Common use of Rights and Obligations of the Assignor and Assignee Clause in Contracts

Rights and Obligations of the Assignor and Assignee. 3.1 The terms and conditions of the Purchase Agreement shall apply to all claims made in respect of the Warranties and any exercise of the Assigned Rights and shall be binding upon the Assignee and the Assignee shall be subject to all obligations, restrictions, limitations and conditions of the Purchase Agreement with respect to the exercise of such rights or the making of such claim (including, without limitation, (i) the Waiver, Release and Renunciation in Clause 12.5 and (ii) the indemnities and insurance provisions in Clause 19 (copies of which are attached in Exhibit 3 of the Participation Agreement) of the Purchase Agreement) in accordance with Clause 3 of the Participation Agreement, in each case to the same extent as if the Assignee had been named “Buyer” thereunder. 3.2 For as long as this Agreement is in full force and effect, the Assignee and not the Assignor will be responsible for compliance with Clauses 12.5 and Clause 19 of the Purchase Agreement (to the extent provided in the Participation Agreement) in each case in respect of the Aircraft. Upon termination of this Agreement in accordance with Clause 4, the Assignor shall once again be bound by such Clauses with respect to the Aircraft. 3.3 The assignment referred to in Clause 2 shall not constitute a novation of the Purchase Agreement and save as provided in Clause 3.2 and in the Participation Agreement, the Assignor shall not be discharged from any of its obligations under the Purchase Agreement by reason of this Agreement. 3.4 The parties agree, and stipulate in favour of Airbus, that, save to the extent rights are hereby assigned to the Assignee, all other terms of the Purchase Agreement shall continue to apply and have full effect between the Assignor and Airbus and save as provided in Clause 3.2, nothing herein shall modify in any way the rights of Airbus under the Purchase Agreement or subject Airbus to any liability to which it would not otherwise be subject. 3.5 For the avoidance of doubt, the Assignee agrees that it will not, and does not have the power or the authority to enter into any agreement with Airbus which would amend, modify, rescind, cancel or terminate the Purchase Agreement without the prior written consent of the Assignor.

Rights and Obligations of the Assignor and Assignee. 3.1 The terms and conditions of the Purchase Agreement shall apply to all claims made in respect of the Warranties and any exercise of the Assigned Rights and shall be binding upon the Assignee and the Assignee shall be subject to all obligations, restrictions, limitations and conditions of the Purchase Agreement with respect to the exercise of such rights or the making of such claim (including, without limitation, (i) the Waiver, Release and Renunciation in Clause 12.5 and (ii) the indemnities and insurance provisions in Clause 19 (copies of which are attached in Exhibit 3 of the Participation Agreement) of the Purchase Agreement) in accordance with Clause 3 of the Participation Agreement, in each case to the same extent as if the Assignee had been named “Buyer” thereunder). 3.2 For as long as this Agreement is in full force and effect, the Assignee and not the Assignor will be responsible for compliance with Clauses 12.5 and Clause 19 of the Purchase Agreement (to the extent provided in the Participation Agreement) in each case in respect of the Aircraft. Upon termination of this Agreement in accordance with Clause 4, the Assignor shall once again be bound by such Clauses with respect to the Aircraft. 3.3 The assignment referred to in Clause 2 shall not constitute a novation of the Purchase Agreement and save as provided in Clause 3.2 and in the Participation Agreement, the Assignor shall not be discharged from any of its obligations under the Purchase Agreement by reason of this Agreement. 3.4 The parties agree, and stipulate in favour of Airbus, that, save to the extent rights are hereby assigned to the Assignee, all other terms of the Purchase Agreement shall continue to apply and have full effect between the Assignor and Airbus and save as provided in Clause 3.2, nothing herein shall modify in any way the rights of Airbus under the Purchase Agreement or subject Airbus to any liability to which it would not otherwise be subject. 3.5 For the avoidance of doubt, the Assignee agrees that it will not, and does not have the power or the authority to enter into any agreement with Airbus which would amend, modify, rescind, cancel or terminate the Purchase Agreement without the prior written consent of the Assignor.

