subject to this Lease and be deemed a Part for all purposes hereof to the same extent as the Part which it has replacedhave released any Lien thereon and any interest therein.

Replacement of Parts Alterations Modifications and Additions. (a) Replacement In case any Part, component or unit of Parts Lesseethe Leased Assets is required to be altered or modified, at its own cost and expenseor any equipment or appliance on any Leased Asset is required to be altered, shall promptly replace all Parts whichadded, from time to time, may become worn out, lost, stolen, destroyed, seized, confiscated, damaged beyond repair replaced or permanently rendered unfit for use for any reason whatsoever. In additionmodified, in the ordinary course of maintenanceeither case in order to comply with applicable law (a “Required Alteration”), service, repair, overhaul TCO shall be obligated to make or testing during the Term, Lessee may at its own cost and expense cause to be removed any Parts, whether made such Required Alteration. TCO intends to enter into the Supplemental Agreement with Tensar pursuant to which Tensar will make or not worn out, destroyed, damaged beyond repair or permanently rendered unfit for use, provided that Lessee shall replace at its own cost and expense such Parts as promptly as practicable. All replacement Parts shall be free and clear of all Liens, other than Liens permitted by Section 14 hereof, shall be in at least the same modification status and service bulletin accomplishment status, shall be fully interchangeable as to form, fit and function, shall have been overhauled, repaired and inspected by an agency acceptable to the DAC and shall be in as good an operating condition as, and have a utility at least equal to and a value and remaining warranty reasonably approximating, the Parts replaced (assuming such replaced parts were in the condition and repair in which they were required cause to be maintained by the terms hereof)made such Required Alterations. All historical records relating to such Parts Such Required Alterations shall immediately be maintained by Lessee. Notwithstanding the foregoing provision, the right of Lessee to utilize an agency acceptable to the DAC shall not be construed as modifying Lessee's obligations under Section 16 and Exhibit E with respect to return become part of the Aircraft in accordance with the standards and requirements of the DAC as therein provided. All Parts owned by Owner or Lessor which are at any time removed from the Aircraft shall remain the property of Owner or Lessor, as the case may be, Leased Assets and subject to the terms of this LeaseAgreement, no matter where locatedand title thereto shall vest in TCO. All Parts, until such time as such Parts shall be replaced by Parts which have been equipment and appliances incorporated or installed in or attached to the Aircraft any Leased Asset in connection with servicing, repairing, maintaining and which meet overhauling any Leased Asset pursuant to the requirements for replacement Parts specified aboveof Sections 10 or 11 hereof (“Replacement”) shall be considered accessions to such Leased Asset and shall immediately, without further act, be and become part of the Leased Asset, and title thereto shall vest in TCO. Immediately upon Tensar may, without the prior written consent of TCO, affix or install any replacement Part becoming incorporated accessory, equipment or installed in device on any Leased Asset or attached to the Aircraft as above make any improvement or addition thereto other than a Required Alteration or Replacement (“Improvement”); provided, that (i) a nonremovable Improvement may be made to the Leased Asset only if such Improvement does not reduce the value of the Leased Asset and (ii) any other Improvement may be made to the Leased Asset only if such Improvement is readily removable without causing damage to the Leased Asset or impairing the value, utility or condition the Leased Asset would have had if such Improvement had not been so affixed or installed. Nonremovable Improvements shall be considered accessions to the Leased Asset and shall immediately without further act be and become part of the Leased Asset, and title thereto shall vest in TCO. At the time title to any replacement Part, equipment or appliance has become vested in TCO pursuant to the provisions of this Section 11, title to the removed part Part, equipment or appliance replaced thereby shall thereupon vest in LesseeTensar, free and clear of all rights of Owner and Lessor and of Lessor's Liens, (ii) title to such replacement part shall thereupon vest solely in Owner and (iii) such replacement part shall become subject to this Lease and be deemed a Part for all purposes hereof to the same extent as Lien thereon created under the Part which it has replacedSecurity Documents.

