Common use of Absence of Certain Duties Clause in Contracts

Absence of Certain Duties. Except in accordance with ------------------------- written instructions furnished pursuant to Sections 5.01 and 5.02 and except as provided in, and without limiting the generality of, Sections 3.01, 5.04 and 5.05 and the last sentence of Section 9.01(b), the Owner Trustee shall have no duty (i) to see to any registration of the Aircraft or any recording or filing of the Lease, this Trust Agreement, the Indenture, any financing or continuation statement or of any supplement to any thereof or to see to the maintenance of any such registration, rerecording or refiling, except that of Owner Trustee to comply with the FAA reporting requirements set forth in 14 C.F.R. ss.47.45 and 14 C.F.R. ss.47.51 or any successor provisions, and that the Owner Trustee shall upon written request furnished by Lessee take such action as may be required of the Owner Trustee to maintain the registration of the Aircraft in the name of the Owner Trustee under the Act or, to the extent the Aircraft is registered in a country other than the United States of America pursuant to Section 4.02 of the Participation Agreement, other Applicable Law, and to the extent that information for that purpose is supplied by Lessee pursuant to any of the Operative Agreements, complete and timely submit any and all reports relating to the Aircraft which may from time to time be required by the FAA or any government or governmental authority having jurisdiction, (ii) to see to any insurance on the Aircraft or to effect or maintain any such insurance, whether or not Lessee shall be in default with respect thereto, (iii) to see to the payment or discharge of any tax, assessment or other governmental charge or any Lien or encumbrance of any kind owing with respect to, assessed or levied against any part of the Trust Estate except as provided by Section 5.04 hereof or Section 5.03(b) of the Participation Agreement, (iv) to confirm or verify any financial statements of Lessee or (v) to inspect the Aircraft or the books and records of Lessee with respect to the Aircraft. Notwithstanding the foregoing, the Owner Trustee will furnish to Indenture Trustee and Owner Participant, promptly upon receipt thereof, duplicates or copies of all reports, notices, requests, demands, certificates, financial statements and other instruments furnished to Owner Trustee under the Lease or any other Operative Agreement except to the extent to which a Responsible Officer of Owner Trustee reasonably believes (and confirms by telephone call with Owner Participant) that duplicates or copies thereof have already been furnished to Owner Participant by some other Person.

Absence of Certain Duties. Except in accordance with ------------------------- written instructions furnished pursuant to Sections 5.01 and 5.02 and except as provided in, and without limiting the generality of, Sections 3.01, 5.04 and 5.05 and the last sentence of Section 9.01(b8.01(b), the Owner Trustee shall have no duty (i) to see to any registration of the Aircraft or any recording or filing of the Lease, this Trust Agreement, the Indenture, any financing or continuation statement or of any supplement to any thereof or to see to the maintenance of any such registration, rerecording or refiling, except that of Owner Trustee to comply with the FAA reporting requirements set forth in 14 C.F.R. ss.47.45 Section 47.45 and 14 C.F.R. ss.47.51 Section 47.51 or any successor provisions, and that the Owner Trustee shall upon written request furnished by Lessee take such action as may be required of the Owner Trustee to maintain the registration of the Aircraft in the name of the Owner Trustee under the Act or, to the extent the Aircraft is registered in a country other than the United States of America pursuant to Section 4.02 of the Participation Agreement, other Applicable Law, and to the extent that information for that purpose is supplied by Lessee pursuant to any of the Operative Agreements, complete and timely submit any and all reports relating to the Aircraft which may from time to time be required by the FAA or any government or governmental authority having jurisdiction, (ii) to see to any insurance on the Aircraft or to effect or maintain any such insurance, whether or not Lessee shall be in default with respect thereto, (iii) to see to the payment or discharge of any tax, assessment or other governmental charge or any Lien or encumbrance of any kind owing with respect to, assessed or levied against any part of the Trust Estate except as provided by Section 5.04 hereof or Section 5.03(b) of the Participation Agreement, (iv) to confirm or verify any financial statements of Lessee or (v) to inspect the Aircraft or the books and records of Lessee with respect to the Aircraft. Notwithstanding the foregoing, the Owner Trustee will furnish to Indenture Trustee and Owner Participant, promptly upon receipt thereof, duplicates or copies of all reports, notices, requests, demands, certificates, financial statements and other instruments furnished to Owner Trustee under the Lease or any other Operative Agreement except to the extent to which a Responsible Officer of Owner Trustee reasonably believes (and confirms by telephone call with Owner Participant) that duplicates or copies thereof have already been furnished to Owner Participant by some other Person.

