Common use of Total Loss of APU Clause in Contracts

Total Loss of APU. 19.6.1 Upon a Total Loss of the APU when not installed on the Airframe or a Total Loss of the APU while installed on the Airframe not involving a Total Loss of the Airframe, LESSEE will replace such APU as soon as reasonably possible by duly conveying to Owner title to another auxiliary power unit (a) free and clear of all Security Interests (except Permitted Liens) of any kind or description, (b) in airworthy condition and of the same or improved model, service bulletin and modification status and having a value and utility at least equal to the APU which sustained the Total Loss, (c) not older (by reference to serial number or manufacture date) than the APU delivered by LESSOR to LESSEE with the Aircraft on the Delivery Date and (d) in the same or better operating condition as the APU which sustained the Total Loss, including time in service, Flight Hours and Cycles since new and Flight Hours and Cycles available to the next inspection, Overhaul or scheduled or anticipated removal. Such replacement auxiliary power unit will be the "APU" as defined in this Lease and the auxiliary power unit which sustained such Total Loss will cease to be the "APU". 19.6.2 LESSEE agrees at its own expense to take such action as LESSOR may reasonably request in order that any such replacement APU becomes the property of Owner and is leased hereunder on the same terms as the destroyed APU. LESSEE's obligation to pay Rent will continue in full force and effect, but an amount equal to the Net Total Loss Proceeds received by LESSOR with respect to such destroyed APU will, subject to LESSOR's right to deduct therefrom any amounts then due and payable by LESSEE under this Lease, be paid to LESSEE.

Total Loss of APU. 19.6.1 Upon a Total Loss of the APU when not installed on the Airframe or a Total Loss of the APU while installed on the Airframe not involving a Total Loss of the Airframe, LESSEE will replace such APU as soon as reasonably possible by duly conveying or causing to Owner be conveyed to LESSOR title to another auxiliary power unit (a) free and clear of all Security Interests (except Permitted Liens) of any kind or description, (b) in airworthy condition and of the same or improved model, service bulletin and modification status and having a value and utility at least equal to the APU which sustained the Total Loss, (c) not older (by reference to serial number or manufacture date) than the APU delivered by LESSOR to LESSEE with the Aircraft on the Delivery Date and (d) in the same or better operating condition as the APU which sustained the Total Loss, including time in service, Flight Hours hours and Cycles cycles since new and Flight Hours hours and Cycles cycles available to the next inspection, Overhaul or scheduled or anticipated removal. Such replacement auxiliary power unit will be the "APU" as defined in this Lease herein and the auxiliary power unit which sustained such Total Loss will cease to be the "APU". 19.6.2 LESSEE agrees at its own expense to take such action as LESSOR may reasonably request in order that any such replacement APU becomes the property of Owner LESSOR and is leased hereunder on the same terms as the destroyed APU. LESSEE's obligation to pay Rent will continue in full force and effect, but an amount equal to the Net Total Loss Proceeds received by LESSOR with respect to such destroyed APU will, subject to LESSOR's right to deduct therefrom any amounts then due and payable by LESSEE under this Lease, promptly be paid to LESSEE.

Total Loss of APU. 19.6.1 17.6.1 Upon a Total Loss of the APU when not installed on the Airframe or a Total Loss of the APU while installed on the Airframe not involving a Total Loss of the Airframe, LESSEE Lessee will replace such APU as soon as reasonably possible by duly conveying to Owner Lessor title to another auxiliary power unit (a) free and clear of all Security Interests (except Permitted Liens) of any kind or description, (b) in airworthy condition and of the same or improved model, service bulletin and modification status and having a value and utility at least equal to the APU which sustained the Total Loss, (c) not older (by reference to serial number or manufacture date) than the APU delivered by LESSOR Lessor to LESSEE Lessee with the Aircraft on the Delivery Date and (d) in the same or better operating condition as the APU which sustained the Total Loss, including time in service, Flight Hours and Cycles since new and Flight Hours and Cycles available to the next inspection, Overhaul or scheduled or anticipated removal. Such replacement auxiliary power unit will be the "“APU" ” as defined in this Lease herein and the auxiliary power unit which sustained such Total Loss will cease to be the "“APU".” For the avoidance of doubt, in the event that the APU that sustained the Total Loss shall be replaced by an APU of similar or better condition as described above, the available amounts in the APU Maintenance Fund originally for the APU that sustained the Total Loss shall “carry over” and be applicable in accordance with the terms of this Lease for maintenance of the replacement APU as if such had been the original APU. 19.6.2 LESSEE 17.6.2 Lessee agrees at its own expense to take such action as LESSOR Lessor may reasonably request in order that any such replacement APU becomes the property of Owner Lessor and is leased hereunder on the same terms as the destroyed APU. LESSEE's Lessee’s obligation to pay Rent will continue in full force and effect, but an amount equal to the Net Total Loss Proceeds received by LESSOR Lessor with respect to such destroyed APU will, subject to LESSOR's Lessor’s right to deduct therefrom any amounts then due and payable by LESSEE Lessee under this Lease, be paid to LESSEELessee.

