Common use of Final Inspection Clause in Contracts

Final Inspection. Upon the Return Occasion, Lessee shall make the Aircraft available to Lessor at Lessee's principal maintenance base or at the location at which the "C" check referred to below is being performed for detailed inspection, at Lessee's expense (provided, that Lessee shall not bear any costs or expenses associated with Lessor's representatives), in order to verify that the condition of the Aircraft complies with the requirements set forth above (such inspection being hereinafter referred to as the "Final Inspection"). The Final Inspection shall be conducted concurrently with the "C" Check to be performed immediately prior to the Return Occasion. Lessee shall give Lessor not less than ten (10) days prior written notice of the commencement date of such "C" Check. The period allowed for the Final Inspection shall have such duration as to permit Lessor to verify Lessee's satisfaction of the requirements of Exhibit E and shall continue on consecutive days until all activity required above to be conducted during the Final Inspection has been concluded; provided, however, that Lessor shall use its best efforts to complete the Final Inspection contemporaneously with the completion of such "C" Check. To the extent that any portion of the Final Inspection extends beyond the Expiration Date, the Term shall be deemed to have been automatically extended, and the obligation to pay Rent hereunder continued on a daily basis until the Final Inspection shall have been concluded, provided that such Rent shall be payable only if (i) Lessor provided on a timely basis sufficient personnel to complete the Final Inspection in a timely manner and (ii) the cause of such extension is not directly attributable to Lessor or its personnel. All storage expenses attributable to any extension of the Term pursuant to the preceding sentence shall be payable by Lessee.

Appears in 3 contracts

Sources: Aircraft Lease Agreement, Aircraft Lease Agreement (Copa Holdings, S.A.), Aircraft Lease Agreement (Copa Holdings, S.A.)

Final Inspection. Upon the any Return Occasion, Lessee shall make the Aircraft Engine available to Lessor at Lessee's principal maintenance base or at the location at which where the "C" designated check referred or checks required hereunder to below be performed immediately prior to redelivery is being to be performed for detailed inspectioninspection of the documents referred to in paragraph (d) above and the Engine and Parts structure and parts, at Lessee's expense (provided, that Lessee shall not bear any costs or expenses associated with excluding compensation to representatives of Lessor's representatives), in order to verify that the condition of the Aircraft such Engine complies with the requirements set forth above (such inspection being hereinafter referred to as the "Final Inspection"). The Final Inspection shall be conducted concurrently combined with the "C" Check to be performed immediately prior to the Return Occasionsuch check or checks and may include such other items as reasonably requested by Lessor. Lessee shall give Lessor not less than ten thirty (1030) days prior written notice of the commencement date of such "C" CheckFinal Inspection. The period allowed for the Final Inspection shall be the same period during which such checks are being performed and shall have such duration as to permit the opening of any areas of the Engine which are customarily necessary or advisable to satisfy Lessor as to verify Lessee's satisfaction of compliance with the requirements of this Section 16 and Exhibit E E. The Final Inspection shall commence on the date so noticed which shall be on or before the expiration of the Term with respect to the Engine and shall continue on consecutive days until all activity required above to be conducted during the Final Inspection has been concluded; provided, however, that Lessor shall use its best efforts to complete the Final Inspection contemporaneously with the completion of such "C" Check. To the extent that any portion of the Final Inspection extends beyond the Expiration Dateexpiration of the Term, unless Lessor has terminated the Lease pursuant to Section 18(g) hereof, the Term with respect to the Engine undergoing the Final Inspection shall be deemed to have been automatically extended, and the obligation to pay Rent all obligations hereunder continued continued, on a daily basis until the Final Inspection shall have been concludedconcluded and Lessee shall pay Rent during any such extension in an amount equal to the average daily Basic Rent or Renewal Rent, provided as the case may be, paid in respect of the last year of the Basic Term or Renewal Term, as the case may be (and Stipulated Loss Value during such extension shall equal the Stipulated Loss Value on the last day of the Basic Term or Renewal Term, as the case may be); provided, however, that such Lessee shall not be required to pay Rent shall be payable only if (i) with respect to the Engine during the period of extension to the extent that Lessor provided on a timely basis sufficient personnel to complete is responsible for the delay in completion of the Final Inspection in a timely manner and (ii) the cause of such extension is not directly attributable to Lessor or its personnelInspection. All storage expenses attributable to any Term extension of the Term pursuant to the preceding sentence shall be payable by Lessee., except

Appears in 3 contracts

Sources: Engine Lease Agreement (America West Airlines Inc), Engine Lease Agreement (America West Airlines Inc), Engine Lease Agreement (America West Airlines Inc)

Final Inspection. Upon the Return Occasion, Lessee shall make the Aircraft available to Lessor at Lessee's principal maintenance base or at the location at which the "C" for a functional check referred to below is being performed for flight and detailed inspection, at Lessee's expense (provided, that Lessee shall not bear any costs or expenses associated with Lessor's representatives)expense, in order to verify that the condition of the Aircraft complies with the requirements set forth above herein (such inspection being hereinafter referred to as the "Final Inspection"). The Final Inspection shall be conducted concurrently with the "C" Check to be performed immediately prior to the Return Occasion. Lessee shall give Lessor not less than ten (10) days prior written notice of the commencement date of such the "C" CheckCheck required by Exhibit ▇. ▇▇▇▇▇▇ shall have the right to appoint a representative who may observe (i) the Final Inspection, (ii) any inspections conducted in accordance with Exhibit C, and/or (iii) the maintenance conducted in connection with or as a consequence of any such inspections. The period allowed for functional test flight shall be conducted, at Lessee's expense, using a qualified pilot and not more than three (3) technical representatives selected by Lessor (one of whom may sit in the jump seat in the cockpit), in conjunction with Lessee's flight crew, shall be up to two (2) hours duration, shall conform with Lessee's standard operation check flight procedures, shall be covered by Lessee's insurance policy required pursuant to Section 11, and shall otherwise be of such scope as is necessary to demonstrate the airworthiness of the Aircraft and proper functioning of all systems and components. The Final Inspection shall have such duration as to permit Lessor to verify Lessee's satisfaction of commence on or before the requirements of Exhibit E Expiration Date and shall continue on consecutive days until all activity required above to be conducted during the Final Inspection has been concluded; provided, however, that Lessor shall use its best efforts to complete the Final Inspection contemporaneously with the completion of such "C" Check. To the extent that any portion of the Final Inspection extends beyond the Expiration Date, the Term shall be deemed to have been automatically extended, and the obligation to pay Rent hereunder continued on a daily basis until the Final Inspection shall have been concluded, provided that such Rent shall be payable only if (i) Lessor provided on a timely basis sufficient personnel to complete the Final Inspection in a timely manner and (ii) the cause of such extension is not directly attributable to Lessor or its personnel. All storage expenses attributable to any extension of the Term pursuant to the preceding sentence shall be payable by Lessee.

