Common use of Limitations on Control Clause in Contracts

Limitations on Control. Notwithstanding any other provision of this Trust Agreement, but subject to Sections 12.02 and 12.04, Owner Participant will have no rights or powers to direct, influence or control Owner Trustee in the performance of Owner Trustee’s duties under this Trust Agreement, including matters involving the ownership and operation of the Aircraft. Owner Trustee shall exercise its duties under this Trust Agreement in connection with matters involving the ownership and operation of the Aircraft, as Owner Trustee, in its discretion, shall deem necessary to protect the interests of the United States, notwithstanding any countervailing interest of any foreign power which, or whose citizens, may have a direct or indirect interest in Owner Participant, and any such action by Owner Trustee shall not be considered malfeasance or in breach of any obligation which Owner Trustee might otherwise have to Owner Participant; provided, however, that subject to the foregoing limitations, Owner Trustee shall exercise this discretion in all matters arising under this Trust Agreement, including the ownership and operation of the Aircraft, with due regard for the interests of Owner Participant. In exercising any of its rights and duties under this Trust Agreement in connection with matters which may arise not relating to the ownership and operation of the Aircraft, Owner Trustee shall be permitted to seek the advice of Owner Participant before taking, or refraining from taking, any action with respect thereto. To the extent that Owner Trustee takes any action or inaction in accordance with any written instruction and/or advice of Owner Participant given or in exercising its discretion under this Article XII, such action or inaction shall not be deemed to be gross negligence or willful misconduct. Owner Trustee shall notify Owner Participant of its exercise of rights and duties under this Trust Agreement in connection with matters involving the ownership and operation of the Aircraft.][ftnt] [ftnt] Insert this paragraph as Section 12.01 in place of the current Section 12.01 if the Owner Participant is not a Citizen of the United States. UNQUOTE

Limitations on Control. Notwithstanding any other provision of this Trust Agreement, but subject to Sections 12.02 and 12.04, Owner Participant will have no rights or powers to direct, influence or control Owner Trustee in the performance of Owner Trustee’s duties under this Trust Agreement, including Agreement in connection with any matters involving the ownership and operation of the AircraftAircraft by Owner Trustee. In all such matters, Owner Trustee shall have absolute and complete discretion in connection therewith and shall be free of any kind of influence or control whatsoever by Owner Participant, and Owner Trustee shall exercise its duties under this Trust Agreement in connection with matters involving the ownership and operation of the Aircraft, Aircraft by Owner Trustee as Owner Trusteeit, in its discretion, shall deem necessary to protect the interests of the United States, notwithstanding any countervailing interest of any foreign power which, or whose citizens, may have a direct or indirect interest in Owner Participant, and any such action by Owner Trustee shall not be considered malfeasance or in breach of any obligation which Owner Trustee might otherwise have to Owner Participant; provided, however, that subject to the foregoing limitations, Owner Trustee shall exercise this its discretion in all matters arising under this Trust Agreement, including involving the ownership and operation of the Aircraft, Aircraft by Owner Trustee (a) with due regard for the interests of Owner ParticipantParticipant and (b) in a manner not inconsistent with the provisions of the 1 Provision subject to change pursuant to FAA regulations regarding NCT. In exercising any of its rights and duties under this LA 1 – Trust Agreement [Trust Agreement ([Year] MSN [MSN])] Operative Documents; provided, further, that Owner Participant may confer with Owner Trustee and/or Owner Trustee may consult with Owner Participant in connection with such matters which may arise not relating to involving the ownership and operation of the AircraftAircraft (it being understood that any advice, opinion or suggestion obtained by Owner Trustee in the course of such conferring or consulting shall not be binding on Owner Trustee, but that Owner Trustee shall be permitted free to seek follow or disregard such advice, opinion or suggestion in the advice exercise of its discretion). In addition, Owner Participant before taking, or refraining from taking, any action with respect thereto. To the extent that may not remove Owner Trustee takes or any action or inaction in accordance with any written instruction and/or advice of successor Owner Participant given or in exercising its discretion under this Article XIITrustee appointed hereunder, such action or inaction shall not be deemed to be gross negligence or willful misconductexcept for cause. Owner Trustee shall agrees to promptly notify Owner Participant of its the exercise of rights and its duties under this Trust Agreement in connection with matters involving the ownership and operation of the Aircraft.][ftnt] [ftnt] Insert this paragraph as Section 12.01 in place of the current Section 12.01 if the Aircraft by Owner Participant is not a Citizen of the United States. UNQUOTETrustee.

