Common use of Final Inspection Clause in Contracts

Final Inspection. Upon any Return Occasion, Lessee shall make the Engine available to Lessor at the location where the designated check or checks required hereunder to be performed immediately prior to redelivery is to be performed for detailed inspection of the documents referred to in paragraph (d) above and the Engine and Parts structure and parts, at Lessee's expense (excluding compensation to representatives of Lessor), in order to verify that the condition of such Engine complies with the requirements set forth above (such inspection being hereinafter referred to as the "Final Inspection"). The Final Inspection shall be combined with such check or checks and may include such other items as reasonably requested by Lessor. Lessee shall give Lessor not less than thirty (30) days prior written notice of the commencement date of such Final Inspection. The period allowed for the Final Inspection shall be the same period during which such checks are being performed and shall have such duration as to permit the opening of any areas of the Engine which are customarily necessary or advisable to satisfy Lessor as to compliance with the requirements of this Section 16 and Exhibit E. The Final Inspection shall commence on the date so noticed which shall be on or before the expiration of the Term with respect to the Engine and shall continue on consecutive days until all activity required above to be conducted has been concluded. To the extent that any portion of the Final Inspection extends beyond the expiration of the Term, unless Lessor has terminated the Lease pursuant to Section 18(g) hereof, the Term with respect to the Engine undergoing the Final Inspection shall be deemed to have been automatically extended, and all obligations hereunder continued, on a daily basis until the Final Inspection shall have been concluded and Lessee shall pay Rent during any such extension in an amount equal to the average daily Basic Rent or Renewal Rent, as the case may be, paid in respect of the last year of the Basic Term or Renewal Term, as the case may be (and Stipulated Loss Value during such extension shall equal the Stipulated Loss Value on the last day of the Basic Term or Renewal Term, as the case may be); provided, however, that Lessee shall not be required to pay Rent with respect to the Engine during the period of extension to the extent that Lessor is responsible for the delay in completion of the Final Inspection. All storage expenses attributable to any Term extension pursuant to the preceding sentence shall be payable by Lessee, except

Appears in 3 contracts

Samples: Engine Lease Agreement (America West Airlines Inc), Engine Lease Agreement (America West Airlines Inc), Engine Lease Agreement (America West Airlines Inc)

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Final Inspection. Upon any the Return Occasion, Lessee shall make the Engine Aircraft available to Lessor at Lessee's principal maintenance base or at the location where at which the designated "C" check or checks required hereunder referred to be performed immediately prior to redelivery below is to be being performed for detailed inspection of the documents referred to in paragraph (d) above and the Engine and Parts structure and partsinspection, at Lessee's expense (excluding compensation to representatives of provided, that Lessee shall not bear any costs or expenses associated with Lessor's representatives), in order to verify that the condition of such Engine the Aircraft complies with the requirements set forth above (such inspection being hereinafter referred to as the "Final Inspection"). The Final Inspection shall be combined conducted concurrently with such check or checks and may include such other items as reasonably requested by Lessorthe "C" Check to be performed immediately prior to the Return Occasion. Lessee shall give Lessor not less than thirty ten (3010) days prior written notice of the commencement date of such Final Inspection"C" Check. The period allowed for the Final Inspection shall be the same period during which such checks are being performed and shall have such duration as to permit the opening Lessor to verify Lessee's satisfaction of any areas of the Engine which are customarily necessary or advisable to satisfy Lessor as to compliance with the requirements of this Section 16 and Exhibit E. The Final Inspection shall commence on the date so noticed which shall be on or before the expiration of the Term with respect to the Engine E and shall continue on consecutive days until all activity required above to be conducted during the Final Inspection has been concluded; provided, however, that Lessor shall use its best efforts to complete the Final Inspection contemporaneously with the completion of such "C" Check. To the extent that any portion of the Final Inspection extends beyond the expiration of the Term, unless Lessor has terminated the Lease pursuant to Section 18(g) hereofExpiration Date, the Term with respect to the Engine undergoing the Final Inspection shall be deemed to have been automatically extended, and all obligations the obligation to pay Rent hereunder continued, continued on a daily basis until the Final Inspection shall have been concluded concluded, provided that such Rent shall be payable only if (i) Lessor provided on a timely basis sufficient personnel to complete the Final Inspection in a timely manner and Lessee shall pay Rent during any (ii) the cause of such extension in an amount equal is not directly attributable to the average daily Basic Rent Lessor or Renewal Rent, as the case may be, paid in respect of the last year of the Basic Term or Renewal Term, as the case may be (and Stipulated Loss Value during such extension shall equal the Stipulated Loss Value on the last day of the Basic Term or Renewal Term, as the case may be); provided, however, that Lessee shall not be required to pay Rent with respect to the Engine during the period of extension to the extent that Lessor is responsible for the delay in completion of the Final Inspectionits personnel. All storage expenses attributable to any extension of the Term extension pursuant to the preceding sentence shall be payable by Lessee, except.

