Common use of Storage and Related Matters Clause in Contracts

Storage and Related Matters. Unless Lessee has elected to purchase the Aircraft in accordance with the terms hereof, if Lessor gives written notice to Lessee not less than thirty (30) days nor more than one hundred twenty (120) days prior to the end of the Term requesting storage of the Aircraft upon its return hereunder, Lessee will assist Lessor, at Lessor's expense, in arranging storage for the Aircraft for a period up to thirty (30) days, commencing on the date of such return, and upon request of Lessor to Lessee made at least ten (10) days prior to the end of such initial thirty (30) day period, for an additional one hundred twenty (120) day period commencing upon expiration of such initial period, at such storage facility in the forty eight (48) contiguous states of the United States of America as Lessee and Lessor may agree; PROVIDED that such location shall be a location generally used for the storage of commercial aircraft by aircraft owners or operators. Notwithstanding SUBSECTION (A) of EXHIBIT B, such storage shall be deemed to be the return location of the Aircraft for purposes of such EXHIBIT B. Such storage shall be at Lessor's risk and expense and Lessor shall pay all applicable storage, maintenance and insurance fees and expenses. Lessee's obligation to assist Lessor in arranging storage for the Aircraft shall be subject to Lessor entering into an agreement satisfactory to Lessee prior to the commencement of the storage period with the storage facility providing, among other things, that Lessor shall bear all storage, maintenance charges (other than those to be paid by Lessee as set forth herein and maintenance required as a direct breach of Lessee's obligations under this SECTION 5) and other costs (including those costs referred to above) other than those to be paid by Lessee as set forth herein) and incurred relating to such storage. Lessee agrees to arrange for insurance coverage for the Aircraft during such storage period; PROVIDED that Lessor reimburses Lessee for its out-of-pocket costs therefor.

Appears in 2 contracts

Samples: Lease Agreement (Atlas Air Worldwide Holdings Inc), Lease Agreement (Atlas Air Worldwide Holdings Inc)

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Storage and Related Matters. Unless Lessee Sublessee has elected to purchase the Aircraft in accordance with the terms hereof, if Lessor Sublessor gives written notice to Lessee Sublessee not less than thirty (30) days nor more than one hundred twenty (120) days prior to the end of the Term requesting storage of the Aircraft upon its return hereunder, Lessee Sublessee will assist LessorSublessor, at LessorSublessor's expense, in arranging storage for the Aircraft for a period up to thirty (30) days, commencing on the date of such return, and upon request of Lessor Sublessor to Lessee Sublessee made at least ten (10) days prior to the end of such initial thirty (30) day period, for an additional one hundred twenty (120) day period commencing upon expiration of such initial period, at such storage facility in the forty eight (48) contiguous states of the United States of America as Lessee Sublessee and Lessor Sublessor may agree; PROVIDED that such location shall be a location generally used for the storage of commercial aircraft by aircraft owners or operators. Notwithstanding SUBSECTION subsection (Aa) of EXHIBIT B, such storage shall be deemed to be the return location of the Aircraft for purposes of such EXHIBIT B. Such storage shall be at LessorSublessor's risk and expense and Lessor Sublessor shall pay all applicable storage, maintenance and insurance fees and expenses. LesseeSublessee's obligation to assist Lessor Sublessor in arranging storage for the Aircraft shall be subject to Lessor Sublessor entering into an agreement satisfactory to Lessee Sublessee prior to the commencement of the storage period with the storage facility providing, among other things, that Lessor Sublessor shall bear all storage, maintenance charges (other than those to be paid by Lessee Sublessee as set forth herein and maintenance required as a direct breach of LesseeSublessee's obligations under this SECTION 5) and other costs (including those costs referred to above) other than those to be paid by Lessee Sublessee as set forth herein) and incurred relating to such storage. Lessee Sublessee agrees to arrange for insurance coverage for the Aircraft during such storage period; PROVIDED that Head Lessor reimburses Lessee Sublessee for its out-of-pocket costs therefor.