Replacement of Parts Alterations Modifications and Additions. (a) Replacement of Parts LesseeLessee may, at its own cost and expense, shall promptly replace all Parts which, from time to time, may become worn out, lost, stolen, destroyed, seized, confiscated, damaged beyond repair or permanently rendered unfit for use for any reason whatsoever. In addition, remove in the ordinary course of maintenance, service, repair, overhaul or testing during the Termtesting, any Part or Engine, provided, --------- however, that Lessee may will, at its own cost and expense expense, replace such Part or ------- Engine or cause such Part or Engine to be removed any Partsreplaced, whether or not worn out, destroyed, damaged beyond repair or permanently rendered unfit for use, provided that Lessee shall replace at its own cost and expense such Parts as promptly as practicable. All replacement Parts Lessee may, if essential to its operations, use or install temporary parts, accessories, devices or other equipment on or in the Aircraft consistent with its normal operations and applicable Law, provided that such temporary items -------- shall be free replaced with a Part or Engine in compliance with this Lease as soon as possible. Any such Part, Engine, equipment or appliance shall immediately be and clear become the property of all Liens, other than Liens permitted by Section 14 hereof, shall be in at least Lessor and part of the same modification status Aircraft and service bulletin accomplishment status, shall be fully interchangeable as to form, fit and function, shall have been overhauled, repaired and inspected by an agency acceptable subject to the DAC and shall be in as good an operating condition as, and have a utility at least equal to and a value and remaining warranty reasonably approximating, terms of this Lease. In case any part of the Parts replaced (assuming such replaced parts were in the condition and repair in which they were Aircraft is required to be maintained by altered or modified, or any equipment or appliance is required to be altered, added, replaced or modified on any Airframes or any Engine or in either case in order to comply with the terms Laws or Governmental Authority having jurisdiction over the Aircraft (a "Required Alteration") pursuant to Sections 9 or 10 hereof), Lessee ------------------- ---------------- agrees to make such Required Alteration at its own expense. All historical records relating to Any such Parts Required Alteration shall immediately be maintained by Lessee. Notwithstanding and become the foregoing provision, the right property of Lessee to utilize an agency acceptable to the DAC shall not be construed as modifying Lessee's obligations under Section 16 Lessor and Exhibit E with respect to return part of the Aircraft in accordance with and subject to the standards and requirements terms of the DAC as therein providedthis Lease. All Parts owned by Owner or Lessor which are at Engines incorporated or installed in or attached to any time removed from Airframe or any Engine in connection with servicing, repairing, maintaining and overhauling the Aircraft pursuant to the requirements hereof (a "Replacement") shall remain be considered ----------- accessions to such Airframe or the property of Owner Engine or LessorEnginess, as the case may be, and subject to this Leaseshall immediately, no matter where locatedwithout further act, until such time as such Parts shall be replaced by Parts which have been incorporated or installed in or attached to and become the property of Lessor and part of the Aircraft and which meet the requirements for replacement Parts specified above. Immediately upon any replacement Part becoming incorporated or installed in or attached subject to the Aircraft as above providedterms of this Lease. Lessee shall purchase any Part or Engine to be replaced, altered or modified pursuant to this Section 11 in the name of Lessor. Such Part or Engines shall have a value and ----------- utility, useful life, maintenance status (iassuming maintenance is then in compliance with this Lease) title and good operating condition at least equal to the removed part shall thereupon vest in Lessee, Parts or Engine(s) being replaced (without regard to temporary Parts or Engines referred to above) and be free and clear of all rights Liens (other than Permitted Liens). Lessee shall, upon the reasonable request by Lessor, deliver to Lessor a legal opinion in form and substance satisfactory to Lessor stating that title and ownership to such Required Alteration or Replacement have been duly conveyed to Lessor under applicable Law and any security interest of Owner and Lessor and therein has been perfected under applicable Law. Lessee may, without the prior written consent of Lessor's Liens, affix or install any Part on any Airframe or any Engine or install any Engine on such Airframe, or make any improvement or addition thereto other than a Required Alteration or Replacement (iian "Improvement"); provided ----------- -------- that such Improvement is readily removable without causing material damage (Lessee shall repair at its expense any damage caused by such removal) title to such replacement part shall thereupon vest solely in Owner and (iii) Airframe or such replacement part shall become subject to this Lease and be deemed a Part for all purposes hereof Engine prior to the same extent as return of the Aircraft to Lessor or impairing the value, utility or condition which such Airframe or Engine would have had if such Improvement had not been so affixed or installed. Lessee may at any time during the Lease Term remove such removable Improvement at its own expense without causing at any time during the term material damage to any Airframe or any Engine; provided that Lessee shall repair any damage caused by -------- such removal, and upon such removal title thereto shall, without further act, vest in Lessee free and clear of all Lessor Liens. In addition, Lessee may, without the prior written consent of Lessor, remove any Part that Lessee in the proper conduct of its business determines to be obsolete or no longer suitable or appropriate for use on any Airframe or any Engine; provided that no such -------- removal materially impairs the value, utility, useful life or condition which it has replacedsuch Airframe or Engine would have had if such removal had not been made and Lessee shall repair any damage caused by such removal. Lessee shall not modify the Aircraft (including any Airframe and any Engine) without the prior written consent of Lessor.