Appears in 2 contracts

Sources: Aircraft Lease Agreement (Frontier Airlines Inc /Co/), Aircraft Lease Agreement (Frontier Airlines Inc /Co/)

Final Inspection. Upon or next preceding a Return Occasion with respect to the Return OccasionAircraft hereunder, Lessee LESSEE shall make the such Aircraft available to Lessor at Lessee's principal maintenance base or at LESSOR not less than ten (10) days prior to the location at which date of the "C" check referred to below is being performed Return Occasion for detailed inspection, at Lessee's expense (provided, that Lessee shall not bear any costs or expenses associated with Lessor's representatives), inspection in order to verify that the condition of the such Aircraft complies with the requirements set forth above (such inspection being hereinafter referred to as the "Final Inspection"). The Such Final Inspection shall may be conducted concurrently with scheduled at an appropriate maintenance facility of the "C" Check Authorized Maintenance Performer then performing maintenance of such Aircraft, pursuant to be performed immediately prior to the Return Occasion. Lessee Subsection 7(D) hereof, and LESSEE shall give Lessor LESSOR not less than ten (10) days days' prior written notice of the location and commencement date of such "C" CheckFinal Inspection. The period allowed for the Final Inspection shall shall, if necessary, be extended so as to have such duration as to permit Lessor the performance of all of the following, each of which must occur during such period: (1) a B check performed in accordance with LESSEE's Maintenance Program; (2) the opening, in order to verify Lesseeany aspect of the condition of any area of the Aircraft which would normally be accessible during the maintenance check being performed, or at LESSOR's satisfaction request, the opening of any areas of the Aircraft if LESSOR reasonably believes, based on prior inspections or other evidence, that opening of such areas would reveal that the Aircraft does not completely comply with the requirements of this Section 17 and Exhibit E "H"; and (3) No less than three (3) of LESSOR's representatives shall be permitted to attend each phase of activity required to be conducted during the Final Inspection. A Final Inspection shall commence on or before the date of a Return Occasion with respect to the Aircraft and shall continue on consecutive days until all activity required pursuant to the terms of Exhibit "H" and the above to be conducted during the Final Inspection has provisions have been concluded; provided, however, that Lessor shall use its best efforts to complete the Final Inspection contemporaneously with the completion of such "C" Check. To the extent that any portion of the Final Inspection extends beyond the Expiration Datedate of a Return Occasion, the Base Term with respect to the Aircraft undergoing the Final Inspection shall be deemed to be automatically extended (but LESSEE shall have been automatically extendedno right to operate the Aircraft during such time except in connection with any required re-delivery test flights), and the obligation LESSEE shall be obligated to continue to insure the Aircraft, in accordance with the provisions of this Lease, and to pay Rent hereunder continued on a daily basis basis, calculated at a daily rate equal to 1/15 of the Basic Rent, until the Final Inspection shall have been concludedconcluded (provided, provided however, that such LESSEE's shall have no obligation to pay Basic Rent shall be payable only beyond the originally scheduled Expiration Date if (i) Lessor provided on a timely basis sufficient personnel to complete the Final Inspection in a timely manner and (ii) the cause of such extension is not directly attributable completed on or before the Expiration Date due to Lessor LESSOR's failure to timely appear for such inspection unless such failure is caused by LESSEE denying access to the Aircraft and/or Aircraft documents at a time when same were to be made available to LESSOR or its personnelif LESSEE unreasonably interferes with such Final Inspection by LESSOR). All storage expenses attributable to any extension of the Base Term pursuant to the preceding sentence shall be payable by LesseeLESSEE.

Appears in 2 contracts

Sources: Aircraft Lease Agreement (Turn Works Acquisition Iii Sub a Inc), Aircraft Lease Agreement (Turn Works Acquisition Iii Sub a Inc)

