Common use of Specific Engine Requirements Clause in Contracts

Specific Engine Requirements. 11.2.1 No Engine will remain in an unserviceable condition for more than ninety (90) days. Notwithstanding the foregoing, such period may be extended to one hundred eighty (180) days, provided that (i) Lessee has caused the relevant Engine to be inducted into an FAA approved maintenance repair organization in a timely manner, (ii) such delay in return to serviceability is due to factors beyond Lessee’s control, (iii) the relevant Engine is not in an unserviceable condition on the Expiration Date, and (iv) Lessee uses diligent efforts to return the Engine to a serviceable condition as soon as possible, provided that Lessee has provided evidence of (i), (ii), to the extent applicable (iii), and (iv), all to Lessor’s reasonable satisfaction. 11.2.2 When replacing Parts in an Engine, Lessee will utilize only original equipment manufacturer parts (OEM parts). The foregoing will not apply to QEC and thrust reverser Parts. No FAA Designated Engineering Representative (DER) repairs will be allowed on the Engines, except with Lessor’s prior written approval, which shall not be unreasonably withheld. 11.2.3 Lessee will not discriminate against the Engines with respect to Overhaul build standards and LLP replacements as compared with other engines of the same make and model of the Engines operated by Lessee. 11.2.4 With respect to any Engine shop visit of an Engine, Lessee will submit to Lessor at least thirty (30) days in advance the intended work scope of such shop visit for approval unless the shop visit is unscheduled, in which case the work scope will be submitted immediately when it becomes available to Lessee. 11.2.5 Lessee will not enter into any engine maintenance cost per flight hour, power-by-the-hour or similar agreement with the Engine manufacturer or any other Engine maintenance facility or organization without Lessor’s prior written consent. Lessee will at its cost be responsible for performing all work necessary to meet the return conditions with respect to the Engines set forth in Article 21 even if such work is not covered by Lessee’s engine maintenance agreement. Without limiting the foregoing, any such Engine maintenance agreement will provide that: (a) Lessor will receive and retain the monthly Engine Performance Restoration Maintenance Funds paid by Lessee until an Engine Performance Restoration Shop Visit has been completed; (b) Lessee will pay the Engine maintenance facility directly for any Engine Overhaul and repair costs (but not for any additional work requested by Lessor); and (c) Lessee will pay the Engine maintenance facility directly for any services provided by the Engine maintenance facility over and above repair of the Engines, such as trend monitoring, spare engines or spare parts. Notwithstanding the foregoing, the parties recognize that the Engines will be subject to the fleet hour agreement between Lessee and the Engine manufacturer in effect on the Delivery Date.

Appears in 2 contracts

Samples: Aircraft Lease Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.), Aircraft Lease Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.)