Appears in 1 contract

Samples: Sublease Agreement (Atlas Air Worldwide Holdings Inc)

Storage and Related Matters. Unless Lessee has elected to purchase the Aircraft in accordance with the terms hereof, if If Lessor gives written notice to Lessee Lessee, not less than thirty (30) 30 days nor more than one hundred twenty (120) 120 days prior to before the end of the Term Term, requesting storage of the Aircraft upon its return hereunder, Lessee will assist Lessor, at Lessor's expense, in arranging storage provide Lessor (or cause Lessor to be provided) with outdoor parking facilities for the Aircraft for a period up to thirty (30) 180 days, commencing starting on the date of such return, and upon request of at Mojave, California or Marana, Arizona or Victorville, California, as Lessor may specify, or if Lessor elects not to Lessee made store the Aircraft at least ten (10) days prior to the end any of such initial thirty (30) day periodlocations, for an additional one hundred twenty (120) day period commencing upon expiration of such initial period, then the Aircraft shall be stored at such storage facility in the forty eight (48) 48 contiguous states of the United States of America as Lessee may select and Lessor may agree; PROVIDED that such location shall be which is used as a location generally used for the storage of large commercial aircraft by aircraft owners or operatorsaircraft. Notwithstanding SUBSECTION At Lessor’s written request, Lessee shall maintain insurance (Aif available) of EXHIBIT B, such storage shall be deemed to be the return location of the Aircraft for purposes of such EXHIBIT B. Such storage shall be at Lessor's risk and expense and Lessor shall pay all applicable storage, maintenance and insurance fees and expenses. Lessee's obligation to assist Lessor in arranging storage for the Aircraft shall be subject to Lessor entering into an agreement satisfactory to Lessee prior to the commencement of the storage period with the storage facility providing, among other things, that Lessor shall bear all storage, maintenance charges (other than those to be paid by Lessee as set forth herein and maintenance required as a direct breach of Lessee's obligations under this SECTION 5) and other costs (including those costs referred to above) other than those to be paid by Lessee as set forth herein) and incurred relating to such storage. Lessee agrees to arrange for insurance coverage for the Aircraft during such storage period; PROVIDED , provided, that Lessor reimburses shall reimburse Lessee for its Lessee’s actual incremental out-of-pocket cost of providing such insurance for any period following the initial 90 days of such storage period. Such storage shall be at Lessor’s risk, and Lessor *** Material has been omitted pursuant to a request for confidential treatment and filed separately with the SEC shall pay all applicable storage fees, except that Lessee shall pay the parking fees for the initial 90 days of such storage period; provided, that Lessee’s obligation to provide parking shall be subject to Lessor’s entering into an agreement with the storage facility, before the storage period begins, providing that, as between the storage facility, Lessee, and Lessor, Lessor shall bear all maintenance charges (other than maintenance required as a result of Lessee’s failure to comply with the provisions of Annex B hereto) and other costs therefor.incurred (other than parking fees for the initial 90 days of such storage period). In addition, upon the return of the Aircraft, Lessor shall have no obligation with respect to the amount of any fuel or oil contained in the fuel or oil tanks of the Aircraft, it being agreed, however, that Lessee shall not be obligated to return the Aircraft with any fuel or oil other than as required pursuant to § 7(13) of Annex B.

Appears in 1 contract

Samples: Lease Agreement N483ha* (Hawaiian Holdings Inc)

Storage and Related Matters. Unless Lessee has elected to purchase the Aircraft in accordance with the terms hereof, if If Lessor gives written notice to Lessee not less than thirty (30) days nor more than one hundred twenty (120) days prior to the end of the Term requesting storage of the Aircraft upon its return hereunder, Lessee will assist Lessor, at Lessor's expense, in arranging storage for the Aircraft for a period up to thirty (30) days, commencing on the date of such return, and upon request of Lessor to Lessee made at least ten (10) days prior to the end of such initial thirty (30) day period, for an additional one hundred twenty (120) day period commencing upon expiration of such initial period, at such storage facility in the forty eight (48) contiguous states of the United States of America as Lessee and Lessor may agree; PROVIDED that such location shall be a location generally used for the storage of commercial aircraft by aircraft owners or operators. Notwithstanding SUBSECTION subsection (Aa) of EXHIBIT BE, such storage shall be deemed to be the return location of the Aircraft for purposes of such EXHIBIT B. E. Such storage shall be at Lessor's risk and expense and Lessor shall pay all applicable storage, maintenance and insurance fees and expenses. Lessee's obligation to assist Lessor in arranging storage for the Aircraft shall be subject to Lessor entering into an agreement satisfactory to Lessee prior to the commencement of the storage period with the storage facility providing, among other things, that Lessor shall bear all storage, maintenance charges (other than those to be paid by Lessee as set forth herein and maintenance required as a direct breach of Lessee's obligations under this SECTION 5Section 16) and other costs (including those costs referred to above) other than those to be paid by Lessee as set forth herein) and incurred relating to such storage. Lessee agrees to arrange for insurance coverage for the Aircraft during such storage period; PROVIDED that Lessor reimburses Lessee for its out-of-pocket costs therefor.