Final Inspection. Upon or next preceding a Return Occasion with respect to the Return OccasionAircraft hereunder, Lessee LESSEE shall make the such Aircraft available to Lessor at Lessee's principal maintenance base or at LESSOR not less than ten (10) days prior to the location at which date of the "C" check referred to below is being performed Return Occasion for detailed inspection, at Lessee's expense (provided, that Lessee shall not bear any costs or expenses associated with Lessor's representatives), inspection in order to verify that the condition of the such Aircraft complies with the requirements set forth above (such inspection being hereinafter referred to as the "Final Inspection"). The Such Final Inspection shall may be conducted concurrently with scheduled at an appropriate maintenance facility of the "C" Check Authorized Maintenance Performer then performing maintenance of such Aircraft, pursuant to be performed immediately prior to the Return Occasion. Lessee Subsection 7(D) hereof, and LESSEE shall give Lessor LESSOR not less than ten (10) days days' prior written notice of the location and commencement date of such "C" CheckFinal Inspection. The period allowed for the Final Inspection shall shall, if necessary, be extended so as to have such duration as to permit Lessor the performance of all of the following, each of which must occur during such period: (1) a B check performed in accordance with LESSEE's Maintenance Program; (2) the opening, in order to verify Lesseeany aspect of the condition of any area of the Aircraft which would normally be accessible during the maintenance check being performed, or at LESSOR's satisfaction request, the opening of any areas of the Aircraft if LESSOR reasonably believes, based on prior inspections or other evidence, that opening of such areas would reveal that the Aircraft does not completely comply with the requirements of this Section 17 and Exhibit E "H"; and (3) No less than three (3) of LESSOR's representatives shall be permitted to attend each phase of activity required to be conducted during the Final Inspection. A Final Inspection shall commence on or before the date of a Return Occasion with respect to the Aircraft and shall continue on consecutive days until all activity required pursuant to the terms of Exhibit "H" and the above to be conducted during the Final Inspection has provisions have been concluded; provided, however, that Lessor shall use its best efforts to complete the Final Inspection contemporaneously with the completion of such "C" Check. To the extent that any portion of the Final Inspection extends beyond the Expiration Datedate of a Return Occasion, the Base Term with respect to the Aircraft undergoing the Final Inspection shall be deemed to be automatically extended (but LESSEE shall have been automatically extendedno right to operate the Aircraft during such time except in connection with any required re-delivery test flights), and the obligation LESSEE shall be obligated to continue to insure the Aircraft, in accordance with the provisions of this Lease, and to pay Rent hereunder continued on a daily basis basis, calculated at a daily rate equal to 1/15 of the Basic Rent, until the Final Inspection shall have been concludedconcluded (provided, provided however, that such LESSEE's shall have no obligation to pay Basic Rent shall be payable only beyond the originally scheduled Expiration Date if (i) Lessor provided on a timely basis sufficient personnel to complete the Final Inspection in a timely manner and (ii) the cause of such extension is not directly attributable completed on or before the Expiration Date due to Lessor LESSOR's failure to timely appear for such inspection unless such failure is caused by LESSEE denying access to the Aircraft and/or Aircraft Documents at a time when same were to be made available to LESSOR or its personnelif LESSEE unreasonably interferes with such Final Inspection by LESSOR). All storage expenses attributable to any extension of the Base Term pursuant to the preceding sentence shall be payable by LesseeLESSEE.

Appears in 1 contract

Sources: Aircraft Lease Agreement (Turn Works Acquisition Iii Sub a Inc)

Final Inspection. Upon the Return Occasion, Lessee shall make the Aircraft available to Lessor at Lessee's principal maintenance base or at the location at which the "C" check referred to below is being performed for detailed inspection, at Lessee's expense (provided, that Lessee shall not bear any costs or expenses associated with Lessor's representatives), in order to verify that the condition of the Aircraft complies with the requirements set forth above (such inspection being hereinafter referred to as the "Final Inspection"). The Final Inspection shall be conducted concurrently with the "C" Check to be performed immediately prior to the Return Occasion. Lessee shall give Lessor not less than ten (10) days prior written notice of the commencement date of such "C" Check. The period allowed for the Final Inspection shall be the same period during which such checks are being performed and shall have such duration as to permit the opening of any areas of the Engine which are customarily necessary or advisable to satisfy Lessor as to verify Lessee's satisfaction of compliance with the requirements of this Section 16 and Exhibit E E. The Final Inspection shall commence on the date so noticed which shall be on or before the expiration of the Term with respect to the Engine and shall continue on consecutive days until all activity required above to be conducted during the Final Inspection has been concluded; provided, however, that Lessor shall use its best efforts to complete the Final Inspection contemporaneously with the completion of such "C" Check. To the extent that any portion of the Final Inspection extends beyond the Expiration Dateexpiration of the Term, unless Lessor has terminated the Lease pursuant to Section 18(g) hereof, the Term with respect to the Engine undergoing the Final Inspection shall be deemed to have been automatically extended, and all obligations (including, without limitation, the obligation to pay Rent hereunder continued hereunder) continued, on a daily basis until the Final Inspection shall have been concludedconcluded and Lessee shall pay Rent during any such extension in an amount equal to the average daily Basic Rent or Renewal Rent, provided as the case may be, paid in respect of the last year of the Basic Term or Renewal Term, as the case may be (and Stipulated Loss Value during such extension shall equal the Stipulated Loss Value on the last day of the Basic Term or Renewal Term, as the case may be); provided, however, that such Lessee shall not be required to pay Rent shall be payable only if (i) with respect to the Engine during the period of extension to the extent that Lessor provided on a timely basis sufficient personnel to complete is responsible for the delay in completion of the Final Inspection in a timely manner and (ii) the cause of such extension is not directly attributable to Lessor or its personnelInspection. All storage expenses attributable to any Term extension of the Term pursuant to the preceding sentence shall be payable by Lessee, except that Lessee shall not be liable for any storage expenses which are incurred after the sixtieth (60th) day after the Term to the extent that storage continues thereafter due to Lessor's delay in completion of the Final Inspection.