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Specific Engine Requirements. 11.2.1 12.2.1 No Engine will remain in an unserviceable condition for more than ninety three (903) days. Notwithstanding the foregoing, months unless engine restoration is ongoing and has not been suspended or delayed without reasonable technical cause and LESSEE uses commercially reasonable efforts to cause such period may be extended to one hundred eighty (180) days, provided that (i) Lessee has caused the relevant Engine to be inducted into an FAA approved maintenance repair organization in a timely manner, (ii) such delay in return returned to serviceability is due to factors beyond Lessee’s control, (iii) the relevant Engine is not in an unserviceable condition on the Expiration Date, and (iv) Lessee uses diligent efforts to return the Engine to a serviceable condition as soon as possible, provided that Lessee has provided evidence of (i), (ii), to the extent applicable (iii), and (iv), all to Lessor’s reasonable satisfactionservice. 11.2.2 12.2.2 When replacing Parts in an Enginethe Engines, Lessee LESSEE will utilize only original equipment manufacturer parts (OEM parts). The foregoing will not apply to QEC and thrust reverser Parts. No FAA Designated Engineering Representative (DER) repairs will be allowed on the Engines, except with Lessor’s prior written approval, which shall not be unreasonably withheld. 11.2.3 Lessee 12.2.3 LESSEE will not discriminate against the Engines with respect to Overhaul build standards and LLP life-limited Part replacements as compared with other engines and, in any event, at each performance restoration shop visit on an Engine, LESSEE will (a) build the Engine life-limited Parts to at least 8,000 cycles remaining and (b) perform, at a minimum, a performance restoration workscope sufficient to allow such Engine to achieve at least 8,000 hours and 8,000 cycles of operation following such shop visit. Notwithstanding the foregoing, LESSOR agrees that the performance restoration workscope contained in the maintenance cost per flight hour when agreed to among LESSEE, LESSOR and LESSEE's engine maintenance provider will be substituted for the performance restoration workscope described above. Failing the foregoing, LESSOR and LESSEE agree to negotiate in good faith and agree on a performance restoration workscope for the last engine shop visit which is reasonable in view of the same make age and model condition of the Engines operated by LesseeEngine, the required condition at return and the cost of such restoration to LESSEE and LESSOR. 11.2.4 12.2.4 With respect to any the last Engine shop visit of an EngineEngine prior to return of the Aircraft, Lessee LESSEE will submit to Lessor at least thirty (30) days LESSOR in advance the intended work scope workscope of such shop visit for approval unless the visit. If LESSOR requests, LESSEE will perform additional work at such shop visit is unscheduledat LESSOR's cost provided that if the same shall result in delay in redelivery, extension of the Lease Term or cause the Engine to be removed from service for a period in which case excess of the work scope period the Engine would have been removed to revenue service absent such additional work, no Rent or other costs will be submitted immediately when it becomes available payable by LESSEE for the period which is attributable solely to LesseeLESSOR's requested work (unless and to the extent LESSOR and LESSEE shall have otherwise agreed in writing). 11.2.5 Lessee 12.2.5 Except as otherwise agreed by the parties (including, pursuant to any side letter) LESSEE will not enter into any engine Engine maintenance cost per flight hour, power-by-the-hour horn or similar agreement with the Engine manufacturer or any other Engine maintenance facility or organization without Lessor’s LESSOR's prior written consentconsent which consent shall not be unreasonably withheld or delayed. Lessee LESSEE will at its cost be responsible for performing all work word necessary to meet the return conditions with respect to the Engines set forth in Article 21 23 even if such work is not covered by Lessee’s engine LESSEE's Engine maintenance agreement. Without limiting the foregoing, any such Engine maintenance agreement will provide that: (a) Lessor LESSOR will receive and retain the monthly Engine Performance Restoration Maintenance Funds Reserves paid by Lessee LESSEE until an Engine Performance Restoration Shop Visit shop visit has been completed; (b) Lessee LESSEE will pay the Engine maintenance facility directly for any Engine Overhaul and repair costs (but not for in excess of the Engine Performance Restoration Reserves, including any additional work requested differential between the hourly Engine Performance Restoration Reserves payable by Lessor)LESSEE to LESSOR and the hourly rates charged by the Engine maintenance facility; and (c) Lessee LESSEE will pay the Engine maintenance facility directly for any services provided by the Engine maintenance facility over and above repair of the Engines, such as trend monitoring, spare engines or spare parts. Notwithstanding the foregoing, the parties recognize that the Engines will be subject to the fleet hour agreement between Lessee and the Engine manufacturer in effect on the Delivery Date.

Appears in 1 contract

Samples: Aircraft Lease Agreement (Copa Holdings, S.A.)

