EARLY REMOVAL OF AIRCRAFT FROM JETBLUE FLEET Clause Samples

EARLY REMOVAL OF AIRCRAFT FROM JETBLUE FLEET. 11.3.1 If any of the Approved Aircraft identified in Annex "A" is removed from the Fleet prior to the Initial Term of this agreement, JetBlue shall either; (i) Pay to LiveTV a Termination Charge equal to the amounts set forth in Article 11.2.5, for each affected Aircraft for the remaining Term of such affected aircraft under this Agreement; (ii) Promptly transfer a System from Aircraft listed on Annex "A" to other Aircraft of the same type and configuration that are owned or leased by JetBlue, with all related expenses and installation charges to be paid by JetBlue; or (iii) Promptly transfer the System to any new owner, lessee or lesser, provided that LiveTV concludes an Agreement with such new owner, lessee or lessor for said System, on terms acceptable to LiveTV in its sole discretion, in which instance, JetBlue shall be relieved of further liability to LiveTV for the System. Agreement between JetBlue and LiveTV 32 December 17, 2001 -------------------------- [****] Represents material which has been redacted and filed separately with the Commission pursuant to a request for confidential treatment pursuant to Rule 406 under the Securities Act of 1933, as amended. 11.3.2 If any of the Additional Aircraft, above the original thirty-two (32) Approved Aircraft in the Fleet, is removed from the Fleet during the Term of this agreement, JetBlue shall either: Agreement between JetBlue and LiveTV 33 December 17, 2001 (i) Promptly transfer the System from such Additional Aircraft to other Aircraft of the same type and configuration that are owned or leased by JetBlue, with all related expenses and charges of removal and installation to be paid by JetBlue; (ii) On not more than four (4) Additional Aircraft, transfer the System from such Additional Aircraft to other Aircraft of the same type and configuration that are owned or leased by JetBlue within nine (9) months of such removal, with all related expenses and charges of removal and installation to be paid by JetBlue, provided however, that JetBlue shall continue to pay to LiveTV the minimum Service Charge on such Additional Aircraft in effect during the period such System remains uninstalled; or (iii) Promptly transfer the System to any new owner, lessee or lessor, provided that LiveTV concludes an Agreement with such new owner, lessee or lessor for said System, on terms acceptable to LiveTV in its sole discretion, in which instance, JetBlue shall be relieved of further liability to LiveTV for the System.