Delivery Subject to Seller Delivery. Delivery of the Aircraft is subject to and expressly conditioned upon delivery of the Aircraft by Seller to Lessor. Lessor shall not be liable or responsible to Lessee for and Lessee hereby expressly waives any right to any Claims against any Indemnitee arising or the exercise of any remedies from or in connection with any delay by Seller in the delivery of, or failure to deliver, the Aircraft to Lessee under this Lease, and Lessee shall not be released from its Obligation to take delivery of the Aircraft under this Lease as a result of any such delay except in accordance with Section 8.3; provided that the foregoing release and waiver by Lessee shall not apply with respect to any Claims solely and directly attributable to Lessor’s or CIT Leasing’s willful misconduct.
Delivery Subject to Seller Delivery. Delivery of the Aircraft is subject to and expressly conditioned upon delivery of the Aircraft by Seller to Lessor. Lessor shall not be liable or responsible to Lessee for and Lessee hereby expressly waives any right to any Claims arising or the exercise of any remedies from or in connection with any delay by Seller in the delivery of, or failure to deliver, the Aircraft to Lessee under this Lease, and Lessee shall not be released from its Obligation to take delivery of the Aircraft under this Lease as a result of any such delay except, in each case, in accordance with Section 8.3; provided that the foregoing release and waiver by Lessee shall not apply with respect to any Claims solely and directly attributable to (i) Lessor’s wilful misconduct or gross negligence, (ii) in the event Delivery is cancelled due to Lessor’s failure to comply with the terms of the Purchase Agreement, or (iii) in the event Delivery does not occur due to Lessor’s failure to comply with the terms of this Lease; provided however that in each case above, Lessee’s liability for such Claims shall be governed by Section 10.3 (e).