Appears in 2 contracts

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

Final Inspection. Upon any the Return Occasion, Lessee shall make the Engine Aircraft available to Lessor at the location where the designated for a functional check or checks required hereunder to be performed immediately prior to redelivery is to be performed for flight and detailed inspection of the documents referred to in paragraph (d) above and the Engine and Parts structure and partsinspection, at Lessee's expense (excluding compensation to representatives of Lessor)expense, in order to verify that the condition of such Engine the Aircraft complies with the requirements set forth above herein (such inspection being hereinafter referred to as the "Final Inspection"). The Final Inspection shall be combined with such check or checks and may include such other items as reasonably requested by Lessor. Lessee shall give Lessor not less than thirty ten (3010) days prior written notice of the commencement date of such the "C" Check required by Exhibit X. Xxxxxx shall have the right to appoint a representative who may observe (i) the Final Inspection, (ii) any inspections conducted in accordance with Exhibit C, and/or (iii) the maintenance conducted in connection with or as a consequence of any such inspections. The period allowed for the Final Inspection functional test flight shall be conducted, at Lessee's expense, using a qualified pilot and not more than three (3) technical representatives selected by Lessor (one of whom may sit in the same period during which such checks are being performed jump seat in the cockpit), in conjunction with Lessee's flight crew, shall be up to two (2) hours duration, shall conform with Lessee's standard operation check flight procedures, shall be covered by Lessee's insurance policy required pursuant to Section 11, and shall have otherwise be of such duration scope as is necessary to permit demonstrate the opening of any areas airworthiness of the Engine which are customarily necessary or advisable to satisfy Lessor as to compliance with the requirements Aircraft and proper functioning of this Section 16 all systems and Exhibit E. components. The Final Inspection shall commence on the date so noticed which shall be on or before the expiration of the Term with respect to the Engine Expiration Date and shall continue on consecutive days until all activity required above to be conducted during the Final Inspection has been concluded. To the extent that any portion of the Final Inspection extends beyond the expiration of the Term, unless Lessor has terminated the Lease pursuant to Section 18(g) hereofExpiration Date, the Term with respect to the Engine undergoing the Final Inspection shall be deemed to have been automatically extended, and all obligations the obligation to pay Rent hereunder continued, continued on a daily basis until the Final Inspection shall have been concluded and Lessee shall pay Rent during any such extension in an amount equal to the average daily Basic Rent or Renewal Rent, as the case may be, paid in respect of the last year of the Basic Term or Renewal Term, as the case may be (and Stipulated Loss Value during such extension shall equal the Stipulated Loss Value on the last day of the Basic Term or Renewal Term, as the case may be); provided, however, that Lessee shall not be required to pay Rent with respect to the Engine during the period of extension to the extent that Lessor is responsible for the delay in completion of the Final Inspection. All storage expenses attributable to any Term extension pursuant to the preceding sentence shall be payable by Lessee, exceptconcluded.

Appears in 2 contracts

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

Final Inspection. Upon any Return Occasion, Lessee shall make the Engine Aircraft available to Lessor at the location where the "block 'C' Check" (or equivalent level designated check or checks checks) required hereunder to be performed immediately prior to redelivery is to be performed for detailed inspection of the documents referred to in paragraph (d) above and the Engine Airframe, Engines and Parts structure and parts, at Lessee's expense (excluding compensation to representatives of Lessor), in order to verify that the condition of such Engine Aircraft complies with the requirements set forth above (such inspection being hereinafter referred to as the "Final Inspection"). The Final Inspection shall be combined with such "block 'C' Check" (or equivalent level check or checks checks) and may include such other items as reasonably requested by Lessor. Lessee shall give Lessor not less than thirty (30) days prior written notice of the commencement date of such Final Inspection. The period allowed for the Final Inspection shall be the same period during which such checks are "block 'C' Check" is being performed and shall have such duration as to permit the opening of any areas of the Engine Aircraft which are customarily necessary or advisable to satisfy Lessor as to compliance with the requirements of this Section 16 and Exhibit E. The Final Inspection shall commence on the date so noticed which shall be on or before the expiration of the Term with respect to the Engine Aircraft and shall continue on consecutive days until all activity required above to be conducted has been concluded. To the extent that any portion of the Final Inspection extends beyond the expiration of the Term, unless Lessor has terminated the Lease pursuant to Section 18(g18(f) hereof, the Term with respect to the Engine Aircraft undergoing the Final Inspection shall be deemed to have been automatically extended, and all obligations hereunder (including, without limitation, the obligation to pay Rent hereunder) continued, on a daily basis until the Final Inspection shall have been concluded and Lessee shall pay Rent during any such extension in an amount equal to the average daily Basic Rent or Renewal Rent, as the case may be, paid in respect of the last year of the Basic Term or Renewal Term, as the case may be (and Stipulated Loss Value during such extension shall equal the Stipulated Loss Value on the last day of the Basic Term or Renewal Term, as the case may be)concluded; provided, however, that Lessee shall not be required to pay Rent with respect to the Engine Aircraft during the period of extension to the extent that Lessor is responsible for the delay in completion of the Final Inspection. All storage expenses attributable to any Term extension pursuant to the preceding sentence shall be payable by Lessee, exceptexcept that Lessee shall not be liable for any storage expenses which are incurred after the sixtieth (60th) day after the - 91 - 97 Term to the extent that storage continues thereafter due to Lessor's delay in completion of the Final Inspection.

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

Final Inspection. Upon any Return Occasion, Lessee shall make the Engine available to Lessor at the location where the designated check or checks required hereunder to be performed immediately prior to redelivery is to be performed for detailed inspection of the documents referred to in paragraph (d) above and the Engine and Parts structure and parts, at Lessee's expense (excluding compensation to representatives of Lessor), in order to verify that the condition of such Engine complies with the requirements set forth above (such inspection being hereinafter referred to as the "Final Inspection"). The Final Inspection shall be combined with such check or checks and may include such other items as reasonably requested by Lessor. Lessee shall give Lessor not less than thirty (30) days prior written notice of the commencement date of such Final Inspection. The period allowed for the Final Inspection shall be the same period during which such checks are being performed and shall have such duration as to permit the opening of any areas of the Engine which are customarily necessary or advisable to satisfy Lessor as to compliance with the requirements of this Section 16 and Exhibit E. The Final Inspection shall commence on the date so noticed which shall be on or before the expiration of the Term with respect to the Engine and shall continue on consecutive days until all activity required above to be conducted has been concluded. To the extent that any portion of the Final Inspection extends beyond the expiration of the Term, unless Lessor has terminated the Lease pursuant to Section 18(g) hereof, the Term with respect to the Engine undergoing the Final Inspection shall be deemed to have been automatically extended, and all obligations hereunder (including, without limitation, the obligation to pay Rent hereunder) continued, on a daily basis until the Final Inspection shall have been concluded and Lessee shall pay Rent during any such extension in an amount equal to the average daily Basic Rent or Renewal Rent, as the case may be, paid in respect of the last year of the Basic Term or Renewal Term, as the case may be (and Stipulated Loss Value during such extension shall equal the Stipulated Loss Value on the last day of the Basic Term or Renewal Term, as the case may be); provided, however, that Lessee shall not be required to pay Rent with respect to the Engine during the period of extension to the extent that Lessor is responsible for the delay in completion of the Final Inspection. All storage expenses attributable to any Term extension pursuant to the preceding sentence shall be payable by Lessee, exceptexcept that Lessee shall not be liable for any storage expenses which are incurred after the sixtieth (60th) day after the Term to the extent that storage continues thereafter due to Lessor's delay in completion of the Final Inspection.