Absence of Certain Duties. Except in accordance with ------------------------- written instructions furnished pursuant to Sections Section 5.01 and or 5.02 hereof and except as provided in, and without limiting the generality of, Sections 3.01, 5.04 and 5.05 hereof and the last sentence of Section 9.01(b)) hereof, neither the Owner Trustee nor SBC shall have no any duty (i) to see to any registration of the Aircraft or any recording or filing of the Lease, this Trust Agreement, the Indenture, any financing or continuation statement Operative Agreement or of any supplement to any thereof or to see to the maintenance of any such registration, rerecording recording or refilingfiling or any other filing of reports with the Federal Aviation Administration or other governmental agencies, except that of Owner Trustee SBC in its individual capacity agrees to comply with the FAA Federal Aviation Administration reporting requirements set forth in TRUST AGREEMENT [N604SW] -7- 13 14 C.F.R. ss.47.45 Section 47.45 and 14 C.F.R. ss.47.51 or any successor provisionsSection 47.51, and that the Owner Trustee shall upon written request furnished by Lessee take such action as may be required of the Owner Trustee to maintain the registration of the Aircraft in the name of the Owner Trustee under the Act orshall, to the extent the Aircraft is registered in a country other than the United States of America pursuant to Section 4.02 of the Participation Agreement, other Applicable Law, and to the extent that information for that purpose is timely supplied by Lessee and approved by the Owner Participant pursuant to any of the Operative Agreements, complete and timely submit (and furnish the Owner Participant with a copy of) any and all reports relating to the Aircraft which may from time to time be required by the FAA Federal Aviation Administration or any government or governmental authority having jurisdiction, (ii) to see to any insurance on the Aircraft or to effect or maintain any such insurance, whether or not Lessee shall be in default with respect thereto, other than to forward to the Owner Participant copies of all reports and other written information which the Owner Trustee receives from Lessee pursuant to Section 11 of the Lease, (iii) to see to the payment or discharge of any tax, assessment or other governmental charge or any Lien lien or encumbrance of any kind owing with respect to, assessed or levied against any part of the Trust Indenture Estate or the Trust Estate, except as provided by in Section 5.04 hereof hereof, Section 4.01(ii) or 4.02 of the Trust Indenture or Section 5.03(b8(g) of the Participation Agreement, or (iv) to confirm or verify any financial statements of Lessee or (v) to inspect the Aircraft or the Lessee's books and records of Lessee with respect to the AircraftAircraft at any time permitted pursuant to the Lease. Notwithstanding the foregoing, the Owner Trustee will furnish to the Indenture Trustee and the Owner Participant, promptly upon receipt thereof, duplicates or copies of all reports, notices, requests, demands, certificates, financial statements and other instruments furnished to the Owner Trustee under the Lease or any other Operative Agreement except to the extent to which a Responsible Officer that any of Owner Trustee reasonably believes (and confirms by telephone call with Owner Participant) the same shall not state on its face or otherwise that duplicates or copies thereof have already it has been furnished to Owner Participant by some other Personso distributed.