Replacement of Parts Alterations Modifications and Additions. (a) Replacement of Parts Lessee, at its own cost and expense, shall promptly replace all Parts which, from time to time, may become worn out, lost, stolen, destroyed, seized, confiscated, damaged beyond repair or permanently rendered unfit for use for any reason whatsoever. In addition, in the ordinary course of maintenance, service, repair, overhaul or testing during the Term, Lessee may at its own cost and expense cause to be removed any Parts, whether or not worn out, destroyed, damaged beyond repair or permanently rendered unfit for use, provided that Lessee shall replace at its own cost and expense such Parts as promptly as practicable. All replacement Parts shall be free and clear of all Liens, other than Liens permitted by Section 14 hereof, shall be in at least the same modification status and service bulletin accomplishment status, shall be fully interchangeable as to form, fit and function, shall have been overhauled, repaired and inspected by an agency acceptable to the DAC and shall be in as good an operating condition as, and have a utility at least equal to and a value and remaining warranty reasonably approximating, the Parts replaced (assuming such replaced parts were in the condition and repair in which they were required to be maintained by the terms hereof). All historical records relating to such Parts shall be maintained by Lessee. Notwithstanding the foregoing provision, the right of Lessee to utilize an agency acceptable to the DAC shall not be construed as modifying Lessee's obligations under Section 16 and Exhibit E with respect to return of the Aircraft in accordance with the standards and requirements of the DAC as therein provided. All Parts owned by Owner or Lessor which are at any time removed from the Aircraft shall remain the property of Owner or Lessor, as the case may be, and subject to this Lease, no matter where located, until such time as such Parts shall be replaced by Parts which have been incorporated or installed in or attached to the Aircraft and which meet the requirements for replacement Parts specified above. Immediately upon any replacement Part becoming incorporated or installed in or attached to the Aircraft as above provided, (i) title to the removed part shall thereupon vest in Lessee, free and clear of all rights of Owner and Lessor and of Lessor's Liens, (ii) title to such replacement part shall thereupon vest solely in Owner and (iii) such replacement part shall become subject to this Lease and be deemed a Part for all purposes hereof to the same extent as the Part which it has replaced.

Replacement of Parts Alterations Modifications and Additions. (a) Replacement In case any Part, component or unit of Parts Lesseethe Equipment is required to be altered or modified, at its own cost and expenseor any equipment or appliance on any item of Equipment is required to be altered, shall promptly replace all Parts whichadded, from time to time, may become worn out, lost, stolen, destroyed, seized, confiscated, damaged beyond repair replaced or permanently rendered unfit for use for any reason whatsoever. In additionmodified, in the ordinary course of maintenanceeither case in order to comply with applicable laws, serviceregulations, repairrequirements or rules ("REQUIRED ALTERATION"), overhaul Arabica shall be obligated to make or testing during the Term, Lessee may at its own cost and expense cause to be removed any Partsmade such Required Alteration. Arabica has entered into the Supplemental Agreement with the Company, whether under which the Company has agreed to make or not worn outcause to be made such Required Alterations, destroyed, damaged beyond repair or permanently rendered unfit for use, provided that Lessee shall replace at its own cost and expense such Parts as promptly as practicable. All replacement Parts shall Arabica and the Company have agreed on the amount to be free and clear of all Liens, other than Liens permitted paid by Section 14 hereof, shall be in at least the same modification status and service bulletin accomplishment status, shall be fully interchangeable as to form, fit and function, shall have been overhauled, repaired and inspected by an agency acceptable Arabica to the DAC and shall be Company in as good an operating condition as, and have a utility at least equal to and a value and remaining warranty reasonably approximating, reimbursement of the Parts replaced (assuming such replaced parts were costs incurred by the Company in the condition and repair in which they were required making or causing to be maintained by the terms hereof)made such Required Alterations. All historical records relating to such Parts Such Required Alterations shall immediately be maintained by Lessee. Notwithstanding the foregoing provision, the right of Lessee to utilize an agency acceptable to the DAC shall not be construed as modifying Lessee's obligations under Section 16 and Exhibit E with respect to return become part of the Aircraft in accordance with the standards and requirements of the DAC as therein provided. All Parts owned by Owner or Lessor which are at any time removed from the Aircraft shall remain the property of Owner or Lessor, as the case may be, Equipment and subject to the terms of this LeaseAgreement, no matter where locatedand title thereto shall vest in Arabica. All Parts, until such time as such Parts shall be replaced by Parts which have been equipment and appliances incorporated or installed in or attached to the Aircraft any item of Equipment in connection with servicing, repairing, maintaining and which meet overhauling any item of Equipment pursuant to the requirements for replacement Parts specified aboveof Sections 10 or 11 hereof ("REPLACEMENT") shall be considered accessions to such item of Equipment and shall immediately, without further act, be and become part of the Equipment, and title thereto shall vest in Arabica. Immediately upon The Company may, without the prior written consent of Arabica, affix or install any replacement Part becoming incorporated accessory, equipment or installed in device on the Equipment or attached to the Aircraft as above make any improvement or addition thereto other than a Required Alteration or Replacement ("IMPROVEMENT"); provided, that, (i) a nonremovable Improvement may be made to the Equipment only if such Improvement does not reduce the value of the Equipment and (ii) any other Improvement may be made to the Equipment only if such Improvement is readily removable without causing damage to the Equipment or impairing the value, utility or condition the Equipment would have had if such Improvement had not been so affixed or installed. Nonremovable Improvements shall be considered accessions to the Equipment and shall immediately without further act, be and become part of the Equipment, and title thereto shall vest in Arabica. At the time title to any replacement Part, equipment or appliance has become vested in Arabica pursuant to the provisions of this Section 11, title to the removed part part, equipment or appliance replaced thereby shall thereupon vest in Lessee, free the Company and clear of all rights of Owner and Lessor and of Lessor's Liens, (ii) title to such replacement part Arabica shall thereupon vest solely in Owner and (iii) such replacement part shall become subject to this Lease and be deemed a Part for all purposes hereof to the same extent as the Part which it has replacedhave released any Lien thereon and any interest therein.