Appears in 1 contract

Samples: Engine Lease Agreement (America West Airlines Inc)

Final Inspection. Upon any Return Occasion, Lessee shall make Whenever all the Engine available to Lessor at the location where the designated check or checks required hereunder to be performed immediately prior to redelivery is to be performed for detailed inspection materials have been furnished and all of the documents referred to Works have been performed, including fmal cleaning -up as contemplated in paragraph Article 21, all in accordance with the drawings and Scope of Work, Seller shall notify the Engineer in writing that said work is completed and ready for final inspection. Final inspection shall occur within a ten (d10) above working Days period after the Engineer has received notice from Seller of Substantial Completion. After receipt of notice Buyer will notify Seller of the exact date and time of the final inspection and Seller shall accommodate Buyer's specific time. If all Works are found completed in accordance with the Scope of Work, this inspection shall constitute the fmal inspection and the Engine and Parts structure and parts, at Lessee's expense (excluding compensation to representatives date of Lessor), in order to verify receipt of the notice of Seller that the condition of such Engine complies with the requirements set forth above (such Works were completed and ready for fmal inspection being hereinafter referred to shall be established as the "Final Inspection"). The Final Inspection shall be combined with such check or checks and may include such other items as reasonably requested by Lessor. Lessee shall give Lessor not less than thirty (30) days prior written notice of the commencement date of such Final Inspection. The period allowed for the Final Inspection shall be the same period during which such checks are being performed and shall have such duration as to permit the opening of any areas of the Engine which are customarily necessary or advisable to satisfy Lessor as to compliance with the requirements of this Section 16 and Exhibit E. The Final Inspection shall commence on the date so noticed which shall be on or before the expiration of the Term with respect to the Engine and shall continue on consecutive days until all activity required above to be conducted has been concluded. To the extent that any portion of the Final Inspection extends beyond the expiration of the Term, unless Lessor has terminated the Lease pursuant to Section 18(g) hereof, the Term with respect to the Engine undergoing the Final Inspection shall be deemed to have been automatically extended, and all obligations hereunder continued, on a daily basis until the Final Inspection shall have been concluded and Lessee shall pay Rent during any such extension in an amount equal to the average daily Basic Rent or Renewal Rent, as the case may be, paid in respect of the last year of the Basic Term or Renewal Term, as the case may be (and Stipulated Loss Value during such extension shall equal the Stipulated Loss Value on the last day of the Basic Term or Renewal Term, as the case may be); providedCompletion." If, however, upon inspection by the Engineer it is found that Lessee any Work, in whole or in part, is unsatisfactory, the Engineer shall not give Seller the necessary instructions as to replacement of material and performance of work necessary to achieve Final Completion and acceptance and Seller shall immediately comply with and execute such instructions. Upon satisfactory replacement and performance of such Work, Seller shall notify the Engineer, and another inspection shall be required to pay Rent with respect to made which will constitute the Engine during fmal inspection if the period Required Testing demonstrates Substantial Completion. In such event, the date of extension to the extent that Lessor is responsible for the delay in completion receipt of this last notice of Seller will be established as Final Completion of the Works or any separable part thereof under the Agreement. Final Inspection. All storage expenses attributable to any Term extension pursuant to the preceding sentence Completion, thus established, shall be payable by Lessee, exceptused in calculating the actual time of performance of the work.

Appears in 1 contract

Samples: Sale and Purchase Agreement

Final Inspection. Upon any Return Occasion(1) No less than 30 days prior to commencement of the Return, Lessee shall make the Engine available to provide Lessor at the location where the designated check or checks required hereunder to be performed immediately prior to redelivery is to be performed for detailed inspection of the documents referred to in paragraph (d) above and the Engine and Parts structure and parts, at Lessee's expense (excluding compensation to representatives of Lessor), in order to verify that the condition of such Engine complies with the requirements set forth above (such inspection being hereinafter referred to as the "Final Inspection"). The Final Inspection shall be combined with such check or checks and may include such other items as reasonably requested by Lessor. Lessee shall give Lessor not less than thirty (30) days prior written notice of the commencement date (which shall be not less than fifteen (15) days prior to the Expiry Date) of, and a reasonably complete plan for the content of, the Final Maintenance and shall give Lessor further written notice of the date of, and any changes to the plan for, the Final Maintenance. During the entire period of such Final InspectionMaintenance, the Aircraft, shall be made available to Lessor and/or Lessor's agents, representatives and designees (each, an "Inspecting Party") for ground inspection by the Inspecting Parties at the location of Final Maintenance. The period allowed Aircraft Documentation shall be made available for review at the then current operator's principal place of business. So long as no Event of Default has occurred and is continuing, no such inspection shall unreasonably interfere in the business operations of Lessee except to the extent such interference is reasonably necessary to enable an Inspecting Party to exercise its rights set forth in this Section 7(c)(i). Lessee shall make available to the Inspecting Parties such documentation regarding the condition, use, maintenance, operation and history of the Aircraft during the Lease Term as Lessor may reasonably request. During the Final Inspection shall be the same period during which such checks are being performed and Inspection, any Inspecting Party shall have the right to reasonably request that additional panels or areas be opened in order to allow further inspection by any Inspecting Party so long as either (i) such duration as to permit panels are ordinarily opened during "C" Checks or (ii) there are indications of damage found by Lessor during its inspection that reasonably warrant opening such panels. Lessee shall remove the opening of any Aircraft from service and open the areas of the Engine which Aircraft as required to perform the Final Maintenance and the other inspections and checks as contemplated in this Section 7 and Schedule 5 that are customarily necessary or advisable to satisfy reasonably requested by Lessor as to compliance in accordance with the requirements of this Section 16 terms hereof and Exhibit E. The Final Inspection shall commence on the date so noticed which shall be on or before the expiration of the Term with respect otherwise permit Lessor to the Engine and shall continue on consecutive days until all activity required above to be conducted has been concluded. To the extent that any portion of the Final Inspection extends beyond the expiration of the Term, unless Lessor has terminated the Lease pursuant to Section 18(g) hereof, the Term with respect to the Engine undergoing the Final Inspection shall be deemed to have been automatically extendeddetermine, and all obligations hereunder continuedassist [Amended and Restated Lease Agreement] Lessor in determining that the Aircraft, on a daily basis until including the Final Inspection shall have been concluded and Lessee shall pay Rent during any such extension Aircraft Documentation, is in an amount equal to the average daily Basic Rent or Renewal Rent, as the case may be, paid in respect of the last year of the Basic Term or Renewal Term, as the case may be (and Stipulated Loss Value during such extension shall equal the Stipulated Loss Value on the last day of the Basic Term or Renewal Term, as the case may be); provided, however, that Lessee shall not be condition required to pay Rent with respect to the Engine during the period of extension to the extent that Lessor is responsible for the delay in completion of the Final Inspection. All storage expenses attributable to any Term extension pursuant to the preceding sentence shall be payable by Lessee, exceptherein.

