Common use of Engines Clause in Contracts

Engines. In the event any engine not owned by Lessor shall be installed on the Aircraft on any Return Occasion, without limiting Lessee's obligations under the -92- 94 Tax Indemnification Agreement, such engine shall be of the same model and equivalent modification status as the Engines or, at Lessee's option, an IAE engine of an improved model suitable for installation and use on the Airframe without diminishing the value, remaining useful life or utility of such Airframe, in each such case having a value, remaining useful life and utility at least equal to (as determined in accordance with the Appraisal Procedure), and be in an operating condition as good as the Engines, assuming the Engines were in the condition and repair as required by the terms hereof immediately prior to such termination and shall conform to the return condition requirements set forth in this Section 16 and Exhibit E, and Lessee, at its own expense and concurrently with such delivery, shall cause such engine to become an Engine by complying with Section 11(b) hereof. Lessee's obligation to comply with the terms of this Section 16(c) shall be conditioned on Lessor's transferring to Lessee all of Lessor's right, title and interest in and to any Engine not installed on the Aircraft at the Return Occasion "AS IS, WHERE IS," without any representation, warranty or recourse of any kind whatsoever, express or implied, except a warranty that such Engine is free and clear of Lessor's Liens.

Appears in 3 contracts

Samples: Aircraft Lease Agreement (America West Airlines Inc), Aircraft Lease Agreement (America West Airlines Inc), Aircraft Lease Agreement (America West Airlines Inc)

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Engines. In the event any engine not owned by Lessor shall be installed on the Aircraft on any Return Occasion, without limiting Lessee's obligations under the -92- 94 Tax Indemnification Agreement, such engine shall be of the same model and equivalent modification status as the Engines or, at Lessee's option, an IAE engine of an improved model suitable for installation and use on the Airframe without diminishing the value, remaining useful life or utility of such Airframe, in each such case having a value, remaining useful life and utility at least equal to (as determined in accordance with the Appraisal Procedure), and be in an operating condition as good as the Engines, assuming the Engines were in the condition and repair as required by the terms hereof immediately prior to such termination and shall conform to the return condition requirements set forth in this Section 16 and Exhibit E, and Lessee, at its own expense and concurrently with such delivery, shall cause such engine to become an Engine by complying with Section 11(b) hereof. Lessee's obligation to comply with the terms of this Section 16(c) shall be conditioned on Lessor's transferring to Lessee all of Lessor's right, title and interest in and to any Engine not installed on the Aircraft at the Return Occasion "AS IS, WHERE IS," without any representation, warranty or recourse of any kind whatsoever, express or implied, except a warranty that such Engine is free and clear of Lessor's Liens and Head Lessor's Liens.

Appears in 2 contracts

Samples: Aircraft Lease Agreement (America West Airlines Inc), Aircraft Lease Agreement (America West Airlines Inc)

Engines. In the event any engine not owned by Lessor shall be installed on the Aircraft on any Return Occasion, without limiting Lessee's obligations under the -92- 94 Tax Indemnification Agreement, such engine shall be of the same model and equivalent modification status as the Engines or, at Lessee's option, an IAE engine of an improved model suitable for installation and use on the Airframe without diminishing the value, remaining useful life or utility of such Airframe, in each such case having a value, remaining useful life and utility at least equal to (as determined in accordance with the Appraisal Procedure), and be in an operating condition as good as the Engines, assuming the Engines were in the condition and repair as required by the terms hereof immediately prior to such termination and shall conform to the return condition requirements set forth in this Section 16 and Exhibit E, and Lessee, at its own expense and concurrently with such delivery, shall cause such engine to become an Engine by complying with Section 11(b) hereof. Lessee's obligation to comply with the terms of this Section 16(c) shall be conditioned on Lessor's transferring to Lessee all of Lessor's right, title and interest in and to any Engine not installed on the Aircraft at the Return Occasion "AS IS, WHERE IS," without any representation, warranty or recourse of any kind whatsoever, express or implied, except a warranty that such Engine is free and clear of Lessor's Liens.

Appears in 2 contracts

Samples: Aircraft Lease Agreement (America West Airlines Inc), Aircraft Lease Agreement (America West Airlines Inc)

Engines. In the event any engine not owned by Lessor shall be installed on the Aircraft on any Return Occasion, without limiting Lessee's obligations under the -92- 94 Tax Indemnification Agreement, such engine shall be of the same model and equivalent modification status as the Engines or, at Lessee's option, an IAE engine of an improved model suitable for installation and use on the Airframe without diminishing the value, remaining useful life or utility of such Airframe, in each such case having a value, remaining useful life and utility at least equal to (as determined in accordance with the Appraisal Procedure), and be in an operating condition as good as the Engines, assuming the Engines were in the condition and repair as required by the terms hereof immediately prior to such termination and shall conform to the return condition requirements set forth in this Section 16 and Exhibit E, and Lessee, at its own expense and concurrently with such delivery, shall cause such engine to become an Engine by complying with Section 11(b) hereof. Lessee's obligation to comply with the terms of this Section 16(c) shall be conditioned on Lessor's transferring to Lessee all of Lessor's right, title and interest in and to any Engine not installed on the Aircraft at the Return Occasion "AS IS, WHERE IS," without any representation, warranty or recourse of any kind whatsoever, express or implied, except a warranty that such Engine is free and clear of Lessor's Liens.terms