Absence of Certain Duties. Except in accordance with ------------------------- written instructions furnished pursuant to Sections 5.01 and 5.02 and except as provided in, and without limiting the generality of, Sections 3.01, 5.04 and 5.05 and the last sentence of Section 9.01(b), the Owner Trustee shall have no duty (i) to see to any registration of the Aircraft or any recording or filing of the Lease, this Trust Agreement, the Indenture, any financing or continuation statement or of any supplement to any thereof or to see to the maintenance of any such registration, rerecording or refiling, except that of Owner Trustee to comply with the FAA reporting requirements set forth in 14 C.F.R. ss.47.45 (S) 47.45 and 14 C.F.R. ss.47.51 (S) 47.51 or any successor provisions, and that the Owner Trustee shall upon written request furnished by Lessee take such action as may be required of the Owner Trustee to maintain the registration of the Aircraft in the name of the Owner Trustee under the Act or, to the extent the Aircraft is registered in a country other than the United States of America pursuant to Section 4.02 of the Participation Agreement, other Applicable Law, and to the extent that information for that purpose is supplied by Lessee pursuant to any of the Operative Agreements, complete and timely submit any and all reports relating to the Aircraft which may from time to time be required by the FAA or any government or governmental authority having jurisdiction, (ii) to see to any insurance on the Aircraft or to effect or maintain any such insurance, whether or not Lessee shall be in default with respect thereto, (iii) to see to the payment or discharge of any tax, assessment or other governmental charge or any Lien or encumbrance of any kind owing with respect to, assessed or levied against any part of the Trust Estate except as provided by Section 5.04 hereof or Section 5.03(b) of the Participation Agreement, (iv) to confirm or verify any financial statements of Lessee or (v) to inspect the Aircraft or the books and records of Lessee with respect to the Aircraft. Notwithstanding the foregoing, the Owner Trustee will furnish to the Indenture Trustee and Owner Participant, promptly upon receipt thereof, duplicates or copies of all reports, notices, requests, demands, certificates, financial statements and other instruments furnished to Owner Trustee under the Lease or any other Operative Agreement except to the extent to which a Responsible Officer of Owner Trustee reasonably believes (and confirms by telephone call with Owner Participant) that duplicates or copies thereof have already been furnished to Owner Participant by some other Person.

Absence of Certain Duties. Except in accordance with ------------------------- written instructions furnished pursuant to Sections 5.01 and SECTION 5.02 and except as provided in, and without limiting the generality of, Sections 3.01, SECTIONS 3.01 and 5.04 and 5.05 and the last sentence of Section SECTION 9.01(b), the neither Owner Trustee nor Bank shall have no any duty (ia) to see to any registration of the Aircraft or bear independent and primary responsibility for any recording or filing of the Lease, this Trust Agreement, the Indenture, any financing or continuation statement Operative Agreement or of any supplement to any thereof thereto or to see to the maintenance of any such registration, rerecording recording or refilingfiling or any other filing of reports with the FAA or any other Government Entity, except that of Owner Trustee Bank in its individual capacity agrees to comply with the FAA reporting requirements set forth in 14 C.F.R. ss.47.45 CFR 47.45 and 14 C.F.R. ss.47.51 or any successor provisionsCFR 47.51, and that the Owner Trustee shall upon written request furnished by Lessee take such action as may be required of the Owner Trustee to maintain the registration of the Aircraft in the name of the Owner Trustee under the Act orshall, to the extent the Aircraft is registered in a country other than the United States of America pursuant to Section 4.02 of the Participation Agreement, other Applicable Law, and to the extent that information for that purpose is timely supplied by Lessee pursuant to any of the Operative Agreements, complete and timely submit (and furnish Owner Participant with a copy of) any and all reports relating to the Aircraft which that may from time to time be required by the FAA or any government or governmental authority other Government Entity having jurisdiction, (iib) to see to bear independent and primary responsibility for any insurance on the Aircraft or to effect or maintain any such insurance, whether or not Lessee shall be in default with respect thereto, other than to forward to Owner Participant copies of all reports and other written information that Owner Trustee receives from Lessee pursuant to Section 11 of the Lease, (iiic) to see to bear independent and primary responsibility for the payment or discharge of any taxTax, assessment or other governmental charge or any Lien or encumbrance of any kind owing with respect to, assessed or levied against any part of the Trust Estate Estate, except as provided by Section in the last two sentences of SECTION 5.04 hereof or in Section 5.03(b) 7.3 of the Participation Agreement, (iv) to confirm or verify any financial statements of Lessee or (vd) to inspect the Aircraft or the Lessee's books and records of Lessee with respect to the AircraftAircraft at any time permitted pursuant to the Lease. Notwithstanding the foregoing, the Owner Trustee will furnish to Indenture Trustee and Owner Participant, promptly upon receipt thereof, duplicates or copies of all reports, notices, requests, demands, certificates, financial statements and other instruments furnished to Owner Trustee under the Lease or any other Operative Agreement except to the extent to which a Responsible Officer responsible officer of Owner Trustee reasonably believes (and confirms by telephone call with have not also been delivered to Owner Participant) that duplicates or copies thereof have already been furnished to Owner Participant by some other Person.