Appears in 1 contract

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

Final Inspection. Upon any Return Occasion, Lessee shall make the Engine Aircraft available to Lessor at the location where the "block 'C' Check" (or equivalent level designated check or checks checks) required hereunder to be performed immediately prior to redelivery is to be performed for detailed inspection of the documents referred to in paragraph (d) above and the Engine Airframe, Engines and Parts structure and parts, at Lessee's expense (excluding compensation to representatives of Lessor), in order to verify that the condition of such Engine Aircraft complies with the requirements set forth above (such inspection being hereinafter referred to as the "Final Inspection"). The Final Inspection shall be combined with such "block 'C' Check" (or equivalent level check or checks checks) and may include such other items as reasonably requested by Lessor. Lessee shall give Lessor not less than thirty (30) days prior written notice of the commencement date of such Final Inspection. The period allowed for the Final Inspection shall be the same period during which such checks are "block 'C' Check" is being performed and shall have such duration as to permit the opening of any areas of the Engine Aircraft which are customarily necessary or advisable to satisfy Lessor as to compliance with the requirements of this Section 16 and Exhibit E. The Final Inspection shall commence on the date so noticed which shall be on or before the expiration of the Term with respect to the Engine Aircraft and shall continue on consecutive days until all activity required above to be conducted has been concluded. To the extent that any portion of the Final Inspection extends beyond the expiration of the Term, unless Lessor has terminated the Lease pursuant to Section 18(g) hereof, the Term with respect to the Engine Aircraft undergoing the Final Inspection shall be deemed to have been automatically extended, and all obligations hereunder continued, on a daily basis until the Final Inspection shall have been concluded and Lessee shall pay Rent during any such extension in an amount equal to the average daily Basic Rent or Renewal Rent, as the case may be, paid in respect of the last year of the Basic Term or Renewal Term, as the case may be (and Stipulated Loss Value during such extension shall equal the Stipulated Loss Value on the last day of the Basic Term or Renewal Term, as the case may be); provided, however, that Lessee shall not be required to pay Rent with respect to the Engine during the period of extension to the extent that Lessor is responsible for the delay in completion of the Final Inspection. All storage expenses attributable to any Term extension pursuant to the preceding sentence shall be payable by Lessee, exceptbeen

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

Final Inspection. Upon any Return Occasion(i) No less than 30 days prior to commencement of the Return, Lessee shall make the Engine available to provide Lessor at the location where the designated check or checks required hereunder to be performed immediately prior to redelivery is to be performed for detailed inspection of the documents referred to in paragraph (d) above and the Engine and Parts structure and parts, at Lessee's expense (excluding compensation to representatives of Lessor), in order to verify that the condition of such Engine complies with the requirements set forth above (such inspection being hereinafter referred to as the "Final Inspection"). The Final Inspection shall be combined with such check or checks and may include such other items as reasonably requested by Lessor. Lessee shall give Lessor not less than thirty (30) days prior written notice of the commencement date (which shall be not less than fifteen (15) days prior to the Expiry Date) of, and a reasonably complete plan for the content of, the Final Maintenance and shall give Lessor further written notice of the date of, and any changes to the plan for, the Final Maintenance. During the entire period of such Final InspectionMaintenance, the Aircraft, shall be made available to Lessor and/or Lessor's agents, representatives and designees (each, an "Inspecting Party") for ground inspection by the Inspecting Parties at the location of Final Maintenance. The period allowed Aircraft Documentation shall be made available for review at the then current operator's principal place of business. So long as no Event of Default has occurred and is continuing, no such inspection shall unreasonably interfere in the business operations of Lessee except to the extent such interference is reasonably necessary to enable an Inspecting Party to exercise its rights set forth in this Section 7(c)(i). [Lease Agreement] Lessee shall make available to the Inspecting Parties such documentation regarding the condition, use, maintenance, operation and history of the Aircraft during the Lease Term as Lessor may reasonably request. During the Final Inspection shall be the same period during which such checks are being performed and Inspection, any Inspecting Party shall have the right to reasonably request that additional panels or areas be opened in order to allow further inspection by any Inspecting Party so long as either (i) such duration as to permit panels are ordinarily opened during "C" Checks or (ii) there are indications of damage found by Lessor during its inspection that reasonably warrant opening such panels. Lessee shall remove the opening of any Aircraft from service and open the areas of the Engine which Aircraft as required to perform the Final Maintenance and the other inspections and checks as contemplated in this Section 7 and Schedule 5 that are customarily necessary or advisable to satisfy reasonably requested by Lessor as to compliance in accordance with the requirements of this Section 16 terms hereof and Exhibit E. The Final Inspection shall commence on the date so noticed which shall be on or before the expiration of the Term with respect otherwise permit Lessor to the Engine and shall continue on consecutive days until all activity required above to be conducted has been concluded. To the extent that any portion of the Final Inspection extends beyond the expiration of the Term, unless Lessor has terminated the Lease pursuant to Section 18(g) hereof, the Term with respect to the Engine undergoing the Final Inspection shall be deemed to have been automatically extendeddetermine, and all obligations hereunder continuedassist Lessor in determining that the Aircraft, on a daily basis until including the Final Inspection shall have been concluded and Lessee shall pay Rent during any such extension Aircraft Documentation, is in an amount equal to the average daily Basic Rent or Renewal Rent, as the case may be, paid in respect of the last year of the Basic Term or Renewal Term, as the case may be (and Stipulated Loss Value during such extension shall equal the Stipulated Loss Value on the last day of the Basic Term or Renewal Term, as the case may be); provided, however, that Lessee shall not be condition required to pay Rent with respect to the Engine during the period of extension to the extent that Lessor is responsible for the delay in completion of the Final Inspection. All storage expenses attributable to any Term extension pursuant to the preceding sentence shall be payable by Lessee, exceptherein.