Specific Engine Requirements. 11.2.1 12.2.1 No Engine will remain in an unserviceable condition for more than ninety three (903) days. Notwithstanding the foregoing, months unless engine restoration is ongoing and has not been suspended or delayed without reasonable technical cause and LESSEE uses commercially reasonable efforts to cause such period may be extended to one hundred eighty (180) days, provided that (i) Lessee has caused the relevant Engine to be inducted into an FAA approved maintenance repair organization in a timely manner, (ii) such delay in return returned to serviceability is due to factors beyond Lessee’s control, (iii) the relevant Engine is not in an unserviceable condition on the Expiration Date, and (iv) Lessee uses diligent efforts to return the Engine to a serviceable condition as soon as possible, provided that Lessee has provided evidence of (i), (ii), to the extent applicable (iii), and (iv), all to Lessor’s reasonable satisfactionservice. 11.2.2 12.2.2 When replacing Parts in an Enginethe Engines, Lessee LESSEE will utilize only original equipment manufacturer parts (OEM parts). The foregoing will not apply to QEC and thrust reverser Parts. No FAA Designated Engineering Representative (DER) repairs will be allowed on the Engines, except with Lessor’s prior written approval, which shall not be unreasonably withheld. 11.2.3 Lessee 12.2.3 LESSEE will not discriminate against the Engines with respect to Overhaul build standards and LLP life-limited Part replacements as compared with other engines and, in any event, at each performance restoration shop visit on an Engine, LESSEE will (a) build the Engine life-limited Parts to at least **Material Redacted** cycles remaining and (b) perform, at a minimum, a performance restoration workscope sufficient to allow such Engine to achieve at least **Material Redacted** hours and **Material Redacted** cycles of operation following such shop visit. Notwithstanding the foregoing, LESSOR agrees that the performance restoration workscope contained in the maintenance cost per flight hour when agreed to among LESSEE, LESSOR and LESSEE’s engine maintenance provider will be substituted for the performance restoration workscope described above. Failing the foregoing, LESSOR and LESSEE agree to negotiate in good faith and agree on a performance restoration workscope for the last engine shop visit which is reasonable in view of the same make age and model condition of the Engines operated by LesseeEngine, the required condition at return and the cost of such restoration to LESSEE and LESSOR. 11.2.4 12.2.4 With respect to any the last Engine shop visit of an EngineEngine prior to return of the Aircraft, Lessee LESSEE will submit to Lessor at least thirty (30) days LESSOR in advance the intended work scope workscope of such shop visit for approval unless the visit. If LESSOR requests, LESSEE will perform additional work at such shop visit is unscheduledat LESSOR’s cost provided that if the same shall result in delay in redelivery, extension of the Lease Term or cause the Engine to be removed from service for a period in which case excess of the work scope period the Engine would have been removed to revenue service absent such additional work, no Rent or other costs will be submitted immediately when it becomes available payable by LESSEE for the period which is attributable solely to LesseeLESSOR’s requested work (unless and to the extent LESSOR and LESSEE shall have otherwise agreed in writing). 11.2.5 Lessee 12.2.5 Except as otherwise agreed by the parties (including, pursuant to any side letter) LESSEE will not enter into any engine Engine maintenance cost per flight hour, power-by-the-hour or similar agreement with the Engine manufacturer or any other Engine maintenance facility or organization without LessorLESSOR’s prior written consentconsent which consent shall not be unreasonably withheld or delayed. Lessee LESSEE will at its cost be responsible for performing all work necessary to meet the return conditions with respect to the Engines set forth in Article 21 23 even if such work is not covered by LesseeLESSEE’s engine Engine maintenance agreement. Without limiting the foregoing, any such Engine maintenance agreement will provide that: (a) Lessor LESSOR will receive and retain the monthly Engine Performance Restoration Maintenance Funds Reserves paid by Lessee LESSEE until an Engine Performance Restoration Shop Visit shop visit has been completed; (b) Lessee LESSEE will pay the Engine maintenance facility directly for any Engine Overhaul and repair costs (but not for in excess of the Engine Performance Restoration Reserves, including any additional work requested differential between the hourly Engine Performance Restoration Reserves payable by Lessor)LESSEE to LESSOR and the hourly rates charged by the Engine maintenance facility; and (c) Lessee LESSEE will pay the Engine maintenance facility directly for any services provided by the Engine maintenance facility over and above repair of the Engines, such as trend monitoring, spare engines or spare parts. Notwithstanding the foregoing, the parties recognize that the Engines will be subject to the fleet hour agreement between Lessee and the Engine manufacturer in effect on the Delivery Date.

Appears in 1 contract

Samples: Aircraft Lease Agreement (Copa Holdings, S.A.)

