Common use of TOTAL LOSS OF ENGINE AND NOT AIRFRAME Clause in Contracts

TOTAL LOSS OF ENGINE AND NOT AIRFRAME. 20.5.1 Upon a Total Loss of any Engine not installed on the Airframe or a Total Loss of an Engine installed on the Airframe not involving a Total Loss of the Airframe, LESSEE will replace such Engine as soon as reasonably possible by duly conveying to LESSOR title to another engine (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 Engine which sustained the Total Loss, (c) in the same or better operating condition as the Engine which sustained a Total Loss, including time in service, hours and cycles since new and hours and cycles available to the next inspection, Overhaul or scheduled or anticipated removal. In all circumstances, with respect to life limited Parts in any replacement engine, (x) the life limited Part that is due to be removed earliest in such replacement engine will have no less life remaining than the life limited Part that was due to be removed earliest in the Engine which sustained the Total Loss and (y) the average life remaining for all life limited Parts in the replacement engine will be no less than the average life remaining for the life limited Parts in the Engine which sustained the Total Loss. Such replacement engine will be an Engine as defined herein and the Engine which sustained such Total Loss will cease to be an Engine; whereupon, subject to agreement of relevant insurers, LESSOR will transfer all of its right, title and interest in and to the Engine which sustained the Total Loss to LESSEE, but without any responsibility, condition or warranty on the part of LESSOR other than as to title and freedom from any LESSOR's Lien.

Appears in 1 contract

Samples: Aircraft Lease Agreement (Frontier Airlines Inc /Co/)

AutoNDA by SimpleDocs

TOTAL LOSS OF ENGINE AND NOT AIRFRAME. 20.5.1 17.5.1 Upon a Total Loss of any Engine not installed on the Airframe or a Total Loss of an Engine installed on the Airframe not involving a Total Loss of the Airframe, LESSEE Lessee will replace such Engine as soon as reasonably possible practicable by duly conveying to LESSOR Lessor title to another engine from Lessee (or another Person) (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 Engine which sustained the Total Loss, considering also the age of the engine, and (c) in the same or better operating condition as the Engine which sustained a Total Loss, including time in service, hours Flight Hours and cycles Cycles since new and hours Flight Hours and cycles Cycles available to the next inspection, Overhaul or scheduled or anticipated removal. In all circumstances, with respect to life limited Parts in removal and the thrust rating at which any replacement engine, (x) the life limited Part that is due to be removed earliest in such replacement engine will modules have no less life remaining than the life limited Part that was due to be removed earliest in the Engine which sustained the Total Loss and (y) the average life remaining for all life limited Parts in the replacement engine will be no less than the average life remaining for the life limited Parts in the Engine which sustained the Total Lossbeen operated. Such replacement engine will be an Engine “Engine” as defined herein and the Engine which sustained such Total Loss will cease to be an Engine; whereupon.” For the avoidance of doubt, subject to agreement of relevant insurers, LESSOR will transfer all of its right, title and interest in and to the event that the Engine which that sustained the Total Loss to LESSEEshall be replaced by an Engine of similar or better condition as described 71(138) above, but without any responsibility, condition or warranty on the part available amounts in the Engine Performance Restoration Maintenance Fund originally for the Engine that sustained the Total Loss shall “carry over” and be applicable in accordance with the terms of LESSOR other than this Lease for maintenance of the replacement engine as to title and freedom from any LESSOR's Lienif such had been the original Engine.