Absence of Certain Duties. Except in accordance with ------------------------- written instructions furnished pursuant to Sections 5.01 and 5.02 and except as provided in, and without limiting the generality of, Sections 3.01, 5.04 and 5.05 and the last sentence of Section 9.01(b), the Owner Trustee shall have no duty (i) to see to any registration of the Aircraft or any recording or filing of the Lease, this Trust Agreement, the Trust Indenture, any financing or continuation statement or of any supplement to any thereof or to see to the maintenance of any such registration, rerecording or refiling, except that of Owner Trustee to comply with the FAA reporting requirements set forth in 14 C.F.R. ss.47.45 and 14 C.F.R. ss.47.51 or any successor provisions, and that the Owner Trustee shall upon written request furnished by Lessee take such action as may be required of the Owner Trustee to maintain the registration of the Aircraft in the name of the Owner Trustee under the Act or, to the extent the Aircraft is registered in a country other than the United States of America pursuant to Section 4.02 of the Participation Agreement, other Applicable Law, and to the extent that information for that purpose is supplied by Lessee pursuant to any of the Operative Agreements, complete and timely submit any and all reports relating to the Aircraft which may from time to time be required by the FAA or any government or governmental authority having jurisdiction, (ii) to see to any insurance on the Aircraft or to effect or maintain any such insurance, whether or not Lessee shall be in default with respect thereto, (iii) to see to the payment or discharge of any tax, assessment or other governmental charge or any Lien or encumbrance of any kind owing with respect to, assessed or levied against any part of the Trust Estate except as provided by Section 5.04 hereof or Section 5.03(b) of the Participation Agreement, (iv) to confirm or verify any financial statements of Lessee or (v) to inspect the Aircraft or the books and records of Lessee with respect to the Aircraft. Notwithstanding the foregoing, the Owner Trustee will furnish to Indenture Trustee and Owner Participant, promptly upon receipt thereof, duplicates or copies of all reports, notices, requests, demands, certificates, financial statements and other instruments furnished to Owner Trustee under the Lease or any other Operative Agreement except to the extent to which a Responsible Officer of Owner Trustee reasonably believes (and confirms by telephone call with Owner Participant) that duplicates or copies thereof have already been furnished to Owner Participant by some other Person.

Absence of Certain Duties. Except in accordance ------------------------- with ------------------------- written instructions furnished pursuant to Sections 5.01 and 5.02 and except as provided in, and without limiting the generality of, Sections 3.01, 3.04, 5.04 and 5.05 and the last sentence of Section 9.01(b8.01(b), the Owner Trustee shall have no duty (i) to see to any registration of the Aircraft or any recording or filing of the Lease, this Trust Agreement, the Indenture, any financing or continuation statement or of any supplement to any thereof or to see to the maintenance of any such registration, rerecording or refiling, except that of Owner Trustee to comply with the FAA reporting requirements set forth in 14 C.F.R. ss.47.45 (S)47.45 and 14 C.F.R. ss.47.51 (S)47.51 or any successor provisions, and that the Owner Trustee shall upon written request furnished by Lessee or Owner Participant take such action as may be required of the Owner Trustee to maintain the registration of the Aircraft in the name of the Owner Trustee under the Act or, to the extent the Aircraft is registered in a country other than the United States of America pursuant to Section 4.02 of the Participation Agreement, other Applicable Law, and to the extent that information for that purpose is supplied by Lessee pursuant to any of the Operative Agreements, complete and timely submit any and all reports relating to the Aircraft which may from time to time be required by the FAA or any government or governmental authority having jurisdiction, (ii) to see to any insurance on the Aircraft or to effect or maintain any such insurance, whether or not Lessee shall be in default with respect thereto, (iii) to see to the payment or discharge of any tax, assessment or other governmental charge or any Lien or encumbrance of any kind owing with respect to, assessed or levied against any part of the Trust Estate except as provided by Section 5.04 hereof or Section 5.03(b) of the Participation Agreement, (iv) to confirm or verify any financial statements of Lessee or (v) to inspect the Aircraft or the books and records of Lessee with respect to the Aircraft. Notwithstanding the foregoing, the Owner Trustee will furnish to Indenture Trustee and Owner Participant, promptly upon receipt thereof, duplicates or copies of all reports, notices, requests, demands, certificates, financial statements and other instruments furnished to Owner Trustee under the Lease or any other Operative Agreement except to the extent to which a Responsible Officer of Owner Trustee reasonably believes (and confirms by telephone call with Owner Participant) that duplicates or copies thereof have already been furnished to Owner Participant by some other Person.