Limitations on Control. Notwithstanding any other provision of this Trust Agreement, but subject to Sections 12.02 and 12.04, Owner Participant will have no rights or powers to direct, influence or control Owner Trustee in the performance of Owner Trustee’s duties under this Trust Agreement, including Agreement in connection with any matters involving the ownership and operation of the AircraftAircraft by Owner Trustee. In all such matters, Owner Trustee shall have absolute and complete discretion in connection therewith and shall be free of any kind of influence or control whatsoever by Owner Participant, and Owner Trustee shall exercise its duties under this Trust Agreement in connection with matters involving the ownership and operation of the Aircraft, Aircraft by Owner Trustee as Owner Trusteeit, in its discretion, shall deem necessary to protect the interests of the United States, notwithstanding any countervailing interest of any foreign power which, or whose citizens, may have a direct or indirect interest in Owner Participant, and any such action by Owner Trustee shall not be considered malfeasance or in breach of any obligation which Owner Trustee might otherwise have to Owner Participant; provided, however, that subject to the foregoing limitations, Owner Trustee shall exercise this its discretion in all matters arising under this Trust Agreement, including involving the ownership and operation of the Aircraft, Aircraft by Owner Trustee (a) with due regard for the interests of Owner ParticipantParticipant and (b) in a manner not inconsistent with the provisions of the 1 Provision subject to change pursuant to FAA regulations regarding NCT. In exercising any of its rights and duties under this Trust Agreement Operative Documents; provided, further, that Owner Participant may confer with Owner Trustee and/or Owner Trustee may consult with Owner Participant in connection with such matters which may arise not relating to involving the ownership and operation of the AircraftAircraft (it being understood that any advice, opinion or suggestion obtained by Owner Trustee in the course of such conferring or consulting shall not be binding on Owner Trustee, but that Owner Trustee shall be permitted free to seek follow or disregard such advice, opinion or suggestion in the advice exercise of its discretion). In addition, Owner Participant before taking, or refraining from taking, any action with respect thereto. To the extent that may not remove Owner Trustee takes or any action or inaction in accordance with any written instruction and/or advice of successor Owner Participant given or in exercising its discretion under this Article XIITrustee appointed hereunder, such action or inaction shall not be deemed to be gross negligence or willful misconductexcept for cause. Owner Trustee shall agrees to promptly notify Owner Participant of its the exercise of rights and its duties under this Trust Agreement in connection with matters involving the ownership and operation of the Aircraft.][ftnt] [ftnt] Insert this paragraph as Section 12.01 in place of the current Section 12.01 if the Aircraft by Owner Participant is not a Citizen of the United States. UNQUOTETrustee.

Limitations on Control. Notwithstanding any other provision of this Trust Agreement, but subject to Sections 12.02 and 12.04paragraph (b) of this Section 2.03, the Owner Participant will have no rights or powers to direct, influence or control the Owner Trustee in the performance of the Owner Trustee’s 's duties under this Trust Agreement, including Agreement in connection with matters involving the ownership and operation of the AircraftAircraft by the Owner Trustee. In all matters involving the ownership and operation of the Aircraft by the Owner Trustee, the Owner Trustee shall have absolute and complete discretion in connection therewith and shall be free of any kind of influence or control whatsoever by the Owner Participant, and the Owner Trustee shall exercise its duties under this Trust Agreement in connection with matters involving the ownership and operation of the Aircraft, Aircraft by the Owner Trustee as Owner Trusteeit, in its discretion, shall deem necessary to protect the interests of the United States, notwithstanding any countervailing interest of any foreign power which, or whose citizens, may have a direct or indirect interest in the Owner Participant, Participant and any such action by the Owner Trustee shall not be considered malfeasance or in breach of any obligation which the Owner Trustee might otherwise have to the Owner Participant; provided, however, that subject to the foregoing limitations, the Owner Trustee shall exercise this its discretion in all matters arising under this Trust Agreement, including involving the ownership and operation of the Aircraft, Aircraft by the Owner Trustee with due regard for the interests of the Owner Participant. In exercising any of its rights and duties under this Trust Agreement in connection with matters which may arise not relating to the ownership and operation of the Aircraft, the Owner Trustee shall be permitted to seek the advice of the Owner Participant before taking, or refraining from taking, any action with respect thereto. To the extent that Owner Trustee takes any action or inaction in accordance with any written instruction and/or advice of Owner Participant given or in exercising its discretion under this Article XII, such action or inaction shall not be deemed to be gross negligence or willful misconduct. The Owner Trustee shall notify the Owner Participant of its exercise of rights and duties under this Trust Agreement in connection with matters involving the ownership and operation of the Aircraft.][ftnt] [ftnt] Insert this paragraph as Section 12.01 in place of the current Section 12.01 if Aircraft by the Owner Participant is not a Citizen of the United States. UNQUOTETrustee.