Total Loss of APU. 19.6.1 Upon a Total Loss of the APU when not installed on the Airframe or a Total Loss of the APU while installed on the Airframe not involving a Total Loss of the Airframe, LESSEE will replace such APU as soon as reasonably possible by duly conveying or causing to Owner be conveyed to LESSOR title to another auxiliary power unit (ai) free and clear of all Security Interests (except Permitted Liens) of any kind or description, (bii) in airworthy condition and of the same or improved model, service bulletin and modification status and having a value and utility at least equal to the APU which sustained the Total Loss, (ciii) not older (by reference to serial number or manufacture date) than the APU delivered by LESSOR to LESSEE with the Aircraft on the Delivery Date and (div) in the same or better operating condition as the APU which sustained the Total Loss, including time in service, Flight Hours hours and Cycles cycles since new and Flight Hours hours and Cycles cycles available to the next inspection, Overhaul or scheduled or anticipated removal. Such replacement auxiliary power unit will be the "“APU" ” as defined in this Lease and the auxiliary power unit which sustained such Total Loss will cease to be the "“APU"”. 19.6.2 LESSEE agrees at its own expense to take such action as LESSOR may reasonably request in order that any such replacement APU becomes the property of Owner LESSOR and is leased hereunder on the same terms as the destroyed APU. LESSEE's ’s obligation to pay Rent will continue in full force and effect, but an amount equal to the Net Total Loss Proceeds received by LESSOR with respect to such destroyed APU will, subject to LESSOR's ’s right to deduct therefrom any amounts then due and payable by LESSEE under this Lease, be paid to LESSEE.

Total Loss of APU. 19.6.1 (a) Upon a Total Loss of the an APU when not installed on the Airframe Aircraft, or a Total Loss of the an APU while installed on the Airframe not involving a Total Loss of the AirframeAirframe (in either case, LESSEE will a “destroyed APU”), Lessee shall promptly, after becoming aware of the same, give written notice thereof to Lessor and Lessee shall replace such the destroyed APU as soon as reasonably possible and in any event within the earlier of (i) ninety (90) days after the Total Loss and (ii) the date of receipt of insurance proceeds in respect of such Total Loss by duly conveying procuring that Lessor acquires (at no expense to Owner Lessor) title to another auxiliary power unit (a) a Replacement APU that shall be subject to this Agreement and any Security Documents executed by Lessor and free and clear of all Security Interests (except Liens other than Permitted Liens) . Contemporaneously with the transfer of such Replacement APU to Lessor, Lessor shall pay to Lessee or its designee the net amount of any kind or descriptioninsurance proceeds received by Lessor in respect of the destroyed APU under the insurances required to be maintained in respect of such destroyed APU by Lessee under this Agreement. Such Replacement APU shall, upon acquisition by Lessor, be the APU as defined herein. (b) in airworthy condition and of the same or improved model, service bulletin and modification status and having a value and utility at least equal to the APU which sustained the Total Loss, (c) not older (by reference to serial number or manufacture date) than the APU delivered by LESSOR to LESSEE with the Aircraft on the Delivery Date and (d) in the same or better operating condition as the APU which sustained the Total Loss, including time in service, Flight Hours and Cycles since new and Flight Hours and Cycles available to the next inspection, Overhaul or scheduled or anticipated removal. Such replacement auxiliary power unit will be the "APU" as defined in this Lease and the auxiliary power unit which sustained such Total Loss will cease to be the "APU". 19.6.2 LESSEE agrees at its own expense The parties hereto agree to take such action as LESSOR either of them may reasonably request in order that any such replacement Replacement APU becomes shall be or immediately become the property of Owner Lessor and is become subject to this Agreement and any Security Documents executed by Lessor, and leased hereunder on the same terms as the destroyed APU. LESSEE's Lessee’s obligation to pay Rent will shall continue in full force and effecteffect and shall not be affected by such replacement. Upon compliance with the foregoing, but an amount equal to the Net Total Loss Proceeds received by LESSOR with respect to such leasing of the destroyed APU shall cease and Lessor will, subject to LESSOR's right the rights of any insurers and reinsurers or other third party, procure at Lessee’s request and expense that there is transferred to deduct therefrom Lessee without recourse or warranty (except as to good title and freedom from Lessor’s Liens) all of Lessor’s rights, title and interest in and to the destroyed APU, on an “as-is where-is” basis, and will procure such bills of sale and other documents and instruments as Lessee may reasonably request to evidence (on the public record or otherwise) such transfer, free and clear of all rights of Lessor and Lessor’s Liens. If the destroyed APU or any amounts then due part thereof is salvaged and payable returned to service, Lessee shall indemnify Lessor under Clause 19 against any future use of such destroyed APU to the same extent as if it were the APU and will include Lessor as an additional insured on its insurance policy with respect to the destroyed APU for so long as the destroyed APU is operated by LESSEE under this Lease, be paid to LESSEELessee.