Specific Engine Requirements. 11.2.1 12.2.1 No Engine will remain in an unserviceable condition for more than ninety three (903) days. Notwithstanding the foregoingmonths, unless engine restoration or repair is ongoing and has not been suspended or delayed without reasonable cause and LESSEE is using commercially reasonable efforts to cause such period may be extended to one hundred eighty (180) days, provided that (i) Lessee has caused the relevant Engine to be inducted into an FAA approved maintenance repair organization in a timely manner, (ii) such delay in return returned to serviceability is due to factors beyond Lessee’s control, (iii) the relevant Engine is not in an unserviceable condition on the Expiration Date, and (iv) Lessee uses diligent efforts to return the Engine to a serviceable condition as soon as possible, provided that Lessee has provided evidence of (i), (ii), to the extent applicable (iii), and (iv), all to Lessor’s reasonable satisfactionservice. 11.2.2 12.2.2 When replacing Parts in an Engine, Lessee LESSEE will utilize only use original equipment manufacturer parts (OEM partsParts”). If LESSEE wishes to replace Parts in an Engine with parts which are not OEM Parts, LESSEE must obtain approval from LESSOR before such parts are installed, such approval not to be unreasonably withheld or delayed. If given, LESSOR’S approval will generally be given only for the installation of parts manufactured in accordance with FAR Part 21.303 (or its EASA equivalent) (“PMA Parts”) which are consumable parts such as brackets, gaskets and seals. The foregoing use of stationary and high energy rotating PMA Parts in the gaspath will not apply be approved by LESSOR. Any proposed repair to QEC and thrust reverser Parts. No an OEM Part or PMA Part in an Engine which has been approved by an FAA Designated Engineering Representative (DER) repairs will must also be allowed on approved by LESSOR prior to performance of the Enginesrepair, except with Lessor’s prior written approval, which shall such LESSOR approval not to be unreasonably withheldwithheld or delayed. 11.2.3 Lessee 12.2.3 LESSEE will not discriminate against the Engines with respect to Overhaul build standards and LLP replacements as compared with other engines of the same make and model of the Engines operated by Lessee. 11.2.4 With respect to any Engine shop visit of an Engine, Lessee will submit to Lessor at least thirty (30) days in advance the intended work scope of such shop visit for approval unless the shop visit is unscheduled, in which case the work scope will be submitted immediately when it becomes available to Lessee. 11.2.5 Lessee will not enter into any engine maintenance cost per flight hour, powerlife-by-the-hour or similar agreement with the Engine manufacturer or any other Engine maintenance facility or organization without Lessor’s prior written consent. Lessee will at its cost be responsible for performing all work necessary to meet the return conditions with respect to the Engines set forth in Article 21 even if such work is not covered by Lessee’s engine maintenance agreementlimited Part replacements. Without limiting the foregoing, at any shop visit during which a Qualified Performance Restoration is performed, LESSEE will (i) build the Engine life-limited Parts to at least 6,000 cycles remaining and (ii) perform, at a minimum, a workscope sufficient to allow such Engine maintenance agreement will provide that: (a) Lessor will receive to achieve at least 10,000 hours and retain the monthly Engine Performance Restoration Maintenance Funds paid by Lessee until an Engine Performance Restoration Shop Visit has been completed; (b) Lessee will pay the Engine maintenance facility directly for any Engine Overhaul and repair costs (but not for any additional work requested by Lessor); and (c) Lessee will pay the Engine maintenance facility directly for any services provided by the Engine maintenance facility over and above repair 6,000 cycles of the Engines, operation following such as trend monitoring, spare engines or spare parts. Notwithstanding the foregoing, the parties recognize that the Engines will be subject to the fleet hour agreement between Lessee and the Engine manufacturer in effect on the Delivery Dateshop visit.

Appears in 1 contract

Samples: Aircraft Lease Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.)