Absence of Certain Duties. Except in accordance with ------------------------- written instructions furnished pursuant to Sections 5.01 and 5.02 and except as provided in, and without limiting the generality of, Sections 3.01, 5.04 and 5.05 and the last sentence of Section 9.01(b), the Owner Trustee shall have no duty (i) to see to any registration of the Aircraft or any recording or filing of the Lease, this Trust Agreement, the Trust Indenture, any financing or continuation statement or of any supplement to any thereof or to see to the maintenance of any such registration, rerecording or refiling, except that of Owner Trustee to comply with the FAA reporting requirements set forth in 14 C.F.R. ss.47.45 and 14 C.F.R. ss.47.51 or any successor provisions, and that the Owner Trustee shall upon written request furnished by Lessee take such action as may be required of the Owner Trustee to maintain the registration of the Aircraft in the name of the Owner Trustee under the Act or, to the extent the Aircraft is registered in a country other than the United States of America pursuant to Section 4.02 of the Participation Agreement, other Applicable Law, and to the extent that information for that purpose is supplied by Lessee pursuant to any of the Operative Agreements, complete and timely submit any and all reports relating to the Aircraft which may from time to time be required by the FAA or any government or governmental authority having jurisdiction, (ii) to see to any insurance on the Aircraft or to effect or maintain any such insurance, whether or not Lessee shall be in default with respect thereto, (iii) to see to the payment or discharge of any tax, assessment or other governmental charge or any Lien or encumbrance of any kind owing with respect to, assessed or levied against any part of the Trust Estate except as provided by Section 5.04 hereof or Section 5.03(b) of the Participation Agreement, (iv) to confirm or verify any financial statements of Lessee or (v) to inspect the Aircraft or the books and records of Lessee with respect to the Aircraft. Notwithstanding the foregoing, the Owner Trustee will furnish to Indenture Trustee and Owner Participant, promptly upon receipt thereof, duplicates or copies of all reports, notices, requests, demands, certificates, financial statements and other instruments furnished to Owner Trustee under the Lease or any other Operative Agreement except to the extent to which a Responsible Officer of Owner Trustee reasonably believes (and confirms by telephone call with Owner Participant) that duplicates or copies thereof have already been furnished to Owner Participant by some other Person.