Appears in 1 contract

Sources: Engine Lease Agreement (America West Airlines Inc)

Final Inspection. Upon or next preceding a Return Occasion with respect to the Return OccasionAircraft hereunder, Lessee LESSEE shall make the such Aircraft available to Lessor at Lessee's principal maintenance base or at LESSOR not less than ten (10) days prior to the location at which date of the "C" check referred to below is being performed Return Occasion for detailed inspection, at Lessee's expense (provided, that Lessee shall not bear any costs or expenses associated with Lessor's representatives), inspection in order to verify that the condition of the such Aircraft complies with the requirements set forth above (such inspection being hereinafter referred to as the "Final Inspection"). The Such Final Inspection shall may be conducted concurrently with scheduled at an appropriate maintenance facility of the "C" Check Authorized Maintenance Performer then performing maintenance of such Aircraft, pursuant to be performed immediately prior to the Return Occasion. Lessee Subsection 7(D) hereof, and LESSEE shall give Lessor LESSOR not less than ten (10) days days' prior written notice of the location and commencement date of such "C" CheckFinal Inspection. The period allowed for the Final Inspection shall shall, if necessary, be extended so as to have such duration as to permit Lessor the performance of all of the following, each of which must occur during such period: (1) a B check performed in accordance with LESSEE's Maintenance Program; (2) the opening, in order to verify Lesseeany aspect of the condition of any area of the Aircraft which would normally be accessible during the maintenance check being performed, or at LESSOR's satisfaction request, the opening of any areas of the Aircraft if LESSOR reasonably believes, based on prior inspections or other evidence, that opening of such areas would reveal that the Aircraft does not completely comply with the requirements of this Section 17 and Exhibit E "H"; and (3) No less than three (3) of LESSOR's representatives shall be permitted to attend each phase of activity required to be conducted during the Final Inspection. A Final Inspection shall commence on or before the date of a Return Occasion with respect to the Aircraft and shall continue on consecutive days until all activity required pursuant to the terms of Exhibit "H" and 49 the above to be conducted during the Final Inspection has provisions have been concluded; provided, however, that Lessor shall use its best efforts to complete the Final Inspection contemporaneously with the completion of such "C" Check. To the extent that any portion of the Final Inspection extends beyond the Expiration Datedate of a Return Occasion, the Base Term with respect to the Aircraft undergoing the Final Inspection shall be deemed to be automatically extended (but LESSEE shall have been automatically extendedno right to operate the Aircraft during such time except in connection with any required re-delivery test flights), and the obligation LESSEE shall be obligated to continue to insure the Aircraft, in accordance with the provisions of this Lease, and to pay Rent hereunder continued on a daily basis basis, calculated at a daily rate equal to 1/15 of the Basic Rent, until the Final Inspection shall have been concludedconcluded (provided, provided however, that such LESSEE's shall have no obligation to pay Basic Rent shall be payable only beyond the originally scheduled Expiration Date if (i) Lessor provided on a timely basis sufficient personnel to complete the Final Inspection in a timely manner and (ii) the cause of such extension is not directly attributable completed on or before the Expiration Date due to Lessor LESSOR's failure to timely appear for such inspection unless such failure is caused by LESSEE denying access to the Aircraft and/or Aircraft documents at a time when same were to be made available to LESSOR or its personnelif LESSEE unreasonably interferes with such Final Inspection by LESSOR). All storage expenses attributable to any extension of the Base Term pursuant to the preceding sentence shall be payable by LesseeLESSEE.

Appears in 1 contract

Sources: Aircraft Lease Agreement (Turn Works Acquisition Iii Sub a Inc)

Final Inspection. Upon the any Return Occasion, Lessee shall make the Aircraft available to Lessor at Lessee's principal maintenance base or at the location at which where the "block 'C' Check" (or equivalent level designated check referred or checks) required hereunder to below be performed immediately prior to redelivery is being to be performed for detailed inspectioninspection of the documents referred to in paragraph (d) above and the Airframe, Engines and Parts structure and parts, at Lessee's expense (provided, that Lessee shall not bear any costs or expenses associated with excluding compensation to representatives of Lessor's representatives), in order to verify that the condition of the such Aircraft complies with the requirements set forth above (such inspection being hereinafter referred to as the "Final Inspection"). The Final Inspection shall be conducted concurrently combined with the such "block 'C' Check" Check to be performed immediately prior to the Return Occasion(or equivalent level check or checks) and may include such other items as reasonably requested by Lessor. Lessee shall give Lessor not less than ten thirty (1030) days prior written notice of the commencement date of such "C" CheckFinal Inspection. The period allowed for the Final Inspection shall be the same period during which such "block 'C' Check" is being performed and shall have such duration as to permit the opening of any areas of the Aircraft which are necessary or advisable to satisfy Lessor as to verify Lessee's satisfaction of compliance with the requirements of this Section 16 and Exhibit E E. The Final Inspection shall commence on the date so noticed which shall be on or before the expiration of the Term with respect to the Aircraft and shall continue on consecutive days until all activity required above to be conducted during the Final Inspection has been concluded; provided, however, that Lessor shall use its best efforts to complete the Final Inspection contemporaneously with the completion of such "C" Check. To the extent that any portion of the Final Inspection extends beyond the Expiration Dateexpiration of the Term, unless Lessor has terminated the Lease pursuant to Section 18(g) hereof, the Term with respect to the Aircraft undergoing the Final Inspection shall be deemed to have been automatically extended, and the obligation to pay Rent all obligations hereunder continued continued, on a daily basis until the Final Inspection shall have been concludedconcluded and Lessee shall pay Rent during any such extension in an amount equal to the average daily Basic Rent or Renewal Rent, provided as the case may be, paid in respect of the last year of the Basic Term or Renewal Term, as the case may be (and Stipulated Loss Value during such extension shall equal the Stipulated Loss Value on the last day of the Basic Term or Renewal Term, as the case may be); provided, however, that such Lessee shall not be required to pay Rent shall be payable only if (i) with respect to the Aircraft during the period of extension to the extent that Lessor provided on a timely basis sufficient personnel to complete is responsible for the delay in completion of the Final Inspection in a timely manner and (ii) the cause of such extension is not directly attributable to Lessor or its personnelInspection. All storage expenses attributable to any Term extension of the Term pursuant to the preceding sentence shall be payable by Lessee, except that Lessee shall not be liable for any storage expenses which are incurred after the sixtieth (60th) day after the Term to the extent that storage continues thereafter due to Lessor's delay in completion of the Final Inspection.

