Common use of Engine Total Loss Clause in Contracts

Engine Total Loss. Subject to any applicable requirements of the Delta Engine Program, upon a Total Loss of an Engine not then installed on the Aircraft or a Total Loss of an Engine installed on the Aircraft not involving a Total Loss of the Aircraft, Lessee shall give Lessor prompt notice thereof, and Lessee shall replace such Engine as soon as reasonably possible by duly conveying to Lessor and causing to become subject to this Agreement as a replacement for such Engine, title to another engine, which engine shall be free and clear of all Liens other than Permitted Liens, and shall be the same model as the Engines (or an improved model of the same manufacturer suitable for installation and use on the Airframe) and shall have a value and utility at least equal to, and be in at least as good operating condition as the Engine which sustained such Total Loss, assuming such Engine was in the condition and repair required by the terms hereof immediately prior to such Total Loss; provided that Lessor shall transfer to Lessee, free and clear of all rights of Lessor and all Lessor’s Liens (but otherwise without recourse or warranty), all of Lessor’s right, title and interest in such replaced Engine. Such replacement engine after approval and acceptance by Lessor, shall be deemed an “Engine” as defined in Section 1. Lessee agrees to take such action as Lessor may reasonably request in order that title to any such replacement Engine shall be duly and properly vested in Lessor and leased under this lease to the same extent as the Engine replaced thereby. Lessee’s obligation to pay Rent hereunder shall continue in full force and effect, but Lessee shall be entitled to retain or to be reimbursed by Lessor the amount of insurance or condemnation proceeds, if any, received by Lessor with respect to such replaced Engine.

Appears in 3 contracts

Sources: Lease Assumption and Option Agreement (Air Transport Services Group, Inc.), Air Transportation Services Agreement (Air Transport Services Group, Inc.), Lease Assumption and Option Agreement (Air Transport Services Group, Inc.)

Engine Total Loss. Subject to any applicable requirements of the Delta Engine Program, upon Upon a Total Loss of an any Engine not then installed on the Aircraft Airframe, or a Total Loss of an Engine installed on the Aircraft Airframe not involving a Total Loss of the AircraftAirframe (in either case, a “Destroyed Engine”), Lessee shall promptly, after becoming aware of the same (in any event within three (3) business days of the occurrence thereof), give written notice thereof to Lessor prompt notice thereof, and Lessee shall replace such the Destroyed Engine as soon as reasonably possible and in any event within the earlier of thirty (30) days after the Total Loss and the date of receipt of insurance proceeds in respect of such Total Loss by duly conveying procuring that Lessor acquires (at no expense to Lessor and causing Lessor) title to become another engine (of the same model as the Destroyed Engine or an improved or advanced version) that shall be subject to this Agreement as a replacement for such Engineand any Security Documents, title to another engine, which engine shall be free and clear of all Liens other than Permitted Liens, and shall be the same model as the Engines (or an improved model of the same manufacturer suitable for installation and use on the Airframe) Liens and shall have a value and utility at least equal to, and be in at least as good operating condition as to the Destroyed Engine which sustained (assuming that such Total Loss, assuming such Destroyed Engine was in the condition and repair required to be maintained by the terms hereof immediately prior of this Agreement) and, subject to such Total Loss; provided that agreement otherwise by Lessor (which agreement shall not be unreasonably withheld), shall have accumulated no more Flight Hours or Cycles since its last shop visit or since new than were accumulated by the Destroyed Engine. Lessor shall transfer be entitled to Lesseeinspect such replacement engine, free and clear of all rights which shall include, at the option of Lessor and all Lessorat Lessee’s Liens expense, (but otherwise without recourse or warranty), all A) a full video borescope inspection of Lessor’s right, title and interest in such replaced Engine. Such the replacement engine after approval and (B) a records inspection, and the results of each such inspection must be satisfactory to Lessor. Upon acceptance by Lessor, such replacement engine shall be deemed an “Engine,” as defined in Section 1herein for all purposes hereunder. Lessee agrees to take such action and execute and deliver such documents, including, but not limited to a warranty b▇▇▇ of sale, a supplement hereto and legal opinions, as Lessor may reasonably request in order that title to any such replacement Engine shall be duly and properly vested titled in the name of Lessor and leased under this lease hereunder to the same extent as the any Engine replaced thereby. Lessee’s obligation to pay Rent hereunder shall continue in full force and effect, but Lessee shall be entitled to retain or to be reimbursed by Lessor the amount of insurance or condemnation proceeds, if any, received by Lessor with respect to such replaced Engine.