Absence of Certain Duties. Except in accordance with ------------------------- written instructions furnished pursuant to Sections 5.01 and 5.02 and except as provided in, and without limiting the generality of, Sections 3.01, 5.04 and 5.05 and the last sentence of Section 9.01(b), the Owner Trustee shall have no duty (i) to see to any registration of the Aircraft or any recording or filing of the Lease, this Trust Agreement, the Indenture, any financing or continuation statement or of any supplement to any thereof or to see to the maintenance of any such registration, rerecording or refiling, except that of Owner Trustee to comply with the FAA reporting requirements set forth in 14 C.F.R. ss.47.45 (S)47.45 and 14 C.F.R. ss.47.51 (S)47.51 or any successor provisions, and that the Owner Trustee shall upon written request furnished by Lessee take such action as may be required of the Owner Trustee to maintain the registration of the Aircraft in the name of the Owner Trustee under the Act or, to the extent the Aircraft is registered in a country other than the United States of America pursuant to Section 4.02 of the Participation Agreement, other Applicable Law, and to the extent that information for that purpose is supplied by Lessee pursuant to any of the Operative Agreements, complete and timely submit any and all reports relating to the Aircraft which may from time to time be required by the FAA or any government or governmental authority having jurisdiction, (ii) to see to any insurance on the Aircraft or to effect or maintain any such insurance, whether or not Lessee shall be in default with respect thereto, (iii) to see to the payment or discharge of any tax, assessment or other governmental charge or any Lien or encumbrance of any kind owing with respect to, assessed or levied against any part of the Trust Estate except as provided by Section 5.04 hereof or Section 5.03(b) of the Participation Agreement, (iv) to confirm or verify any financial statements of Lessee or (v) to inspect the Aircraft or the books and records of Lessee with respect to the Aircraft. Notwithstanding the foregoing, the Owner Trustee will furnish to Indenture Trustee and Owner Participant, promptly upon receipt thereof, duplicates or copies of all reports, notices, requests, demands, certificates, financial statements and other instruments furnished to Owner Trustee under the Lease or any other Operative Agreement except to the extent to which a Responsible Officer of Owner Trustee reasonably believes (and confirms by telephone call with Owner Participant) that duplicates or copies thereof have already been furnished to Owner Participant by some other Person.

Absence of Certain Duties. (a) Except in accordance with ------------------------- written instructions furnished pursuant to Sections Section 5.01 and or 5.02 and except as provided in, and without limiting the generality of, Sections 3.01, 5.04 3.01 and 5.05 5.04(a) and the last sentence of Section 9.01(b), the neither Owner Trustee nor WFB shall have no any duty (i) to see to any registration of the Aircraft or any recording or filing of the Leaseany Operative Document, this Trust Agreement, the Indenture, any financing or continuation statement or of any supplement to any thereof or to see to the maintenance of any such registration, rerecording ~recording or refilingfiling or any other filing of reports with the FAA or other governmental agencies, except that of Owner Trustee WFB to comply with the FAA reporting requirements set forth in 14 C.F.R. ss.47.45 Section 47.45 and 14 C.F.R. ss.47.51 Section 47.51, or any successor provisions, and that the Owner Trustee shall upon written request furnished by Lessee take such action as may be required of the Owner Trustee to maintain the registration of the Aircraft in the name of the Owner Trustee under the Federal Aviation Act or, to the extent the Aircraft is registered in a country other than the United States of America pursuant to Section 4.02 5 of Exhibit A-2 of the Participation AgreementLease, other Applicable Lawapplicable law, and Owner Trustee shall, to the extent that information for that purpose is timely supplied by Lessee pursuant to any of the Operative AgreementsDocuments, complete and timely submit (and furnish Beneficiary with a copy of) any and all reports relating to the Aircraft which that may from time to time be required by the FAA or any government or governmental authority having jurisdiction, (ii) to see to any insurance on the Aircraft or to effect or maintain any such insurance, whether or not Lessee shall be in default with respect thereto, other than to forward to Beneficiary copies of all reports and other written information that Owner Trustee receives from Lessee pursuant to Articles XI and XIII of the Lease unless Beneficiary is to receive the same directly from the Lessee pursuant to the Operative Documents, (iii) except as provided in Section 5.04 or 6.01 hereof, to see to the payment or discharge of any tax, assessment or other governmental charge or any Lien or encumbrance of any kind owing with respect to, to or assessed or levied against any part of the Trust Estate except as provided by Section 5.04 hereof or Section 5.03(b) 7.02 of the Participation Agreement, Lease or (iv) to confirm or verify any financial statements of Lessee or (v) to inspect the Aircraft or the Lessee's books and records of Lessee with respect to the Aircraft. Notwithstanding the foregoing, the Owner Trustee will furnish to Indenture Trustee and Owner Participant, promptly upon receipt thereof, duplicates or copies of all reports, notices, requests, demands, certificates, financial statements and other instruments furnished to Owner Trustee under the Lease or Aircraft at any other Operative Agreement except time permitted pursuant to the extent to which a Responsible Officer of Owner Trustee reasonably believes (and confirms by telephone call with Owner Participant) that duplicates or copies thereof have already been furnished to Owner Participant by some other PersonLease.