Common use of Return and Proof Clause in Contracts

Return and Proof. The Lessee's remedy and the Lessor's obligation and liability under this Subparagraph 12.9, with respect to each defect, are also conditioned upon: (a) the return by the Lessee as soon as practicable to the return location specified in the applicable Lease, or such other place as may be mutually agreeable, of the Leased Part claimed to be defective, and (b) the submission by the Lessee to the Lessor's warranty administrator of reasonable proof that the claimed defect is due to a matter embraced within the Lessor's warranty under this Subparagraph 12.9 and that such defect did not result from any act or omission of the Lessee, including but not limited to any failure to operate or maintain the Leased Part claimed to be defective or the Aircraft in which it was installed in accordance with the Lessee's FAA-approved maintenance program.

Appears in 4 contracts

Samples: Purchase Agreement (Us Airways Inc), Purchase Agreement (Us Airways Inc), Purchase Agreement (Us Airways Inc)

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Return and Proof. The Lessee's ’s remedy and the Lessor's ’s obligation and liability under this Subparagraph sub-Clause 12.9, with respect to each defect, are also conditioned upon: (a) the return by the Lessee as soon as practicable to the return location specified in the applicable Lease, or such other place as may be mutually agreeableagreed upon, of the Leased Part claimed to be defective, defective and (b) the submission by the Lessee to the Lessor's ’s warranty administrator of reasonable proof that the claimed defect is due to a matter embraced within the Lessor's ’s warranty under this Subparagraph sub-Clause 12.9 and that such defect did not result from any act or omission of the Lessee, including but not limited to any failure to operate or maintain the Leased Part claimed to be defective or the Aircraft in which it was installed in accordance with applicable governmental regulations and the Lessee's FAA-approved maintenance programLessor’s applicable written instructions.

Appears in 2 contracts

Samples: Purchase Agreement (Avianca Holdings S.A.), Purchase Agreement (Avianca Holdings S.A.)

Return and Proof. The Lessee's ’s remedy and the Lessor's ’s obligation and liability under this Subparagraph Paragraph 12.9, with respect to each defect, are also conditioned upon: (a) the return by the Lessee as soon as reasonably practicable to the return location specified in the applicable Lease, or such other place as may be mutually agreeable, of the Leased Part claimed to be defective, and (b) the submission by the Lessee to the Lessor's ’s warranty administrator of reasonable proof that the claimed defect is due to a matter embraced within the Lessor's ’s warranty under this Subparagraph Paragraph 12.9 and that such defect did not result from any act or omission of the Lessee, including but not limited to any failure to operate or maintain the Leased Part claimed to be defective or the Aircraft in which it was installed in accordance with applicable governmental regulations and the Lessee's FAA-approved maintenance programLessor’s applicable written instructions.

Appears in 2 contracts

Samples: Purchase Agreement (Spirit Airlines, Inc.), Purchase Agreement (Spirit Airlines, Inc.)

Return and Proof. The Lessee's ’s remedy and the Lessor's ’s obligation and liability under this Subparagraph 12.9, with respect to each defect, are also conditioned upon: (a) the return by the Lessee as soon as practicable to the return location specified in the applicable Lease, or such other place as may be mutually agreeable, of the Leased Part claimed to be defective, and (b) the submission by the Lessee to the Lessor's ’s warranty administrator of reasonable proof that the claimed defect is due to a matter embraced within the Lessor's ’s warranty under this Subparagraph 12.9 and that such defect did not result from any act or omission of the Lessee, including but not limited to any failure to operate or maintain the Leased Part claimed to be defective or the Aircraft in which it was installed in accordance with applicable governmental regulations and the Lessee's FAA-approved maintenance programLessor’s applicable written instructions.

Appears in 1 contract

Samples: Purchase Agreement (Flyi Inc)

Return and Proof. The Lessee's ’s remedy and the Lessor's ’s obligation and liability under this Subparagraph Paragraph 12.9, with respect to each defect, are also conditioned upon: (a) the return by the Lessee as soon as practicable to the return location specified in the applicable Lease, or such other place as may be mutually agreeable, of the Leased Part claimed to be defective, and (b) the submission by the Lessee to the Lessor's ’s warranty administrator of reasonable proof that the claimed defect is due to a matter embraced within the Lessor's ’s warranty under this Subparagraph Paragraph 12.9 and that such defect did not result from any act or omission of the Lessee, including but not limited to any failure to operate or maintain the Leased Part claimed to be defective or the Aircraft in which it was installed in accordance with applicable governmental regulations and the Lessee's FAA-approved maintenance programLessor’s applicable written instructions.

Appears in 1 contract

Samples: Purchase Agreement (Hawaiian Holdings Inc)

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Return and Proof. The Lessee's remedy and the Lessor's obligation and liability under this Subparagraph Paragraph 12.9, with respect to each defect, are also conditioned upon: (a) the return by the Lessee as soon as reasonably practicable to the return location specified in the applicable Lease, or such other place as may be mutually agreeable, of the Leased Part claimed to be defective, and (b) the submission by the Lessee to the Lessor's warranty administrator of reasonable proof that the claimed defect is due to a matter embraced within the Lessor's warranty under this Subparagraph Paragraph 12.9 and that such defect did not result from any act or omission of the Lessee, including but not limited to any failure to operate or maintain the Leased Part claimed to be defective or the Aircraft in which it was installed in accordance with applicable governmental regulations and the LesseeLessor's FAA-approved maintenance programapplicable written instructions.

Appears in 1 contract

Samples: Purchase Agreement (Spirit Airlines, Inc.)

Return and Proof. The Lessee's remedy and the Lessor's obligation and liability under this Subparagraph sub-Clause 12.9, with respect to each defect, are also conditioned upon: (a) the return by the Lessee as soon as practicable to the return location specified in the applicable Lease, or such other place as may be mutually agreeableagreed upon, of the Leased Part claimed to be defective, defective and (b) the submission by the Lessee to the Lessor's warranty administrator of reasonable proof that the claimed defect is due to a matter embraced within the Lessor's warranty under this Subparagraph sub-Clause 12.9 and that such defect did not result from any act or omission of the Lessee, including but not limited to any failure to operate or maintain the Leased Part claimed to be defective or the Aircraft in which it was installed in accordance with applicable governmental regulations and the LesseeLessor's FAA-approved maintenance programapplicable written instructions.

Appears in 1 contract

Samples: Purchase Agreement (Tam S.A.)

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