Appears in 2 contracts

Sources: Aircraft Lease Agreement (Gulfstream International Group Inc), Aircraft Lease Agreement (Gulfstream International Group Inc)

Engine Total Loss. Subject to any applicable requirements of the Delta Engine Program, upon Upon a Total Loss of an Engine not then installed on the Aircraft or a Total Loss of an Engine installed on the Aircraft not involving a Total Loss of the Aircraft, Lessee shall give Lessor prompt notice thereof, and Lessee shall replace such Engine as soon as reasonably possible by duly conveying to Lessor and causing to become subject to this Agreement as a replacement for such Engine, title to another engine, which engine shall be free and clear of all Liens other than Permitted Liens, and shall be the same model as the Engines (or an improved model of the same manufacturer suitable for installation and use on the Airframe) and shall have a value and utility at least equal to, and be in at least as good operating condition as the Engine which sustained such Total Loss, assuming such Engine was in the condition and repair required by the terms hereof immediately prior to such Total Loss; provided that Lessor shall transfer to Lessee, free and clear of all rights of Lessor and all Lessor’s 's Liens (but otherwise without recourse or warranty), all of Lessor’s 's right, title and interest in such replaced Engine. Such replacement engine (a "Replacement Engine") after approval and acceptance by Lessor, shall be deemed an "Engine" as defined in Section 1. Lessee agrees to take such action as Lessor may reasonably request in order that title to any such replacement Replacement Engine shall be duly and properly vested in Lessor and leased under this lease Agreement to the same extent as the Engine replaced thereby. Lessee’s 's obligation to pay Rent rent hereunder shall continue in full force and effect, but Lessee shall be entitled to retain or to be reimbursed by Lessor the amount of insurance or condemnation proceeds, if any, received by Lessor with respect to such replaced Engine.

Appears in 2 contracts

Sources: Aircraft Lease Agreement (Republic Airways Holdings Inc), Aircraft Lease Agreement (Republic Airways Holdings Inc)

Engine Total Loss. Subject to any applicable requirements of the Delta Engine Program, upon Upon a Total Loss of an Engine not then installed on the Aircraft or a Total Loss of an Engine installed on the Aircraft not involving a Total Loss of the Aircraft, Lessee shall give Lessor prompt notice thereof, and Lessee shall replace such Engine as soon as reasonably possible by duly conveying to Lessor and causing to become subject to this Agreement as a replacement for such Engine, title to another engine, which engine shall be free and clear of all Liens other than Permitted Liens, and shall be the same model as the Engines (or an improved model of the same manufacturer suitable for installation and use on the Airframe) and shall have a value and utility at least equal to, and be in at least as good operating condition as the Engine which sustained such Total Loss, assuming such Engine was in the condition and repair required by the terms hereof immediately prior to such Total Loss; provided that Lessor shall transfer to Lessee, free and clear of all rights of Lessor and all Lessor’s Liens (but otherwise without recourse or warranty), all of Lessor’s right, title and interest in such replaced Engine. Such replacement engine after approval and acceptance by Lessor, shall be deemed an “Engine” as defined in Section 1. Lessee agrees to take such action as Lessor may reasonably request in order that title to any such replacement Engine shall be duly and properly vested in Lessor and leased under this lease to the same extent as the Engine replaced thereby. Lessee’s obligation to pay Rent hereunder shall continue in full force and effect, but Lessee shall be entitled to retain or to be reimbursed by Lessor the amount of insurance or condemnation proceeds, if any, received by Lessor with respect to such replaced Engine.

Appears in 2 contracts

Sources: Air Transportation Services Agreement (Air Transport Services Group, Inc.), Air Transportation Services Agreement (Air Transport Services Group, Inc.)

Engine Total Loss. Subject to any applicable requirements of the Delta Engine Program, upon Upon a Total Loss of an Engine not then installed on the Aircraft or a Total Loss of an Engine installed on the Aircraft not involving a Total Loss of the Aircraft, Lessee shall will give Lessor prompt notice thereof, and Lessee shall will replace such Engine as soon as reasonably possible by duly conveying to Lessor and causing to become subject to this Agreement as a replacement for such Engine, title to another engine, which engine shall will be free and clear of all Liens other than Permitted Liens, and shall will be the same model as the Engines (or an improved model of the same manufacturer suitable for installation and use on the Airframe) and shall will have a value and utility at least equal to, and be in at least as good operating condition as the Engine which sustained such Total Loss, assuming such Engine was in the condition and repair required by the terms hereof immediately prior to such Total Loss; provided that and Lessor shall will transfer to Lessee, free and clear of all rights of Lessor and all Lessor’s Liens (but otherwise without recourse or warranty), all of Lessor’s right, title and interest in such replaced Engine. Such replacement engine after approval and acceptance by Lessor, shall will be deemed an “Engine.as defined in Section 1. Lessee agrees to take such action as Lessor may reasonably request in order that title to any such replacement Engine shall will be duly and properly vested in Lessor and leased under this lease Agreement to the same extent as the Engine replaced thereby. Lessee’s obligation to pay Rent hereunder shall will continue in full force and effect, but Lessee shall will be entitled to retain or to be reimbursed by Lessor the amount of insurance or condemnation proceeds, if any, received by Lessor with respect to such replaced Engine.

Appears in 1 contract

Sources: Air Transportation Services Agreement (Air Transport Services Group, Inc.)