Appears in 1 contract

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

Final Inspection. Upon any the Return Occasion, Lessee shall make the Engine Aircraft available to Lessor at Lessee's principal maintenance base or at the location where at which the designated "C" check or checks required hereunder referred to be performed immediately prior to redelivery below is to be being performed for detailed inspection of the documents referred to in paragraph (d) above and the Engine and Parts structure and partsinspection, at Lessee's expense (excluding compensation to representatives of provided, that Lessee shall not bear any costs or expenses associated with Lessor's representatives), in order to verify that the condition of such Engine the Aircraft complies with the requirements set forth above (such inspection being hereinafter referred to as the "Final Inspection"). The Final Inspection shall be combined conducted concurrently with such check or checks and may include such other items as reasonably requested by Lessorthe "C" Check to be performed immediately prior to the Return Occasion. Lessee shall give Lessor not less than thirty ten (3010) days prior written notice of the commencement date of such Final Inspection"C" Check. The period allowed for the Final Inspection shall be the same period during which such checks are being performed and shall have such duration as to permit the opening Lessor to verify Lessee's satisfaction of any areas of the Engine which are customarily necessary or advisable to satisfy Lessor as to compliance with the requirements of this Section 16 and Exhibit E. The Final Inspection shall commence on the date so noticed which shall be on or before the expiration of the Term with respect to the Engine E and shall continue on consecutive days until all activity required above to be conducted during the Final Inspection has been concluded; provided, however, that Lessor shall use its best efforts to complete the Final Inspection contemporaneously with the completion of such "C" Check. To the extent that any portion of the Final Inspection extends beyond the expiration of the Term, unless Lessor has terminated the Lease pursuant to Section 18(g) hereofExpiration Date, the Term with respect to the Engine undergoing the Final Inspection shall be deemed to have been automatically extended, and all obligations the obligation to pay Rent hereunder continued, continued on a daily basis until the Final Inspection shall have been concluded concluded, provided that such Rent shall be payable only if (i) Lessor provided on a timely basis sufficient personnel to complete the Final Inspection in a timely manner and Lessee shall pay Rent during any (ii) the cause of such extension in an amount equal is not directly attributable to the average daily Basic Rent Lessor or Renewal Rent, as the case may be, paid in respect of the last year of the Basic Term or Renewal Term, as the case may be (and Stipulated Loss Value during such extension shall equal the Stipulated Loss Value on the last day of the Basic Term or Renewal Term, as the case may be); provided, however, that Lessee shall not be required to pay Rent with respect to the Engine during the period of extension to the extent that Lessor is responsible for the delay in completion of the Final Inspectionits personnel. All storage expenses attributable to any extension of the Term extension pursuant to the preceding sentence shall be payable by Lessee, except. (h)

Appears in 1 contract

Samples: Aircraft Lease Agreement

Final Inspection. Upon any Return Occasion, Lessee shall make the Engine Aircraft available to Lessor at the location where the "block 'C' Check" (or equivalent level designated check or checks checks) required hereunder to be performed immediately prior to redelivery is to be performed for detailed inspection of the documents referred to in paragraph (d) above and the Engine Airframe, Engines and Parts structure and parts, at Lessee's expense (excluding compensation to representatives of Lessor), in order to verify that the condition of such Engine Aircraft complies with the requirements set forth above (such inspection being hereinafter referred to as the "Final Inspection"). The Final Inspection shall be combined with such "block 'C' Check" (or equivalent level check or checks checks) and may include such other items as reasonably requested by Lessor. Lessee shall give Lessor not less than thirty (30) days prior written notice of the commencement date of such Final Inspection. The period allowed for the Final Inspection shall be the same period during which such checks are "block 'C' Check" is being performed and shall have such duration as to permit the opening of any areas of the Engine Aircraft which are customarily necessary or advisable to satisfy Lessor as to compliance with the requirements of this Section 16 and Exhibit E. The Final Inspection shall commence on the date so noticed which shall be on or before the expiration of the Term with respect to the Engine Aircraft and shall continue on consecutive days until all activity required above to be conducted has been concluded. To the extent that any portion of the Final Inspection extends beyond the expiration of the Term, unless Lessor has terminated the Lease pursuant to Section 18(g) hereof, the Term with respect to the Engine Aircraft undergoing the Final Inspection shall be deemed to have been automatically extended, and all obligations hereunder continued, on a daily basis until the Final Inspection shall have been concluded and Lessee shall pay Rent during any such extension in an amount equal to the average daily Basic Rent or Renewal Rent, as the case may be, paid in respect of the last year of the Basic Term or Renewal Term, as the case may be (and Stipulated Loss Value during such extension shall equal the Stipulated Loss Value on the last day of the Basic Term or Renewal Term, as the case may be); provided, however, that Lessee shall not be required to pay Rent with respect to the Engine Aircraft during the period of extension to the extent that Lessor is responsible for the delay in completion of the Final Inspection. All storage expenses attributable to any Term extension pursuant to the preceding sentence shall be payable by Lessee, exceptexcept that Lessee shall not be liable for any storage expenses which are incurred after the sixtieth (60th) day after the Term to the extent that storage continues thereafter due to Lessor's delay in completion of the Final Inspection.