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Specific Engine Requirements. 11.2.1 12.2.1 No Engine will remain in an unserviceable condition for more than ninety three (903) days. Notwithstanding the foregoing, months unless engine restoration is ongoing and has not been suspended or delayed without reasonable technical cause and LESSEE uses commercially reasonable efforts to cause such period may be extended to one hundred eighty (180) days, provided that (i) Lessee has caused the relevant Engine to be inducted into an FAA approved maintenance repair organization in a timely manner, (ii) such delay in return returned to serviceability is due to factors beyond Lessee’s control, (iii) the relevant Engine is not in an unserviceable condition on the Expiration Date, and (iv) Lessee uses diligent efforts to return the Engine to a serviceable condition as soon as possible, provided that Lessee has provided evidence of (i), (ii), to the extent applicable (iii), and (iv), all to Lessor’s reasonable satisfactionservice. 11.2.2 12.2.2 When replacing Parts in an Enginethe Engines, Lessee LESSEE will utilize only original equipment manufacturer parts (OEM parts). The foregoing will not apply to QEC and thrust reverser Parts. No FAA Designated Engineering Representative (DER) repairs will be allowed on the Engines, except with Lessor’s prior written approval, which shall not be unreasonably withheld. 11.2.3 Lessee 12.2.3 LESSEE will not discriminate against the Engines with respect to Overhaul build standards and LLP life-limited Part replacements as compared with other engines and, in any event, at each performance restoration shop visit on an Engine, LESSEE will (a) build the Engine life-limited Parts to at least **Material Redacted** cycles remaining and (b) perform, at a minimum, a performance restoration workscope sufficient to allow such Engine to achieve at least **Material Redacted** hours and **Material Redacted** cycles of operation following such shop visit. Notwithstanding the foregoing, LESSOR agrees that the performance restoration workscope contained in the maintenance cost per flight hour when agreed to among LESSEE, LESSOR and LESSEE's engine maintenance provider will be substituted for the performance restoration workscope described above. Failing the foregoing, LESSOR and LESSEE agree to negotiate in good faith and agree on a performance restoration workscope for the last engine shop visit which is reasonable in view of the same make age and model condition of the Engines operated by LesseeEngine, the required condition at return and the cost of such restoration to LESSEE and LESSOR. 11.2.4 12.2.4 With respect to any the last Engine shop visit of an EngineEngine prior to return of the Aircraft, Lessee LESSEE will submit to Lessor at least thirty (30) days LESSOR in advance the intended work scope workscope of such shop visit for approval unless the visit. If LESSOR requests, LESSEE will perform additional work at such shop visit is unscheduledat LESSOR's cost provided that if the same shall result in delay in redelivery, extension of the Lease Term or cause the Engine to be removed from service for a period in which case excess of the work scope period the Engine would have been removed to revenue service absent such additional work, no Rent or other costs will be submitted immediately when it becomes available payable by LESSEE for the period which is attributable solely to LesseeLESSOR's requested work (unless and to the extent LESSOR and LESSEE shall have otherwise agreed in writing). 11.2.5 Lessee 12.2.5 Except as otherwise agreed by the parties (including, pursuant to any side letter) LESSEE will not enter into any engine Engine maintenance cost per flight hour, power-by-the-hour or similar agreement with the Engine manufacturer or any other Engine maintenance facility or organization without Lessor’s LESSOR's prior written consentconsent which consent shall not be unreasonably withheld or delayed. Lessee LESSEE will at its cost be responsible for performing all work necessary to meet the return conditions with respect to the Engines set forth in Article 21 23 even if such work is not covered by Lessee’s engine LESSEE's Engine maintenance agreement. Without limiting the foregoing, any such Engine maintenance agreement will provide that: (a) Lessor LESSOR will receive and retain the monthly Engine Performance Restoration Maintenance Funds Reserves paid by Lessee LESSEE until an Engine Performance Restoration Shop Visit shop visit has been completed; (b) Lessee LESSEE will pay the Engine maintenance facility directly for any Engine Overhaul and repair costs (but not for in excess of the Engine Performance Restoration Reserves, including any additional work requested differential between the hourly Engine Performance Restoration Reserves payable by Lessor)LESSEE to LESSOR and the hourly rates charged by the Engine maintenance facility; and (c) Lessee LESSEE will pay the Engine maintenance facility directly for any services provided by the Engine maintenance facility over and above repair of the Engines, such as trend monitoring, spare engines or spare parts. Notwithstanding the foregoing, the parties recognize that the Engines will be subject to the fleet hour agreement between Lessee and the Engine manufacturer in effect on the Delivery Date.

Appears in 1 contract

Samples: Aircraft Lease Agreement (Copa Holdings, S.A.)

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