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

Engines. In the event any engine not owned by Lessor shall be installed on the Aircraft on any Return Occasion, without limiting Lessee's obligations under the -92- 94 Tax Indemnification Agreement, such engine shall be of the same model and equivalent modification status as the Engines or, at Lessee's option, an IAE engine of an improved model suitable for installation and use on the Airframe without diminishing the value, remaining useful life or utility of such Airframe, in each such case having a value, remaining useful life and utility at least equal to (as determined in accordance with the Appraisal Procedure), and be in an operating condition as good as the Engines, assuming the Engines were in the condition and repair as required by the terms hereof immediately prior to such termination and shall conform to the return condition requirements set forth in this Section 16 and Exhibit E, and Lessee, at its own expense and concurrently with such delivery, shall cause such engine to become an Engine by complying with Section 11(b) hereof. Lessee's obligation to comply with the terms of this Section 16(c) shall be conditioned on Lessor's transferring to Lessee all of Lessor's right, title and interest in and to any Engine not installed on the Aircraft at the Return Occasion "AS IS, WHERE IS," without any representation, warranty or recourse of any kind whatsoever, express or implied, except a warranty that such Engine is free and clear of Lessor's Liens.any

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

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Engines. In the event any engine not owned by Lessor shall be installed on the Aircraft on any Return Occasion, without limiting Lessee's obligations under the -92- 94 Tax Indemnification Agreement, such engine shall be of the same model and equivalent modification status as the Engines or, at Lessee's option, an IAE engine of an improved model suitable for installation and use on the Airframe without diminishing the value, remaining useful life or utility of such Airframe, in each such case having a value, remaining useful life and utility at least equal to (as determined in accordance with the Appraisal Procedure), and be in an operating condition as good as the Engines, assuming the Engines were in the condition and repair as required by the terms hereof immediately prior to such termination and shall conform to the return condition requirements set forth in this Section 16 and Exhibit E, and Lessee, at its own expense and concurrently with such delivery, shall cause such engine to become an Engine by complying with Section 11(b) hereof. Lessee's obligation to comply with the terms of this Section 16(c) shall be conditioned on Lessor's transferring to Lessee all of Lessor's right, title and interest in and to any Engine not installed on the Aircraft at the Return Occasion "AS IS, WHERE IS," without any representation, warranty or recourse of any kind whatsoever, express or implied, except a warranty that such Engine is free and clear of Lessor's Liens, Liens arising out of the Foreign Lease Agreement and Head Lessor's Liens.

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

Engines. In the event any engine not owned by Lessor shall be installed on the Aircraft on any Return Occasion, without limiting Lessee's obligations under the -92- 94 Tax Indemnification Agreement, such engine shall be of the same model and equivalent modification status as the Engines or, at Lessee's option, an IAE engine of an improved model suitable for installation and use on the Airframe without diminishing the value, remaining useful life or utility of such Airframe, in each such case having a value, remaining useful life and utility at least equal to (as determined in accordance with the Appraisal Procedure), and be in an operating condition as good as the Engines, assuming the Engines were in the condition and repair as required by the terms hereof immediately prior to such termination and shall conform to the return condition requirements set forth in this Section 16 and Exhibit E, and Lessee, at its own expense and concurrently with such delivery, shall cause such engine to become an Engine by complying with Section 11(b) hereof. Lessee's obligation to comply with the terms of this Section 16(c) shall be conditioned on Lessor's transferring to Lessee all of Lessor's right, title and 94 interest in and to any Engine not installed on the Aircraft at the Return Occasion "AS IS, WHERE IS," without any representation, warranty or recourse of any kind whatsoever, express or implied, except a warranty that such Engine is free and clear of Lessor's Liens.

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

Engines. In the event any engine not owned by Lessor shall be installed on the Aircraft on any Return Occasion, without limiting Lessee's obligations under the -92- 94 Tax Indemnification Agreement, such engine shall be of the same model and equivalent modification status as the Engines or, at Lessee's option, an IAE engine of an improved model suitable for installation and use on the Airframe without diminishing the value, remaining useful life or utility of such Airframe, in each such case having a value, remaining useful life and utility at least equal to (as determined in accordance with the Appraisal Procedure), and be in an operating condition as good as the Engines, assuming the Engines were in the condition and repair as required by the terms hereof immediately prior to such termination and shall conform to the return condition requirements set forth in this Section 16 and Exhibit E, and Lessee, at its own expense and concurrently with such delivery, shall cause such engine to become an Engine by complying with Section 11(b) hereof. Lessee's obligation to comply with the terms of this Section 16(c) shall be conditioned on Lessor's transferring to Lessee all of Lessor's right, title and interest in and to any Engine not installed on the Aircraft at the Return Occasion "AS IS, WHERE IS," without any - 91 - 93 representation, warranty or recourse of any kind whatsoever, express or implied, except a warranty that such Engine is free and clear of Lessor's Liens, Liens arising out of the Foreign Lease Agreement and Head Lessor's Liens.

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

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