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

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Final Inspection. Upon any the Return Occasion, Lessee shall make the Engine available to Lessor at the location where the designated check or checks required hereunder to be performed immediately prior to redelivery is to be performed for detailed inspection of the documents referred to in paragraph (d) above and the Engine and Parts structure and partsAircraft available, at Lessee's expense (excluding compensation expense, to representatives of Lessor), Lessor at Lessee's principal maintenance base or such other location mutually agreed to by Lessor and Lessee for detailed inspection in order to verify that the condition of such Engine the Aircraft (other than the Hush Kits) complies with the requirements set forth above above, and Lessee shall thereafter make the Aircraft available at the Return Location for a further and final Engine inspection, including borescope and power assurance runs (such inspection being hereinafter collectively referred to as the "Final Inspection"). The Lessor shall cause the Final Inspection shall to be combined with such check or checks and may include such other items as reasonably requested by Lessorconducted only during those times when the Aircraft is not engaged in operation. Lessee shall give Lessor not less than thirty ten (3010) days prior written notice of the commencement date of such Final Inspection. The period allowed for the Final Inspection shall be the same period during which such checks are being performed and shall have such duration as to permit the opening of any areas of the Engine Aircraft which are customarily necessary or advisable would be opened by Lessee to satisfy Lessor as to compliance with the requirements of this Section 16 and Exhibit E. The Final Inspection shall commence on the date so noticed which shall be on or before the expiration of the Term Expiration Date with respect to the Engine Aircraft and shall continue on consecutive days until all activity required above to be conducted during the Final Inspection has been concluded. To the extent that any portion of the Final Inspection extends beyond the expiration of the Term, unless Lessor has terminated the Lease pursuant to Section 18(g) hereofExpiration Date, the Term with respect to the Engine undergoing the Final Inspection shall be deemed to have been automatically extended, and all obligations the obligation to pay Rent hereunder continued, shall continue on a daily basis at the rate of 125% of the Basic Rent until the Final Inspection shall have been concluded and Lessee shall pay Rent during any such extension in an amount equal to the average daily Basic Rent or Renewal Rent, as the case may be, paid in respect of the last year of the Basic Term or Renewal Term, as the case may be (and Stipulated Loss Value during such extension shall equal the Stipulated Loss Value on the last day of the Basic Term or Renewal Term, as the case may be); provided, however, that Lessee shall not be required to pay Rent with respect to the Engine during the period of extension to the extent that Lessor is responsible for the delay in completion of the Final Inspectionconcluded. All storage expenses attributable to any extension of the Term extension pursuant to the preceding sentence shall be payable by Lessee, exceptand Lessee shall continue to insure the Aircraft in accordance with Section 12 during any such extension period. Lessor shall work diligently in its inspection of the Aircraft, such that any delay in completion of the Final Inspection is not caused solely by any act or omission by or on behalf of Lessor.

Appears in 1 contract

Samples: Aircraft Lease Agreement (Kitty Hawk Inc)

Final Inspection. Upon any Return OccasionFollowing the date Seller vacates the property, Lessee the Buyer (“Buyer shall make include Buyer’s Representative) shall inspect the Engine available property to Lessor ensure compliance with this Agreement and the Contract (the “Final Inspection”). Seller (“Seller” shall include Seller’s Representative) has the right to be present at such inspection. The final inspection shall take place at PM on , or such other date and times the parties may specify by joint written notice to the Realtors. In the event Buyer determines that all provisions of this Agreement and the Contract have not been complied with, Buyer shall provide to Seller or Seller’s Agent (If either is present at the location where the designated check or checks required hereunder to be performed immediately prior to redelivery is to be performed for detailed inspection of the documents referred to in paragraph (d) above and the Engine and Parts structure and parts, at Lessee's expense (excluding compensation to representatives of Lessor), in order to verify that the condition of such Engine complies with the requirements set forth above (such inspection being hereinafter referred to as the "Final Inspection"). The Final Inspection shall be combined with such check ) and to Buyers Agent on or checks and may include such other items as reasonably requested by Lessor. Lessee shall give Lessor not less than thirty before 5:00 PM on the 3rd business day (30Monday – Friday excluding Federal designated holidays) days prior written notice of following the commencement date of such Final Inspection. The period allowed for the Final Inspection above or such other Final Inspection date a written list of claims against the security deposit (“Claims List”). In the event such Claims List is not delivered to the Realtors within said timeframe, the Buyer shall be precluded from making any claims under this Agreement against the security deposit. In such case the Buyers are hereby authorized and directed to release any funds remaining in said account to the Seller without any further agreement, notice by or to the parties, or duty to make further inquiry. In the event a claims list is delivered within said timeframe, and includes Damage to the property and/or repairs required to be made under the Contract or this Agreement, the Buyer shall be irrevocably authorized for a period of 14 calendar days after the Final Inspection specified above (or such other Final Inspection date as may have been specified by joint written notice from Buyer and Seller to the Realtors) to complete required repairs and to provide invoices for same period during to Realtors, which such checks are being performed invoices said Buyer shall be irrevocably authorized and shall have such duration as directed to permit the opening of any areas pay, or reimburse Buyer out of the Engine which escrow fund. In the event that Realtors receive written notice from Buyer within said 14 day timeframe that required repairs are customarily necessary so substantial or advisable of such a nature that the work will not be completed within said 14 day time frame, the period for completion or repairs under this Agreement may be extended for a period deemed reasonable, as determined by Selling Agent in its sole discretion. Following payment of all claims pursuant to satisfy Lessor as to compliance with the requirements provisions of this Section 16 and Exhibit E. The Final Inspection shall commence on Agreement, the date so noticed which balance of said Deposit, if any, shall be on dispersed to Seller. The Buyer is also authorized to release all deposit funds at any time pursuant to either (A) a written notice from Buyer to Realtors directing a release of all funds to Seller, or before (B) a joint written notice from Buyer and Seller to Realtors specifying any other dispositions of such funds. Notwithstanding the expiration release of the Term deposit funds, the parties agree that the rights and obligations of the parties with respect to the Engine and shall continue on consecutive days until all activity required above to be conducted has been concluded. To the extent that any portion condition of the Final Inspection extends beyond the expiration of the Term, unless Lessor has terminated the Lease pursuant to Section 18(g) hereof, the Term with respect to the Engine undergoing the Final Inspection shall be deemed to have been automatically extended, and all obligations hereunder continued, on a daily basis until the Final Inspection shall have been concluded and Lessee shall pay Rent during any such extension in an amount equal to the average daily Basic Rent or Renewal Rent, property as the case may be, paid in respect of the last year of the Basic Term or Renewal Term, as the case may be (specified in the Agreement or the Contract shall survive and Stipulated Loss Value during such extension shall equal the Stipulated Loss Value on the last day of the Basic Term or Renewal Term, as the case may be); provided, however, that Lessee shall not be required to pay Rent with respect to the Engine during the period of extension to the extent that Lessor is responsible for the delay remain in completion of the Final Inspection. All storage expenses attributable to any Term extension pursuant to the preceding sentence shall be payable by Lessee, exceptfull force and effect.