Appears in 1 contract

Samples: Aircraft Lease Agreement (Atlas Air Worldwide Holdings Inc)

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Storage and Related Matters. Unless Lessee has elected to purchase the Aircraft in accordance with the terms hereof, if If Lessor gives written notice to Lessee Lessee, not less than thirty (30) 30 days nor more than one hundred twenty (120) 120 days prior to before the end of the Term Term, requesting storage of the Aircraft upon its return hereunder, Lessee will assist Lessor, at Lessor's expense, in arranging storage provide Lessor (or cause Lessor to be provided) with outdoor parking facilities for the Aircraft for a period up to thirty (30) 180 days, commencing starting on the date of such return, and upon request of at Mojave, California or Marana, Arizona or Victorville, California, as Lessor may specify, or if Lessor elects not to Lessee made store the Aircraft at least ten (10) days prior to the end any of such initial thirty (30) day periodlocations, for an additional one hundred twenty (120) day period commencing upon expiration of such initial period, then the Aircraft shall be stored at such storage facility in the forty eight (48) 48 contiguous states of the United States of America as Lessee may select and Lessor may agree; PROVIDED that such location shall be which is used as a location generally used for the storage of large commercial aircraft by aircraft owners or operatorsaircraft. Notwithstanding SUBSECTION (A) of EXHIBIT BAt Lessor’s written request, such storage Lessee shall be deemed to be the return location of the Aircraft for purposes of such EXHIBIT B. Such storage shall be at Lessor's risk and expense and Lessor shall pay all applicable storage, maintenance and insurance fees and expenses. Lessee's obligation to assist Lessor in arranging storage maintain [**] — Confidential treatment has been requested for the Aircraft shall be subject to Lessor entering into an agreement satisfactory to Lessee prior to the commencement of the storage period bracketed portions. The confidential redacted portion has been omitted and filed separately with the storage facility providing, among other things, that Lessor shall bear all storage, maintenance charges Securities and Exchange Commission. insurance (other than those to be paid by Lessee as set forth herein and maintenance required as a direct breach of Lessee's obligations under this SECTION 5if available) and other costs (including those costs referred to above) other than those to be paid by Lessee as set forth herein) and incurred relating to such storage. Lessee agrees to arrange for insurance coverage for the Aircraft during such storage period; PROVIDED , provided, that Lessor reimburses shall reimburse Lessee for its Lessee’s actual incremental out-of-pocket cost of providing such insurance for any period following the initial 90 days of such storage period. Such storage shall be at Lessor’s risk, and Lessor shall pay all applicable storage fees, except that Lessee shall pay the parking fees for the initial 90 days of such storage period; provided, that Lessee’s obligation to provide parking shall be subject to Lessor’s entering into an agreement with the storage facility, before the storage period begins, providing that, as between the storage facility, Lessee, and Lessor, Lessor shall bear all maintenance charges (other than maintenance required as a result of Lessee’s failure to comply with the provisions of Annex B hereto) and other costs therefor.incurred (other than parking fees for the initial 90 days of such storage period). In addition, upon the return of the Aircraft, Lessor shall have no obligation with respect to the amount of any fuel or oil contained in the fuel or oil tanks of the Aircraft, it being agreed, however, that Lessee shall not be obligated to return the Aircraft with any fuel or oil other than as required pursuant to § 7(13) of Annex B.

Appears in 1 contract

Samples: Lease Agreement N491ha (Hawaiian Holdings Inc)

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