Appears in 1 contract

Sources: Aircraft Lease Agreement (America West Airlines Inc)

Final Inspection. Upon the any Return Occasion, Lessee shall make the Aircraft available to Lessor at Lessee's principal maintenance base or at the location at which where the "block 'C' Check" (or equivalent level designated check referred or checks) required hereunder to below be performed immediately prior to redelivery is being to be performed for detailed inspectioninspection of the documents referred to in paragraph (d) above and the Airframe, Engines and Parts structure and parts, at Lessee's expense (provided, that Lessee shall not bear any costs or expenses associated with excluding compensation to representatives of Lessor's representatives), in order to verify that the condition of the such Aircraft complies with the requirements set forth above (such inspection being hereinafter referred to as the "Final Inspection"). The Final Inspection shall be conducted concurrently combined with the such "block 'C' Check" Check to be performed immediately prior to the Return Occasion(or equivalent level check or checks) and may include such other items as reasonably requested by Lessor. Lessee shall give Lessor not less than ten thirty (1030) days prior written notice of the commencement date of such "C" CheckFinal Inspection. The period allowed for the Final Inspection shall be the same period during which such "block 'C' Check" is being performed and shall have such duration as to permit the opening of any areas of the Aircraft which are necessary or advisable to satisfy Lessor as to verify Lessee's satisfaction of compliance with the requirements of this Section 16 and Exhibit E E. The Final Inspection shall commence on the date so noticed which shall be on or before the expiration of the Term with respect to the Aircraft and shall continue on consecutive days until all activity required above to be conducted during the Final Inspection has been concluded; provided, however, that Lessor shall use its best efforts to complete the Final Inspection contemporaneously with the completion of such "C" Check. To the extent that any portion of the Final Inspection extends beyond the Expiration Dateexpiration of the Term, unless Lessor has terminated the Lease pursuant to Section 18(f) hereof, the Term with respect to the Aircraft undergoing the Final Inspection shall be deemed to have been automatically extended, and all obligations (including, without limitation, the obligation to pay Rent hereunder continued hereunder) continued, on a daily basis until the Final Inspection shall have been concluded; provided, provided however, that such Lessee shall not be required to pay Rent shall be payable only if (i) with respect to the Aircraft during the period of extension to the extent that Lessor provided on a timely basis sufficient personnel to complete is responsible for the delay in completion of the Final Inspection in a timely manner and (ii) the cause of such extension is not directly attributable to Lessor or its personnelInspection. All storage expenses attributable to any Term extension of the Term pursuant to the preceding sentence shall be payable by Lessee, except that Lessee shall not be liable for any storage expenses which are incurred after the sixtieth (60th) day after the - 91 - 97 Term to the extent that storage continues thereafter due to Lessor's delay in completion of the Final Inspection.

Appears in 1 contract

Sources: Aircraft Lease Agreement (America West Airlines Inc)

Final Inspection. Upon the any Return Occasion, Lessee shall make the Aircraft available to Lessor at Lessee's principal maintenance base or at the location at which where the "block 'C' Check" (or equivalent level designated check referred or checks) required hereunder to below be performed immediately prior to redelivery is being to be performed for detailed inspectioninspection of the documents referred to in paragraph (d) above and the Airframe, Engines and Parts structure and parts, at Lessee's expense (provided, that Lessee shall not bear any costs or expenses associated with excluding compensation to representatives of Lessor's representatives), in order to verify that the condition of the such Aircraft complies with the requirements set forth above (such inspection being hereinafter referred to as the "Final Inspection"). The Final Inspection shall be conducted concurrently combined with the such "block 'C' Check" Check to be performed immediately prior to the Return Occasion(or equivalent level check or checks) and may include such other items as reasonably requested by Lessor. Lessee shall give Lessor not less than ten thirty (1030) days prior written notice of the commencement date of such "C" CheckFinal Inspection. The period allowed for the Final Inspection shall be the same period during which such "block 'C' Check" is being performed and shall have such duration as to permit the opening of any areas of the Aircraft which are necessary or advisable to satisfy Lessor as to verify Lessee's satisfaction of compliance with the requirements of this Section 16 and Exhibit E E. The Final Inspection shall commence on the date so noticed which shall be on or before the expiration of the Term with respect to the Aircraft and shall continue on consecutive days until - 91 - 93 all activity required above to be conducted during the Final Inspection has been concluded; provided, however, that Lessor shall use its best efforts to complete the Final Inspection contemporaneously with the completion of such "C" Check. To the extent that any portion of the Final Inspection extends beyond the Expiration Dateexpiration of the Term, unless Lessor has terminated the Lease pursuant to Section 18(f) hereof, the Term with respect to the Aircraft undergoing the Final Inspection shall be deemed to have been automatically extended, and all obligations (including, without limitation, the obligation to pay Rent hereunder continued hereunder) continued, on a daily basis until the Final Inspection shall have been concluded; provided, provided however, that such Lessee shall not be required to pay Rent shall be payable only if (i) with respect to the Aircraft during the period of extension to the extent that Lessor provided on a timely basis sufficient personnel to complete is responsible for the delay in completion of the Final Inspection in a timely manner and (ii) the cause of such extension is not directly attributable to Lessor or its personnelInspection. All storage expenses attributable to any Term extension of the Term pursuant to the preceding sentence shall be payable by Lessee, except that Lessee shall not be liable for any storage expenses which are incurred after the sixtieth (60th) day after the Term to the extent that storage continues thereafter due to Lessor's delay in completion of the Final Inspection.

