Common use of TECHNICAL ACCEPTANCE; FERRY FLIGHT Clause in Contracts

TECHNICAL ACCEPTANCE; FERRY FLIGHT. Upon completion of the final inspection of the Aircraft and records by Lessor and, unless otherwise agreed in writing by Lessor and Lessee, correction of any discrepancies or deficiencies required to be corrected by Lessee prior to redelivery to Lessor, Lessor shall execute and deliver to Lessee, a technical acceptance certificate which shall constitute Lessor's technical acceptance of the Aircraft, except as noted in such technical acceptance certificate. Notwithstanding the execution and delivery of such technical acceptance certificate by Lessor, all Lessee's obligations hereunder shall continue in full force and effect until actual return of the Aircraft to and final acceptance of the Aircraft by Lessor at the location specified in Article 13(a), in full compliance with all Lessee's obligations hereunder, to the same extent as if such technical acceptance certificate had not been executed by Lessor (it being understood, without limitation, that Lessee shall (i) bear the full risk of damage and loss to the Aircraft and shall promptly repair or cause to be repaired any damage to the Aircraft which may occur prior to completion of ferry flight referred to below, and (ii) maintain insurance in respect of the Aircraft as required by Article 10 hereof to and including the time of redelivery of the Aircraft to Lessor). Upon technical acceptance of the Aircraft by Lessor, Lessee shall promptly ferry the Aircraft at Lessee's cost to the redelivery location referred to in Article 13(a) hereof or the place for storage designated pursuant to Article 13(h), as the case may be. Lessor shall have the right for up to five (5) representatives or designees to travel on the Aircraft on such ferry flight.

Appears in 3 contracts

Samples: Lease Agreement (Hawaiian Airlines Inc/Hi), Lease Agreement (Hawaiian Airlines Inc/Hi), Lease Agreement (Hawaiian Airlines Inc/Hi)

AutoNDA by SimpleDocs

TECHNICAL ACCEPTANCE; FERRY FLIGHT. Upon completion of the final inspection of the Aircraft and records by Lessor and, unless otherwise agreed in writing by Lessor and Lessee, correction of any discrepancies or deficiencies required to be corrected by Lessee prior to redelivery to Lessor, Lessor shall execute and deliver to Lessee, a technical acceptance certificate which shall constitute Lessor's technical acceptance of the Aircraft, except as noted in such technical acceptance certificate. Notwithstanding the execution and delivery of such technical acceptance certificate by Lessor, all Lessee's obligations hereunder shall continue in full force and effect until actual return of the Aircraft to and final acceptance of the Aircraft by Lessor at the location specified in Article 13(a), in full compliance with all Lessee's obligations hereunder, to the same extent as if such technical acceptance certificate had not been executed by Lessor (it being understood, without limitation, that Lessee shall (i) bear the full risk of damage and loss to the Aircraft and shall promptly repair or cause to be repaired any damage to the Aircraft which may occur prior to completion of ferry flight referred to below, and (ii) maintain insurance in respect of the Aircraft as required by Article 10 hereof to and including the time of redelivery of the Aircraft to Lessor); provided, however, Lessee shall not be responsible to correct any discrepancies or deficiencies that existed at the time of the final inspection of the Aircraft referred to above but were not raised until completion of the ferry flight of the Aircraft referred to below if such discrepancies or deficiencies could have been noted on completion of the final inspection of the Aircraft (i.e., the foregoing shall not relieve Lessee from its responsibility to correct discrepancies or - 13-12 - deficiencies discovered as the result of the ferry flight of the Aircraft). Upon technical acceptance of the Aircraft by Lessor, Lessee shall promptly ferry the Aircraft at Lessee's cost to the redelivery location referred to in Article 13(a) hereof or the place for storage designated pursuant to Article 13(h), as the case may behereof. Lessor shall have the right (subject to compliance with the requirements or approval of the FAA) for up to five (5) representatives or designees to travel on the Aircraft on such ferry flight.

Appears in 1 contract

Samples: Lease Agreement (Turn Works Acquisition Iii Sub a Inc)

AutoNDA by SimpleDocs

TECHNICAL ACCEPTANCE; FERRY FLIGHT. Upon completion of the final inspection of the Aircraft and records by Lessor and, unless otherwise agreed in writing by Lessor and Lessee, correction of any discrepancies or deficiencies required to be corrected by Lessee prior to redelivery to Lessor, Lessor shall execute and deliver to Lessee, a technical acceptance certificate which shall constitute Lessor's technical acceptance of the Aircraft, except as noted in such technical acceptance certificate. Notwithstanding the execution and delivery of such technical acceptance certificate by Lessor, all Lessee's obligations hereunder shall continue in full force and effect until actual return of the Aircraft to and final acceptance of the Aircraft by Lessor at the location specified in Article 13(a), in full compliance with all Lessee's obligations hereunder, to the same extent as if such technical acceptance certificate had not been executed by Lessor (it being understood, without limitation, that Lessee shall (i) bear the full risk of damage and loss to the Aircraft and shall promptly repair or cause to be repaired any damage to the Aircraft which may occur prior to completion of ferry flight referred to below, and (ii) maintain insurance in respect of the Aircraft as required by Article 10 hereof to and including the time of redelivery of the Aircraft to Lessor); provided, however, Lessee shall not be responsible to correct any discrepancies or deficiencies that existed at the time of the final inspection of the Aircraft referred to above but were not raised until completion of the ferry flight of the Aircraft referred to below if such discrepancies or deficiencies could have been noted on completion of the final inspection of the Aircraft (ie., the foregoing shall not relieve Lessee from its responsibility to correct discrepancies or 13-12 deficiencies discovered as the result of the ferry flight of the Aircraft). Upon technical acceptance of the Aircraft by Lessor, Lessee shall promptly ferry the Aircraft at Lessee's cost to the redelivery location referred to in Article 13(a) hereof or the place for storage designated pursuant to Article 13(h), as the case may behereof. Lessor shall have the right (subject to compliance with the requirements or approval of the FAA) for up to five (5) representatives or designees to travel on the Aircraft on such ferry flight.

Appears in 1 contract

Samples: Lease Agreement (Turn Works Acquisition Iii Sub a Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!