Common use of Lessor’s Responsibilities Clause in Contracts

Lessor’s Responsibilities. UNSERVICEABILITY Lessor during each Lease Term at its own cost (unless otherwise stated) shall: 12.1. Ensure that each Aircraft: a. is serviceable and equipped for commercial airline operations; b. has a valid and current Certificate of Airworthiness and a valid Aircraft Operating Certificate; c. is delivered clean and defect free by international standards and ready for commercial services; and d. has onboard, prior to each Flight, the official documents for the operation of the Aircraft and the carriage of passengers, baggage, cargo and mail on Flights; 12.2. Provide sets of cockpit crew as stated in Article 11 and aircraft maintenance engineers as well as ensure that Aircraft is maintained and operated in accordance with the requirements of the Aviation Authority in accordance with Lessor’s approved maintenance program; 12.3. Will place at the Base sufficient, well trained maintenance personnel, as well as sufficient spare parts, tools and maintenance equipment, updated maintenance documentation as per standard industry practice. 12.4. Procure and maintain insurance as set out in Article 19; 12.5. Grant access on board the Aircraft to Lessee’s personnel and Maltese CAA inspectors whilst performing their official duties; 12.6. Be responsible for all scheduled and unscheduled maintenance including pre-flight and technical transit checks and maintenance related procedures; 12.7. Rent to Lessee two sets of Atlas galley equipment per aircraft or any other amount as agreed between parties, the cost of which will be included in the Rent. Lessee then is liable for return of the equipment in the state it was received, subject to normal wear and tear, failing to do so incurring penalty of USD 125 for lost or damaged container, USD550 for lost or damaged full-size trolley, USD450 for lost or damaged half size trolley. Signature of acceptance certificate is necessary when accepting catering equipment. 12.8. Be responsible for flight plans, load sheets and technical sign offs. 12.9. If the expected unavailability of an Aircraft for a planned Flight of Lessee is more than 2,5 hours after its original scheduled departure time, as determined by Lessor’s AOG status message, then Lessee has the right to cancel the affected Flight, and its return sector, from Lessor’s Flight program and deduct the cancelled Block Hours from the Minimum Period Guarantee of the applicable Lease Term. Should Lessor not operate a Flight in accordance with the agreed Flight Program due to unscheduled maintenance, unserviceability, crew shortage for planned flights or for any other reason within the responsibility of Lessor, then in any event the Lessee will be refunded for Block Hours not flown and the Minimum Period Guarantee of the applicable Lease Term will be reduced accordingly. Such credit will be reconciled at the end of each Lease Term. 12.10. For the avoidance of doubt, as per Annex B, subclause s) ix, organization and expenses of any customs-related activities is Lessor’s responsibility, and non-performance thereof cannot be the reason for Lessor’s loss of revenue or Minimum Period Guarantee reduction. Any custom related activity in relation to maintenance of Aircraft falls under Lessor’s responsibility. 12.11. In case the Aircraft is unserviceable for longer than 2,5 hours hours, and Lessor has not supplied a Replacement Aircraft, then Lessee has the right to operate the Flight(s) on its own accord or lease a third-party aircraft, in which case Lessor will compensate for difference in wet lease rates and difference in direct operating cost for initially scheduled and planned flights. Lessee’s and Lessor’s wet lease rates are considered similar. For avoidance of doubt, such rate difference shall not be higher than USD 2000 per Block Hour. In any case, Lessor agrees to advise to Lessee earliest possible the most precise back in service time. 12.12. Lessor shall ensure that all services and carriage hereunder shall be in accordance with the regulations of FAA, the International Civil Aviation Organization (ICAO) and all other applicable international and government regulations.

Lessor’s Responsibilities. UNSERVICEABILITY Lessor during each Lease Term at its own cost (unless otherwise stated) shall: 12.1. Ensure that each Aircraft: a. is serviceable and equipped for commercial airline operations; b. has a valid and current Certificate of Airworthiness and a valid Aircraft Operating Certificate; c. is delivered clean and defect free by international standards and ready for commercial services; and d. has onboard, prior to each Flight, the official documents for the operation of the Aircraft and the carriage of passengers, baggage, cargo and mail on Flights; 12.2. Provide sets of cockpit crew as stated in Article 11 and aircraft maintenance engineers as well as ensure that Aircraft is maintained and operated in accordance with the requirements of the Aviation Authority in accordance with Lessor’s approved maintenance program; 12.3. Will place at the Base sufficient, well trained maintenance personnel, as well as sufficient spare parts, tools and maintenance equipment, updated maintenance documentation as per standard industry practice. 12.4. Procure and maintain insurance as set out in Article 19; 12.5. Grant access on board the Aircraft to Lessee’s personnel and Maltese CAA FAA inspectors whilst performing their official duties; 12.6. Be responsible for all scheduled and unscheduled maintenance including pre-flight fiight and technical transit checks and maintenance related procedures; 12.7. Rent to Lessee two sets of Atlas galley equipment per aircraft or any other amount as agreed between parties, the cost of which will be included in the Rent. Lessee then is liable for return of the equipment in the state it was received, subject to normal wear and tear, failing to do so incurring penalty of USD 125 USD125 for lost or damaged container, USD550 for lost or damaged full-size trolley, USD450 for lost or damaged half size trolley. Signature of acceptance certificate is necessary when accepting catering equipment. 12.8. Be responsible for flight plans, load sheets and technical sign offs. 12.9. If the expected unavailability of an Aircraft for a planned Flight of Lessee is more than 2,5 2.5 hours after its original scheduled departure time, as determined by Lessor’s AOG status message, then Lessee has the right to cancel the affected Flight, and its return sector, from Lessor’s Flight program and deduct the cancelled Block Hours from the Minimum Period Guarantee of the applicable Lease Term. Should Lessor not operate a Flight in accordance with the agreed Flight Program due to unscheduled maintenance, unserviceability, . crew shortage for planned flights or for any other reason within the responsibility of Lessor, then in any event the Lessee will be refunded for Block Hours not flown and the Minimum Period Guarantee of the applicable Lease Term will be reduced accordingly. Such credit will be reconciled at the end of each Lease Term. 12.10. For the avoidance of doubt, as per Annex B, subclause s) ix, organization and expenses of any customs-related activities is Lessor’s responsibility, and non-performance thereof cannot be the reason for Lessor’s loss of revenue or Minimum Period Guarantee reduction. Any custom related activity in relation to maintenance of Aircraft falls under Lessor’s responsibility. 12.11. In case the Aircraft is unserviceable for longer than 2,5 hours hours, and Lessor has not supplied a Replacement Aircraft, then Lessee has the right to operate the Flight(s) on its own accord or lease a third-party aircraft, in which case Lessor will compensate for difference in wet lease rates and difference in direct operating cost for initially scheduled and planned flights. Lessee’s and Lessor’s wet lease rates are considered similar. For avoidance of doubt, such rate difference shall not be higher than USD 2000 per Block Hour. In any case, Lessor agrees to advise to Lessee earliest possible the most precise back in service time. 12.12. Lessor shall ensure that all services and carriage hereunder shall be in accordance with the regulations of FAAEASA, the International Civil Aviation Organization (ICAO) and all other applicable international and government regulations.