Appears in 1 contract

Samples: Post Settlement Occupancy Agreement

Final Inspection. Upon any Return Occasion, Lessee shall make the Engine Aircraft available to Lessor at the location where the "block 'C' Check" (or equivalent level designated check or checks checks) required hereunder to be performed immediately prior to redelivery is to be performed for detailed inspection of the documents referred to in paragraph (d) above and the Engine Airframe, Engines and Parts structure and parts, at Lessee's expense (excluding compensation to representatives of Lessor), in order to verify that the condition of such Engine Aircraft complies with the requirements set forth above (such inspection being hereinafter referred to as the "Final Inspection"). The Final Inspection shall be combined with such "block 'C' Check" (or equivalent level check or checks checks) and may include such other items as reasonably requested by Lessor. Lessee shall give Lessor not less than thirty (30) days prior written notice of the commencement date of such Final Inspection. The period allowed for the Final Inspection shall be the same period during which such checks are "block 'C' Check" is being performed and shall have such duration as to permit the opening of any areas of the Engine Aircraft which are customarily necessary or advisable to satisfy Lessor as to compliance with the requirements of this Section 16 and Exhibit E. The Final Inspection shall commence on the date so noticed which shall be on or before the expiration of the Term with respect to the Engine Aircraft and shall continue on consecutive days until all activity required above to be conducted has been concluded. To the extent that any portion of the Final Inspection extends beyond the expiration of the Term, unless Lessor has terminated the Lease pursuant to Section 18(g) hereof, the Term with respect to the Engine Aircraft undergoing the Final Inspection shall be deemed to have been automatically extended, and all obligations hereunder continued, on a daily basis until the Final Inspection shall have been concluded and Lessee shall pay Rent during any such extension in an amount equal to the average daily Basic Rent or Renewal Rent, as the case may be, paid in respect of the last year of the Basic Term or Renewal Term, as the case may be (and Stipulated Loss Value during such extension shall equal the Stipulated Loss Value on the last day of the Basic Term or Renewal Term, as the case may be); provided, however, that Lessee shall not be required to pay Rent with respect to the Engine Aircraft during the period of extension to the extent that Lessor is responsible for the delay in - 93 - 95 completion of the Final Inspection. All storage expenses attributable to any Term extension pursuant to the preceding sentence shall be payable by Lessee, exceptexcept that Lessee shall not be liable for any storage expenses which are incurred after the sixtieth (60th) day after the Term to the extent that storage continues thereafter due to Lessor's delay in completion of the Final Inspection.

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

Final Inspection. Upon any Return Occasion, Lessee shall make the Engine Aircraft available to Lessor at the location where the "block 'C' Check" (or equivalent level designated check or checks checks) required hereunder to be performed immediately prior to redelivery is to be performed for detailed inspection of the documents referred to in paragraph (d) above and the Engine Airframe, Engines and Parts structure and parts, at Lessee's expense (excluding compensation to representatives of Lessor), in order to verify that the condition of such Engine Aircraft complies with the requirements set forth above (such inspection being hereinafter referred to as the "Final Inspection"). The Final Inspection shall be combined with such "block 'C' Check" (or equivalent level check or checks checks) and may include such other items as reasonably requested by Lessor. Lessee shall give Lessor not less than thirty (30) days prior written notice of the commencement date of such Final Inspection. The period allowed for the Final Inspection shall be the same period during which such checks are "block 'C' Check" is being performed and shall have such duration as to permit the opening of any areas of the Engine Aircraft which are customarily necessary or advisable to satisfy Lessor as to compliance with the requirements of this Section 16 and Exhibit E. The Final Inspection shall commence on the date so noticed which shall be on or before the expiration of the Term with respect to the Engine Aircraft and shall continue on consecutive days until - 93 - 95 all activity required above to be conducted has been concluded. To the extent that any portion of the Final Inspection extends beyond the expiration of the Term, unless Lessor has terminated the Lease pursuant to Section 18(g18(f) hereof, the Term with respect to the Engine Aircraft undergoing the Final Inspection shall be deemed to have been automatically extended, and all obligations hereunder (including, without limitation, the obligation to pay Rent hereunder) continued, on a daily basis until the Final Inspection shall have been concluded and Lessee shall pay Rent during any such extension in an amount equal to the average daily Basic Rent or Renewal Rent, as the case may be, paid in respect of the last year of the Basic Term or Renewal Term, as the case may be (and Stipulated Loss Value during such extension shall equal the Stipulated Loss Value on the last day of the Basic Term or Renewal Term, as the case may be)concluded; provided, however, that Lessee shall not be required to pay Rent with respect to the Engine Aircraft during the period of extension to the extent that Lessor is responsible for the delay in completion of the Final Inspection. All storage expenses attributable to any Term extension pursuant to the preceding sentence shall be payable by Lessee, exceptexcept that Lessee shall not be liable for any storage expenses which are incurred after the sixtieth (60th) day after the Term to the extent that storage continues thereafter due to Lessor's delay in completion of the Final Inspection.