Appears in 1 contract

Sources: Aircraft Lease Agreement (America West Airlines Inc)

Final Inspection. Upon Following the Return Occasiondate Seller vacates the property, Lessee the Buyer (“Buyer shall make include Buyer’s Representative) shall inspect the Aircraft available property to Lessor ensure compliance with this Agreement and the Contract (the “Final Inspection”). Seller (“Seller” shall include Seller’s Representative) has the right to be present at Lessee's principal maintenance base such inspection. The final inspection shall take place at PM on , or such other date and times the parties may specify by joint written notice to the Realtors. In the event Buyer determines that all provisions of this Agreement and the Contract have not been complied with, Buyer shall provide to Seller or Seller’s Agent (If either is present at the location Final Inspection) and to Buyers Agent on or before 5:00 PM on the 3rd business day (Monday – Friday excluding Federal designated holidays) following the date of the Final Inspection above or such other Final Inspection date a written list of claims against the security deposit (“Claims List”). In the event such Claims List is not delivered to the Realtors within said timeframe, the Buyer shall be precluded from making any claims under this Agreement against the security deposit. In such case the Buyers are hereby authorized and directed to release any funds remaining in said account to the Seller without any further agreement, notice by or to the parties, or duty to make further inquiry. In the event a claims list is delivered within said timeframe, and includes Damage to the property and/or repairs required to be made under the Contract or this Agreement, the Buyer shall be irrevocably authorized for a period of 14 calendar days after the Final Inspection specified above (or such other Final Inspection date as may have been specified by joint written notice from Buyer and Seller to the Realtors) to complete required repairs and to provide invoices for same to Realtors, which invoices said Buyer shall be irrevocably authorized and directed to pay, or reimburse Buyer out of the escrow fund. In the event that Realtors receive written notice from Buyer within said 14 day timeframe that required repairs are so substantial or of such a nature that the work will not be completed within said 14 day time frame, the period for completion or repairs under this Agreement may be extended for a period deemed reasonable, as determined by Selling Agent in its sole discretion. Following payment of all claims pursuant to the provisions of this Agreement, the balance of said Deposit, if any, shall be dispersed to Seller. The Buyer is also authorized to release all deposit funds at which any time pursuant to either (A) a written notice from Buyer to Realtors directing a release of all funds to Seller, or (B) a joint written notice from Buyer and Seller to Realtors specifying any other dispositions of such funds. Notwithstanding the "C" check referred release of the deposit funds, the parties agree that the rights and obligations of the parties with respect to below is being performed for detailed inspection, at Lessee's expense (provided, that Lessee shall not bear any costs or expenses associated with Lessor's representatives), in order to verify that the condition of the Aircraft complies with property as may be specified in the requirements set forth above (such inspection being hereinafter referred to as Agreement or the "Final Inspection"). The Final Inspection Contract shall be conducted concurrently with the "C" Check to be performed immediately prior to the Return Occasion. Lessee shall give Lessor not less than ten (10) days prior written notice of the commencement date of such "C" Check. The period allowed for the Final Inspection shall have such duration as to permit Lessor to verify Lessee's satisfaction of the requirements of Exhibit E survive and shall continue on consecutive days until all activity required above to be conducted during the Final Inspection has been concluded; provided, however, that Lessor shall use its best efforts to complete the Final Inspection contemporaneously with the completion of such "C" Check. To the extent that any portion of the Final Inspection extends beyond the Expiration Date, the Term shall be deemed to have been automatically extended, remain in full force and the obligation to pay Rent hereunder continued on a daily basis until the Final Inspection shall have been concluded, provided that such Rent shall be payable only if (i) Lessor provided on a timely basis sufficient personnel to complete the Final Inspection in a timely manner and (ii) the cause of such extension is not directly attributable to Lessor or its personnel. All storage expenses attributable to any extension of the Term pursuant to the preceding sentence shall be payable by Lesseeeffect.

Appears in 1 contract

Sources: Post Settlement Occupancy Agreement

Final Inspection. Upon Whenever all the Return Occasion, Lessee shall make the Aircraft available to Lessor at Lessee's principal maintenance base or at the location at which the "C" check referred to below is being performed for detailed inspection, at Lessee's expense (provided, that Lessee shall not bear any costs or expenses associated with Lessor's representatives), in order to verify that the condition materials have been furnished and all of the Aircraft complies Works have been performed, including fmal cleaning -up as contemplated in Article 21, all in accordance with the requirements set forth above (such drawings and Scope of Work, Seller shall notify the Engineer in writing that said work is completed and ready for final inspection. Final inspection being hereinafter referred to as the "Final Inspection"). The Final Inspection shall be conducted concurrently with the "C" Check to be performed immediately prior to the Return Occasion. Lessee shall give Lessor not less than occur within a ten (10) days prior written working Days period after the Engineer has received notice from Seller of Substantial Completion. After receipt of notice Buyer will notify Seller of the exact date and time of the final inspection and Seller shall accommodate Buyer's specific time. If all Works are found completed in accordance with the Scope of Work, this inspection shall constitute the fmal inspection and the date of receipt of the notice of Seller that the commencement date of such Works were completed and ready for fmal inspection shall be established as "CFinal Completion." Check. The period allowed for the Final Inspection shall have such duration as to permit Lessor to verify Lessee's satisfaction of the requirements of Exhibit E and shall continue on consecutive days until all activity required above to be conducted during the Final Inspection has been concluded; providedIf, however, upon inspection by the Engineer it is found that Lessor any Work, in whole or in part, is unsatisfactory, the Engineer shall use its best efforts give Seller the necessary instructions as to complete the replacement of material and performance of work necessary to achieve Final Inspection contemporaneously Completion and acceptance and Seller shall immediately comply with the completion and execute such instructions. Upon satisfactory replacement and performance of such "C" CheckWork, Seller shall notify the Engineer, and another inspection shall be made which will constitute the fmal inspection if the Required Testing demonstrates Substantial Completion. To In such event, the extent that any portion date of receipt of this last notice of Seller will be established as Final Completion of the Works or any separable part thereof under the Agreement. Final Inspection extends beyond the Expiration DateCompletion, the Term thus established, shall be deemed to have been automatically extended, and used in calculating the obligation to pay Rent hereunder continued on a daily basis until the Final Inspection shall have been concluded, provided that such Rent shall be payable only if (i) Lessor provided on a timely basis sufficient personnel to complete the Final Inspection in a timely manner and (ii) the cause actual time of such extension is not directly attributable to Lessor or its personnel. All storage expenses attributable to any extension performance of the Term pursuant to the preceding sentence shall be payable by Lesseework.

