Common use of Corrections and Subsequent Corrections Clause in Contracts

Corrections and Subsequent Corrections. In the event that the Aircraft or any Engine fails upon the Return Occasion to conform to any return condition requirement imposed by this Lease and particularly Section 16(f) and (Exhibit E), Lessor may, without prejudice to the right of Lessee to claim that the Aircraft did comply with such return condition requirement, (i) continue the Lease in effect in the manner provided for in Section 16(g) above with regard to automatic extension until such time as the Aircraft is brought up to the condition required by Section 16(f) above or (ii) accept the return of the Aircraft and thereafter have any such nonconformance corrected, at such time as Lessor may deem appropriate but not to occur later than ninety (90) days following the return of the Aircraft, at commercial rates then charged by the Person selected by Lessor to perform such correction. Any direct expense incurred by Lessor for such correction shall become Supplemental Rent payable by Lessee within thirty (30) days following the submission of a written statement by Lessor to Lessee, identifying the items corrected and setting forth the expense of such correction. Lessee's obligations to pay such Supplemental Rent shall survive the passage of the Expiration Date or other termination of this Lease. (j)

Appears in 1 contract

Samples: Aircraft Lease Agreement

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Corrections and Subsequent Corrections. In the event that the Aircraft or any Engine fails upon the Return Occasion return thereof hereunder to conform to any return condition requirement imposed by this Lease and particularly Section 16(f) 16.2 and (Exhibit E)C hereof, Lessor may, and without prejudice to the right of Lessee to claim that the Aircraft did comply with such return condition requirement, Lessee shall, at the sole option of Lessor, either (i) continue the Lease in effect in effect, including the manner provided for in Section 16(g) above with regard obligation to automatic extension pay Basic Rent hereunder, until such time as Lessee brings the Aircraft is brought up to the condition required by Section 16(f) above 16.2 hereof, or (ii) accept the return of the Aircraft to Lessor and thereafter reimburse Lessor for all costs reasonably incurred by Lessor to have any such nonconformance corrected, at such time as Lessor may deem appropriate but not to occur later than ninety (90) days following the return of the Aircraft, at commercial rates then charged by the Person selected by Lessor to perform such correction. Any direct expense incurred by Lessor for such correction shall become Supplemental Rent payable by Lessee within thirty (30) days following the submission of a written statement by Lessor to Lessee, identifying the items Items corrected and setting forth the expense of such correction. Lessee's obligations to pay such Supplemental Rent shall survive the passage of the Expiration Date expiration or other termination of this Lease. (j).

Appears in 1 contract

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

Corrections and Subsequent Corrections. In To the event extent that the Aircraft or any Engine fails upon the a Return Occasion to conform to any return condition requirement imposed by this Lease and particularly Section 16(f) and (Exhibit E), Lessor may, without prejudice to the right of Lessee to claim that the Aircraft did comply with such return condition requirementat its option, (i) continue the Lease in effect in the manner provided for in Section 16(g16(f) above with regard to automatic extension until such time as the such Aircraft is brought up to the condition required by this Section 16(f) above 16, including Exhibit E, or (ii) accept the return of the such Aircraft and thereafter have any such nonconformance corrected, at such time as Lessor may deem appropriate but not to occur commence later than ninety (90) days following the return of the such Aircraft, at commercial rates then charged by the Person selected by Lessor to perform such correction. Any direct expense The Letter of Credit shall not be released and any costs and expenses (including, materials and labor) incurred by Lessor for such correction shall be indemnified by Lessee in favor of Lessor (and prior to the end of the Term, Lessee shall make adequate provision to Lessor's satisfaction in respect of such indemnity) and shall become Supplemental Rent payable by Lessee within thirty ten (3010) days following the submission of a written statement by Lessor to Lessee, 97 identifying the items corrected and setting forth the expense of such correction. Lessee's obligations to pay such Supplemental Rent shall survive the passage of the Expiration Date or other termination of this Lease. (j).

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

Corrections and Subsequent Corrections. In To the event extent that the Aircraft or any Engine fails upon the a Return Occasion to conform to any return condition requirement imposed by this Lease and particularly Section 16(f) and (Exhibit E), Lessor may, without prejudice to the right of Lessee to claim that the Aircraft did comply with such return condition requirementat its option, (i) continue the Lease in effect in the manner provided for in Section 16(g16(f) above with regard to automatic extension until such time as the such Aircraft is brought up to the condition required by this Section 16(f) above 16, including Exhibit E, or (ii) accept the return of the such Aircraft and thereafter have any such nonconformance corrected, at such time as Lessor may deem appropriate but not to occur commence later than ninety (90) days following the return of the such Aircraft, at commercial rates then charged by the Person selected by Lessor to perform such correction. Any direct expense The Letter of Credit shall not be released and any costs and expenses (including, materials and labor) incurred by Lessor for such correction shall be indemnified by Lessee in favor of Lessor (and prior to the end of the Term, Lessee shall make adequate provision to Lessor's satisfaction in respect of such indemnity) and shall become Supplemental Rent payable by Lessee within thirty ten (3010) days following the submission of a written statement by Lessor to Lessee, identifying the items corrected and setting forth the expense of such correction. Lessee's obligations to pay such Supplemental Rent shall survive the passage of the Expiration Date or other termination of this Lease. (j).

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

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Corrections and Subsequent Corrections. In To the event extent that the Aircraft or any Engine fails upon the a Return Occasion to conform to any return condition requirement imposed by this Lease and particularly Section 16(f) and (Exhibit E), Lessor may, without prejudice to the right of Lessee to claim that the Aircraft did comply with such return condition requirementat its option, (i) continue the Lease in effect in the manner provided for in Section 16(g16(f) above with regard to automatic extension until such time as the such Aircraft is brought up to the condition required by this Section 16(f) above 16, including Exhibit E, or (ii) accept the return of the such Aircraft and thereafter have any such nonconformance corrected, at such time as Lessor may deem appropriate but not to occur commence later than ninety (90) days following the return of the such Aircraft, at commercial rates then charged by the Person selected by Lessor to perform such correction. Any direct expense The Letter of Credit shall not be released and any costs and expenses (including, materials and labor) incurred by Lessor for such correction shall be indemnified by Lessee in favor of Lessor (and prior to the end of the Term, Lessee shall make adequate provision to Lessor's satisfaction in respect of such indemnity) and shall become Supplemental Rent payable by Lessee within thirty ten (3010) days following the submission of a written statement by Lessor to Lessee, identifying the items corrected and setting forth the expense of such correction. Lessee's obligations to pay -93- 95 such Supplemental Rent shall survive the passage of the Expiration Date or other termination of this Lease. (j).

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

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