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

Final Inspection. Upon any Return Occasion, Lessee shall make the Engine Aircraft available to Lessor at the location where the "block 'C' Check" (or equivalent level designated check or checks checks) required hereunder to be performed immediately prior to redelivery is to be performed for detailed inspection of the documents referred to in paragraph (d) above and the Engine Airframe, Engines and Parts structure and parts, at Lessee's expense (excluding compensation to representatives of Lessor), in order to verify that the condition of such Engine Aircraft complies with the requirements set forth above (such inspection being hereinafter referred to as the "Final Inspection"). The Final Inspection shall be combined with such "block 'C' Check" (or equivalent level check or checks checks) and may include such other items as reasonably requested by Lessor. Lessee shall give Lessor not less than thirty (30) days prior written notice of the commencement date of such Final Inspection. The period allowed for the Final Inspection shall be the same period during which such checks are "block 'C' Check" is being performed and shall have such duration as to permit the opening of any areas of the Engine Aircraft which are customarily necessary or advisable to satisfy Lessor as to compliance with the requirements of this Section 16 and Exhibit E. The Final Inspection shall commence on the date so noticed which shall be on or before the expiration of the Term with respect to the Engine Aircraft and shall continue on consecutive days until all activity required above to be conducted has been concluded. To the extent that any portion of the Final Inspection extends beyond the expiration of the Term, unless Lessor has terminated the Lease pursuant to Section 18(g) 96 hereof, the Term with respect to the Engine Aircraft undergoing the Final Inspection shall be deemed to have been automatically extended, and all obligations hereunder continued, on a daily basis until the Final Inspection shall have been concluded and Lessee shall pay Rent during any such extension in an amount equal to the average daily Basic Rent or Renewal Rent, as the case may be, paid in respect of the last year of the Basic Term or Renewal Term, as the case may be (and Stipulated Loss Value during such extension shall equal the Stipulated Loss Value on the last day of the Basic Term or Renewal Term, as the case may be); provided, however, that Lessee shall not be required to pay Rent with respect to the Engine Aircraft during the period of extension to the extent that Lessor is responsible for the delay in completion of the Final Inspection. All storage expenses attributable to any Term extension pursuant to the preceding sentence shall be payable by Lessee, exceptexcept that Lessee shall not be liable for any storage expenses which are incurred after the sixtieth (60th) day after the Term to the extent that storage continues thereafter due to Lessor's delay in completion of the Final Inspection.

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

Final Inspection. Upon any Return Occasion, Lessee shall make the Engine Aircraft available to Lessor at the location where the "block 'C' Check" (or equivalent level designated check or checks checks) required hereunder to be performed immediately prior to redelivery is to be performed for detailed inspection of the documents referred to in paragraph (d) above and the Engine Airframe, Engines and Parts structure and parts, at Lessee's expense (excluding compensation to representatives of Lessor), in order to verify that the condition of such Engine Aircraft complies with the requirements set forth above (such inspection being hereinafter referred to as the "Final Inspection"). The Final Inspection shall be combined with such "block 'C' Check" (or equivalent level check or checks checks) and may include such other items as reasonably requested by Lessor. Lessee shall give Lessor not less than thirty (30) days prior written notice of the commencement date of such Final Inspection. The period allowed for the Final Inspection shall be the same period during which such checks are "block 'C' Check" is being performed and shall have such duration as to permit the opening of any areas of the Engine Aircraft which are customarily necessary or advisable to satisfy Lessor as to compliance with the requirements of this Section 16 and Exhibit E. The Final Inspection shall commence on the date so noticed which shall be on or before the expiration of the Term with respect to the Engine Aircraft and shall continue on consecutive days until all activity required above to be conducted has been concluded. To the extent that any portion of the Final Inspection extends beyond the expiration of the Term, unless Lessor has terminated the Lease pursuant to Section 18(g18(f) hereof, the Term with respect to the Engine Aircraft undergoing the Final Inspection shall be deemed to have been automatically extended, and all obligations hereunder (including, without limitation, the obligation to pay Rent hereunder) continued, on a daily basis until the Final Inspection shall have been concluded and Lessee shall pay Rent during any such extension in an amount equal to the average daily Basic Rent or Renewal Rent, as the case may be, paid in respect of the last year of the Basic Term or Renewal Term, as the case may be (and Stipulated Loss Value during such extension shall equal the Stipulated Loss Value on the last day of the Basic Term or Renewal Term, as the case may be); provided, however, that Lessee shall not be required to pay Rent with respect to the Engine during the period of extension to the extent that Lessor is responsible for the delay in completion of the Final Inspection. All storage expenses attributable to any Term extension pursuant to the preceding sentence shall be payable by Lessee, exceptbeen

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

Final Inspection. Upon any Return Occasion, Lessee shall make the Engine Aircraft available to Lessor at the location where the "block 'C' Check" (or equivalent level designated check or checks checks) required hereunder to be performed immediately prior to redelivery is to be performed for detailed inspection of the documents referred to in paragraph (d) above and the Engine Airframe, Engines and Parts structure and parts, at Lessee's expense (excluding compensation to representatives of Lessor), in order to verify that the condition of such Engine Aircraft complies with the requirements set forth above (such inspection being hereinafter referred to as the "Final Inspection"). The Final Inspection shall be combined with such "block 'C' Check" (or equivalent level check or checks checks) and may include such other items as reasonably requested by Lessor. Lessee shall give Lessor not less than thirty (30) days prior written notice of the commencement date of such Final Inspection. The period allowed for the Final Inspection shall be the same period during which such checks are "block 'C' Check" is being performed and shall have such duration as to permit the opening of any areas of the Engine Aircraft which are customarily necessary or advisable to satisfy Lessor as to compliance with the requirements of this Section 16 and Exhibit E. The Final Inspection shall commence on the date so noticed which shall be on or before the expiration of the Term with respect to the Engine Aircraft and shall continue on consecutive days until - 91 - 93 all activity required above to be conducted has been concluded. To the extent that any portion of the Final Inspection extends beyond the expiration of the Term, unless Lessor has terminated the Lease pursuant to Section 18(g18(f) hereof, the Term with respect to the Engine Aircraft undergoing the Final Inspection shall be deemed to have been automatically extended, and all obligations hereunder (including, without limitation, the obligation to pay Rent hereunder) continued, on a daily basis until the Final Inspection shall have been concluded and Lessee shall pay Rent during any such extension in an amount equal to the average daily Basic Rent or Renewal Rent, as the case may be, paid in respect of the last year of the Basic Term or Renewal Term, as the case may be (and Stipulated Loss Value during such extension shall equal the Stipulated Loss Value on the last day of the Basic Term or Renewal Term, as the case may be)concluded; provided, however, that Lessee shall not be required to pay Rent with respect to the Engine Aircraft during the period of extension to the extent that Lessor is responsible for the delay in completion of the Final Inspection. All storage expenses attributable to any Term extension pursuant to the preceding sentence shall be payable by Lessee, exceptexcept that Lessee shall not be liable for any storage expenses which are incurred after the sixtieth (60th) day after the Term to the extent that storage continues thereafter due to Lessor's delay in completion of the Final Inspection.

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

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