Appears in 1 contract

Sources: Fuel Sale and Purchase Agreement

Final Inspection. Upon the any Return Occasion, Lessee shall make the Aircraft available to Lessor at Lessee's principal maintenance base or at the location at which where the "block 'C' Check" (or equivalent level designated check referred or checks) required hereunder to below be performed immediately prior to redelivery is being to be performed for detailed inspectioninspection of the documents referred to in paragraph (d) above and the Airframe, Engines and Parts structure and parts, at Lessee's expense (provided, that Lessee shall not bear any costs or expenses associated with excluding compensation to representatives of Lessor's representatives), in order to verify that the condition of the such Aircraft complies with the requirements set forth above (such inspection being hereinafter referred to as the "Final Inspection"). The Final Inspection shall be conducted concurrently combined with the such "block 'C' Check" Check to be performed immediately prior to the Return Occasion(or equivalent level check or checks) and may include such other items as reasonably requested by Lessor. Lessee shall give Lessor not less than ten thirty (1030) days prior written notice of the commencement date of such "C" CheckFinal Inspection. The period allowed for the Final Inspection shall be the same period during which such "block 'C' Check" is being performed and shall have such duration as to permit the opening of any areas of the Aircraft which are necessary or advisable to satisfy Lessor as to verify Lessee's satisfaction of compliance with the requirements of this Section 16 and Exhibit E E. The Final Inspection shall commence on the date so noticed which shall be on or before the expiration of the Term with respect to the Aircraft and shall continue on consecutive days until all activity required above to be conducted during the Final Inspection has been concluded; provided, however, that Lessor shall use its best efforts to complete the Final Inspection contemporaneously with the completion of such "C" Check. To the extent that any portion of the Final Inspection extends beyond the Expiration Dateexpiration of the Term, unless Lessor has terminated the Lease pursuant to Section 18(g) hereof, the Term with respect to the Aircraft undergoing the Final Inspection shall be deemed to have been automatically extended, and the obligation to pay Rent all obligations hereunder continued continued, on a daily basis until the Final Inspection shall have been concluded, provided that such Rent shall be payable only if (i) Lessor provided on a timely basis sufficient personnel to complete the Final Inspection in a timely manner and (ii) the cause of such extension is not directly attributable to Lessor or its personnel. All storage expenses attributable to any extension of the Term pursuant to the preceding sentence shall be payable by Lessee.been

Appears in 1 contract

Sources: Aircraft Lease Agreement (America West Airlines Inc)

Final Inspection. Upon the any Return Occasion, Lessee shall make the Aircraft available to Lessor at Lessee's principal maintenance base or at the location at which where the "block 'C' Check" (or equivalent level designated check referred or checks) required hereunder to below be performed immediately prior to redelivery is being to be performed for detailed inspectioninspection of the documents referred to in paragraph (d) above and the Airframe, Engines and Parts structure and parts, at Lessee's expense (provided, that Lessee shall not bear any costs or expenses associated with excluding compensation to representatives of Lessor's representatives), in order to verify that the condition of the such Aircraft complies with the requirements set forth above (such inspection being hereinafter referred to as the "Final Inspection"). The Final Inspection shall be conducted concurrently combined with the such "block 'C' Check" Check to be performed immediately prior to the Return Occasion(or equivalent level check or checks) and may include such other items as reasonably requested by Lessor. Lessee shall give Lessor not less than ten thirty (1030) days prior written notice of the commencement date of such "C" CheckFinal Inspection. The period allowed for the Final Inspection shall be the same period during which such "block 'C' Check" is being performed and shall have such duration as to permit the opening of any areas of the Aircraft which are necessary or advisable to satisfy Lessor as to verify Lessee's satisfaction of compliance with the requirements of this Section 16 and Exhibit E E. The Final Inspection shall commence on the date so noticed which shall be on or before the expiration of the Term with respect to the Aircraft and shall continue on consecutive days until all activity required above to be conducted during the Final Inspection has been concluded; provided, however, that Lessor shall use its best efforts to complete the Final Inspection contemporaneously with the completion of such "C" Check. To the extent that any portion of the Final Inspection extends beyond the Expiration Dateexpiration of the Term, unless Lessor has terminated the Lease pursuant to Section 18(g) hereof, the Term with respect to the Aircraft undergoing the Final Inspection shall be deemed to have been automatically extended, and the obligation to pay Rent all obligations hereunder continued continued, on a daily basis until the Final Inspection shall have been concludedconcluded and Lessee shall pay Rent during any such extension in an amount equal to the average daily Basic Rent or Renewal Rent, provided as the case may be, paid in respect of the last year of the Basic Term or Renewal Term, as the case may be (and Stipulated Loss Value during such extension shall equal the Stipulated Loss Value on the last day of the Basic Term or Renewal Term, as the case may be); provided, however, that such Lessee shall not be required to pay Rent shall be payable only if (i) with respect to the Aircraft during the period of extension to the extent that Lessor provided on a timely basis sufficient personnel to complete is responsible for the delay in - 93 - 95 completion of the Final Inspection in a timely manner and (ii) the cause of such extension is not directly attributable to Lessor or its personnelInspection. All storage expenses attributable to any Term extension of the Term pursuant to the preceding sentence shall be payable by Lessee, except that Lessee shall not be liable for any storage expenses which are incurred after the sixtieth (60th) day after the Term to the extent that storage continues thereafter due to Lessor's delay in completion of the Final Inspection.