Rights and Obligations of the Assignor and Assignee. 3.1 The terms and conditions of the Purchase Agreement shall apply to all claims made in respect of the Warranties and any exercise of the Assigned Rights and shall be binding upon the Assignee and the Assignee shall be subject to all obligations, restrictions, limitations and conditions of the Purchase Agreement with respect to the exercise of such rights or the making of any such claim (including, without limitation, (i) the Waiver, Release and Renunciation in Clause 12.5 and (ii) the indemnities and insurance provisions in Clause 19 Clauses 16.6, 19.2 and 19.4 (copies of which are attached in Exhibit 3 of the Participation AgreementSchedule 2 hereto) of the Purchase Agreement) in accordance with Clause 3 of the Participation Agreement, in each case to the same extent as if the Assignee had been named “Buyer” thereunder. 3.2 For as long as this Agreement is in full force and effect, the Assignee and not the Assignor will be responsible for compliance with Clauses 12.5 12.5, 16.6, 19.2 and Clause 19 19.4 of the Purchase Agreement (to the extent provided in the Participation Agreement) in each case in respect of the Aircraft. Upon termination of this Agreement in accordance with Clause Article 4, the Assignor shall once again be bound by such Clauses with respect to the Aircraft. 3.3 The assignment referred to in Clause 2 shall not constitute a novation of the Purchase Agreement and save as provided in Clause 3.2 and in the Participation Agreement, the Assignor shall not be discharged from any of its obligations under the Purchase Agreement by reason of this Agreement, except as expressly provided herein. 3.4 The parties agree, and stipulate in favour favor of Airbus, that, save to the extent rights are hereby assigned to the Assignee, all other terms of the Purchase Agreement shall continue to apply and have full effect between the Assignor and Airbus and save as provided in Clause 3.2, nothing herein shall modify in any way the rights of Airbus under the Purchase Agreement or subject Airbus to any liability to which it would not otherwise be subject. 3.5 For the avoidance of doubt, the Assignee agrees that it will not, and does not have the power or the authority to enter into any agreement with Airbus which would amend, modify, rescind, cancel or terminate the Purchase Agreement without the prior written consent of the Assignor. INTREPID – A330-200F – Form of Airframe Warranties and Support Assignment – Airline – MSN [ ]-A3[ ] 5 CONFIDENTIAL AND PROPRIETARY INFORMATION ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.

Rights and Obligations of the Assignor and Assignee. 3.1 4.1 The Assignee shall have no obligation or liability under the Purchase Agreement by reason of or arising out of this Agreement, provided that to the extent that the Assignee exercises any rights under the Purchase Agreement or makes any claim with respect to the Aircraft or any part thereof, the terms and conditions of the Purchase Agreement shall apply to all claims made in respect of the Warranties and any exercise of the Assigned Rights and shall be binding upon the Assignee and the Assignee shall be subject to all obligations, restrictions, limitations and conditions of the Purchase Agreement with respect to the exercise of such rights or the making of such claim (including, without limitation, (i) the Waiver, Release and Renunciation in Clause 12.5 and (ii) the indemnities and insurance provisions in Clause 19 (copies of which are attached in Exhibit 3 of the Participation Agreement) of the Purchase Agreement) in accordance with Clause 3 of the Participation Agreement, in each case to the same extent as if the Assignee had been named “"Buyer” " thereunder. 3.2 For as long as this Agreement is in full force and effect, the Assignee and not the Assignor will be responsible for compliance with Clauses 12.5 and Clause 19 of the Purchase Agreement (to the extent provided in the Participation Agreement) in each case in respect of the Aircraft. Upon termination of this Agreement in accordance with Clause 4, the Assignor shall once again be bound by such Clauses with respect to the Aircraft. 3.3 4.2 The assignment referred to in Clause 2 Section 2.1 shall not constitute a novation of the Purchase Agreement and save as provided in Clause 3.2 and in the Participation Agreement. Notwithstanding this Agreement, the Assignor shall remain fully liable to Airbus to perform all the obligations and duties of the "Buyer" under the Purchase Agreement and the exercise by the Assignee of any of the rights assigned hereunder shall not be discharged release the Assignor from any of its duties or obligations to Airbus under the Purchase Agreement Agreement, save to the extent that such exercise by reason the Assignee shall constitute performance of this Agreementsuch duties and obligations. 3.4 4.3 The parties agree, and stipulate in favour of Airbus, that, save to the extent rights are hereby assigned to the Assignee, all other terms of the Purchase Agreement shall continue to apply and have full effect between the Assignor and Airbus and save as provided in Clause 3.2, nothing herein shall modify in any way the rights of Airbus under the Purchase Agreement or subject Airbus to any liability liabilities, obligations, costs, losses, expenses or damages to which it would not otherwise be subject. 3.5 For the avoidance of doubt, the Assignee agrees that it will not, and does not have the power or the authority to enter into any agreement with Airbus which would amend, modify, rescind, cancel or terminate the Purchase Agreement without the prior written consent of the Assignor.