Appears in 1 contract

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

TOTAL LOSS OF ENGINE AND NOT AIRFRAME. 20.5.1 17.5.1 Upon a Total Loss of any Engine not installed on the Airframe or a Total Loss of an Engine installed on the Airframe not involving a Total Loss of the Airframe, LESSEE Lessee will replace such Engine as soon as reasonably possible practicable by duly conveying to LESSOR Lessor title to another engine from Lessee (or another Person) (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 Engine which sustained the Total Loss, considering also the age of the engine, and (c) in the same or better operating condition as the Engine which sustained a Total Loss, including time in service, hours Flight Hours and cycles Cycles since new and hours Flight Hours and cycles Cycles available to the next inspection, Overhaul or scheduled or anticipated removal. In all circumstances, with respect to life limited Parts in removal and the thrust rating at which any replacement engine, (x) the life limited Part that is due to be removed earliest in such replacement engine will modules have no less life remaining than the life limited Part that was due to be removed earliest in the Engine which sustained the Total Loss and (y) the average life remaining for all life limited Parts in the replacement engine will be no less than the average life remaining for the life limited Parts in the Engine which sustained the Total Lossbeen operated. Such replacement engine will be an Engine “Engine” as defined herein and the Engine which sustained such Total Loss will cease to be an Engine; whereupon.” For the avoidance of doubt, subject to agreement of relevant insurers, LESSOR will transfer all of its right, title and interest in and to the event that the Engine which that sustained the Total Loss to LESSEEshall be replaced by an Engine of similar or better condition as described above, but without any responsibility, condition or warranty on the part available amounts in the Engine Performance Restoration Maintenance Fund originally for the Engine that sustained the Total Loss shall “carry over” and be applicable in accordance with the terms of LESSOR other than this Lease for maintenance of the replacement engine as to title and freedom from any LESSOR's Lienif such had been the original Engine.

Appears in 1 contract

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

TOTAL LOSS OF ENGINE AND NOT AIRFRAME. 20.5.1 19.5.1 Upon a Total Loss of any Engine not installed on the Airframe or a Total Loss of an Engine installed on the Airframe not involving a Total Loss of the Airframe, LESSEE will replace such Engine as soon as reasonably possible by duly conveying to LESSOR title to another engine (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 Engine which sustained the Total Loss, (c) not older (by reference to serial number or manufacture date) than the older of the two Engines (on the date of the replacement) delivered by LESSOR to LESSEE with the Aircraft on the Delivery Date, and (d) in the same or better operating condition as the Engine which sustained a Total Loss, including time in service, hours and cycles since new and hours and cycles available to the next inspection, Overhaul or scheduled or anticipated removal. In all circumstances, ; provided that with respect to replacement modules in such other engine, LESSEE will use best reasonable efforts to ensure that such other engine will not have been previously operated at a higher thrust rating than the Engine which sustained the Total Loss and provided further that in all circumstances life limited Parts in any replacement engine, (x) the life limited Part that is due to be removed earliest in such replacement engine will have no less life remaining than the life limited Part that was due to be removed earliest in the Engine which sustained the Total Loss and (y) the average life remaining for all life limited Parts in the replacement engine will be no less than the average life remaining for the life limited Parts in the Engine which sustained the Total Loss. Such replacement engine will be an Engine as defined herein and the Engine which sustained such Total Loss will cease to be an Engine; whereupon, subject to agreement of relevant insurers, LESSOR will transfer all of its right, title and interest in and to the Engine which sustained the Total Loss to LESSEE, but without any responsibility, condition or warranty on the part of LESSOR other than as to title and freedom from any LESSOR's Lien.

Appears in 1 contract

Samples: Aircraft Lease Agreement (Frontier Airlines Inc /Co/)

AutoNDA by SimpleDocs

TOTAL LOSS OF ENGINE AND NOT AIRFRAME. 20.5.1 19.5.1 Upon a Total Loss of any Engine not installed on the Airframe or a Total Loss of an Engine installed on the Airframe not involving a Total Loss of the Airframe, LESSEE will replace such Engine as soon as reasonably possible by duly conveying to LESSOR title to another engine (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 Engine which sustained the Total Loss, (c) in the same or better operating condition as the Engine which sustained a Total Loss, including time in service, hours and cycles since new and hours and cycles available to the next inspection, Overhaul or scheduled or anticipated removal. In all circumstances, with respect to life limited Parts in any replacement engine, (x) the life limited Part that is due to be removed earliest in such replacement engine will have no less life remaining than the life limited Part that was due to be removed earliest in the Engine which sustained the Total Loss and (y) the average life remaining for all life limited Parts in the replacement engine will be no less than the average life remaining for the life limited Parts in the Engine which sustained the Total Loss. Such replacement engine will be an Engine as defined herein and the Engine which sustained such Total Loss will cease to be an Engine; whereupon, subject to agreement of relevant insurers, LESSOR will transfer all of its right, title and interest in and to the Engine which sustained the Total Loss to LESSEE, but without any responsibility, condition or warranty on the part of LESSOR other than as to title and freedom from any LESSOR's ’s Lien.

Appears in 1 contract

Samples: Aircraft Lease Agreement (Frontier Airlines Inc /Co/)

Time is Money Join Law Insider Premium to draft better contracts faster.