Appears in 1 contract

Sources: Aircraft Lease Agreement (America West Airlines Inc)

Final Inspection. Upon the any Return Occasion, Lessee shall make the Aircraft available to Lessor at Lessee's principal maintenance base or at the location at which where the "block 'C' Check" (or equivalent level designated check referred or checks) required hereunder to below be performed immediately prior to redelivery is being to be performed for detailed inspectioninspection of the documents referred to in paragraph (d) above and the Airframe, Engines and Parts structure and parts, at Lessee's expense (provided, that Lessee shall not bear any costs or expenses associated with excluding compensation to representatives of Lessor's representatives), in order to verify that the condition of the such Aircraft complies with the requirements set forth above (such inspection being hereinafter referred to as the "Final Inspection"). The Final Inspection shall be conducted concurrently combined with the such "block 'C' Check" Check to be performed immediately prior to the Return Occasion(or equivalent level check or checks) and may include such other items as reasonably requested by Lessor. Lessee shall give Lessor not less than ten thirty (1030) days prior written notice of the commencement date of such "C" CheckFinal Inspection. The period allowed for the Final Inspection shall be the same period during which such "block 'C' Check" is being performed and shall have such duration as to permit the opening of any areas of the Aircraft which are necessary or advisable to satisfy Lessor as to verify Lessee's satisfaction of compliance with the requirements of this Section 16 and Exhibit E E. The Final Inspection shall commence on the date so noticed which shall be on or before the expiration of the Term with respect to the Aircraft and shall continue on consecutive days until all activity required above to be conducted during the Final Inspection has been concluded; provided, however, that Lessor shall use its best efforts to complete the Final Inspection contemporaneously with the completion of such "C" Check. To the extent that any portion of the Final Inspection extends beyond the Expiration Dateexpiration of the Term, unless Lessor has terminated the Lease pursuant to Section 18(g) 96 hereof, the Term with respect to the Aircraft undergoing the Final Inspection shall be deemed to have been automatically extended, and the obligation to pay Rent all obligations hereunder continued continued, on a daily basis until the Final Inspection shall have been concludedconcluded and Lessee shall pay Rent during any such extension in an amount equal to the average daily Basic Rent or Renewal Rent, provided as the case may be, paid in respect of the last year of the Basic Term or Renewal Term, as the case may be (and Stipulated Loss Value during such extension shall equal the Stipulated Loss Value on the last day of the Basic Term or Renewal Term, as the case may be); provided, however, that such Lessee shall not be required to pay Rent shall be payable only if (i) with respect to the Aircraft during the period of extension to the extent that Lessor provided on a timely basis sufficient personnel to complete is responsible for the delay in completion of the Final Inspection in a timely manner and (ii) the cause of such extension is not directly attributable to Lessor or its personnelInspection. All storage expenses attributable to any Term extension of the Term pursuant to the preceding sentence shall be payable by Lessee, except that Lessee shall not be liable for any storage expenses which are incurred after the sixtieth (60th) day after the Term to the extent that storage continues thereafter due to Lessor's delay in completion of the Final Inspection.

Appears in 1 contract

Sources: Aircraft Lease Agreement (America West Airlines Inc)

Final Inspection. Upon the any Return Occasion, Lessee shall make the Aircraft available to Lessor at Lessee's principal maintenance base or at the location at which where the "block 'C' Check" (or equivalent level designated check referred or checks) required hereunder to below be performed immediately prior to redelivery is being to be performed for detailed inspectioninspection of the documents referred to in paragraph (d) above and the Airframe, Engines and Parts structure and parts, at Lessee's expense (provided, that Lessee shall not bear any costs or expenses associated with excluding compensation to representatives of Lessor's representatives), in order to verify that the condition of the such Aircraft complies with the requirements set forth above (such inspection being hereinafter referred to as the "Final Inspection"). The Final Inspection shall be conducted concurrently combined with the such "block 'C' Check" Check to be performed immediately prior to the Return Occasion(or equivalent level check or checks) and may include such other items as reasonably requested by Lessor. Lessee shall give Lessor not less than ten thirty (1030) days prior written notice of the commencement date of such "C" CheckFinal Inspection. The period allowed for the Final Inspection shall be the same period during which such "block 'C' Check" is being performed and shall have such duration as to permit the opening of any areas of the Aircraft which are necessary or advisable to satisfy Lessor as to verify Lessee's satisfaction of compliance with the requirements of this Section 16 and Exhibit E E. The Final Inspection shall commence on the date so noticed which shall be on or before the expiration of the Term with respect to the Aircraft and shall continue on consecutive days until - 93 - 95 all activity required above to be conducted during the Final Inspection has been concluded; provided, however, that Lessor shall use its best efforts to complete the Final Inspection contemporaneously with the completion of such "C" Check. To the extent that any portion of the Final Inspection extends beyond the Expiration Dateexpiration of the Term, unless Lessor has terminated the Lease pursuant to Section 18(f) hereof, the Term with respect to the Aircraft undergoing the Final Inspection shall be deemed to have been automatically extended, and all obligations (including, without limitation, the obligation to pay Rent hereunder continued hereunder) continued, on a daily basis until the Final Inspection shall have been concluded; provided, provided however, that such Lessee shall not be required to pay Rent shall be payable only if (i) with respect to the Aircraft during the period of extension to the extent that Lessor provided on a timely basis sufficient personnel to complete is responsible for the delay in completion of the Final Inspection in a timely manner and (ii) the cause of such extension is not directly attributable to Lessor or its personnelInspection. All storage expenses attributable to any Term extension of the Term pursuant to the preceding sentence shall be payable by Lessee, except that Lessee shall not be liable for any storage expenses which are incurred after the sixtieth (60th) day after the Term to the extent that storage continues thereafter due to Lessor's delay in completion of the Final Inspection.

Appears in 1 contract

Sources: Aircraft Lease Agreement (America West Airlines Inc)