Rights and Obligations of the Assignor and Assignee. 3.1 4.1 The Assignee shall have no obligation, duty or liability under the Purchase Agreement by reason of or arising out of this Agreement or be obligated to perform any of the obligations or the duties of the Assignor under the Purchase Agreement, provided that to the extent that the Assignee exercises any rights under the Purchase Agreement or makes any claim with respect to the Aircraft or any Part thereof, the terms and conditions of the Purchase Agreement governing the exercise of such rights shall apply to all claims made in respect of the Warranties and any exercise of the Assigned Rights and shall be binding upon the Assignee and the Assignee shall be subject to all obligations, restrictions, limitations and conditions of the Purchase Agreement with respect to governing the exercise of such rights or the making of such claim (including, without limitation, (i) the Waiver, Release and Renunciation in Clause 12.5 and (ii) the indemnities and insurance provisions in Clause 19 (copies of which are attached in Exhibit 3 of the Participation Agreement) of the Purchase Agreement) in accordance with Clause 3 of the Participation Agreement, in each case [**] to the same extent as if the Assignee had been named “Buyer” thereunderthereunder and so long as Assignee has been provided with excerpts of the relevant Purchase Agreement provisions setting forth those terms and conditions. 3.2 For as long as this Agreement is in full force and effect, the Assignee and not the Assignor will be responsible for compliance with Clauses 12.5 and Clause 19 of the Purchase Agreement (to the extent provided in the Participation Agreement) in each case in respect of the Aircraft. Upon termination of this Agreement in accordance with Clause 4, the Assignor shall once again be bound by such Clauses with respect to the Aircraft. 3.3 4.2 The assignment referred to in Clause 2 2.1 shall not constitute a novation of the Purchase Agreement and save as provided in Clause 3.2 and in the Participation Agreement. Notwithstanding this Agreement, the Assignor shall remain fully liable to Airbus to perform all the obligations and duties of the “Buyer” under the Purchase Agreement and the exercise by the Assignee of any of the rights assigned hereunder shall not be discharged release the Assignor from any of its duties or obligations to Airbus under the Purchase Agreement Agreement, save to the extent that such exercise by reason the Assignee shall constitute performance of this Agreementsuch duties and obligations. 3.4 4.3 The parties Parties agree, and stipulate in favour of Airbus, that, save to the extent rights are hereby assigned to the Assignee, all other terms of the Purchase Agreement shall continue to apply and have full effect between the Assignor and Airbus and save as provided in Clause 3.2, nothing herein shall modify in any way the rights of Airbus under the Purchase Agreement or subject Airbus to any liability liabilities, obligations, costs, losses, expenses or damages to which it would not otherwise be subject. 3.5 For the avoidance of doubt, the Assignee agrees that it will not, and does not have the power or the authority to enter into any agreement with Airbus which would amend, modify, rescind, cancel or terminate the Purchase Agreement without the prior written consent of the Assignor.