Limitations on Control. Notwithstanding any other provision of this Trust Agreement, but subject to Sections 12.02 and 12.04, Owner Participant will have no rights or powers to direct, influence or control Owner Trustee in the performance of Owner Trustee’s duties under this Trust Agreement, including Agreement in connection with any matters involving the ownership and operation of the AircraftAircraft by Owner Trustee. In all such matters, Owner Trustee shall have absolute and complete discretion in connection therewith and shall be free of any kind of influence or control whatsoever by Owner Participant, and Owner Trustee shall exercise its duties under this Trust Agreement in connection with matters involving the ownership and operation of the Aircraft, Aircraft by Owner Trustee as Owner Trusteeit, in its discretion, shall deem necessary to protect the interests of the United States, notwithstanding any countervailing interest of any foreign power which, or whose citizens, may have a direct or indirect interest in Owner Participant, and 1 Provision subject to change pursuant to FAA regulations regarding NCT. CT1001520_LA1_AAL_A320Family_EXECUTION LA1 – Trust Agreement [Trust Agreement ([Year] MSN [MSN])] any such action by Owner Trustee shall not be considered malfeasance or in breach of any obligation which Owner Trustee might otherwise have to Owner Participant; provided, however, that subject to the foregoing limitations, Owner Trustee shall exercise this its discretion in all matters arising under this Trust Agreement, including involving the ownership and operation of the Aircraft, Aircraft by Owner Trustee (a) with due regard for the interests of Owner Participant. In exercising any Participant and (b) in a manner not inconsistent with the provisions of its rights and duties under this Trust Agreement the Operative Documents; provided, further, that Owner Participant may confer with Owner Trustee and/or Owner Trustee may consult with Owner Participant in connection with such matters which may arise not relating to involving the ownership and operation of the AircraftAircraft (it being understood that any advice, opinion or suggestion obtained by Owner Trustee in the course of such conferring or consulting shall not be binding on Owner Trustee, but that Owner Trustee shall be permitted free to seek follow or disregard such advice, opinion or suggestion in the advice exercise of its discretion). In addition, Owner Participant before taking, or refraining from taking, any action with respect thereto. To the extent that may not remove Owner Trustee takes or any action or inaction in accordance with any written instruction and/or advice of successor Owner Participant given or in exercising its discretion under this Article XIITrustee appointed hereunder, such action or inaction shall not be deemed to be gross negligence or willful misconductexcept for cause. Owner Trustee shall agrees to promptly notify Owner Participant of its the exercise of rights and its duties under this Trust Agreement in connection with matters involving the ownership and operation of the Aircraft.][ftnt] [ftnt] Insert this paragraph as Section 12.01 in place of the current Section 12.01 if the Aircraft by Owner Participant is not a Citizen of the United States. UNQUOTETrustee.

Limitations on Control. Notwithstanding any other provision of this Trust Agreement, but subject to Sections 12.02 and 12.04paragraph (b) of this Section 6.13, Owner Participant the Trustor will not have no any rights or powers to direct, influence or control the Owner Trustee in the performance of the Owner Trustee’s 's duties under this Trust Agreement, including matters involving the ownership and operation of the Aircraft. Owner Trustee shall exercise its duties under this Trust Agreement in connection with matters involving the ownership and operation of the Aircraft, as Aircraft by the Owner Trustee. In all matters involving the ownership and operation of the Aircraft by the Owner Trustee, the Owner Trustee shall have absolute and complete discretion in connection therewith and shall be free of any kind of influence or control whatsoever by the Trustor, and the Owner Trustee shall exercise its duties under this Agreement in connection with matters involving the ownership and operation of the Aircraft by the Owner Trustee as it, in its discretion, shall deem necessary to protect the interests of the United States, notwithstanding any countervailing interest of any foreign power which, or whose citizens, may have a direct or indirect interest in Owner Participant, the Trustor and any such action by the Owner Trustee shall not be considered malfeasance or in breach of any obligation which the Owner Trustee might otherwise have to Owner Participantthe Trustor; provided, however, that subject to the foregoing limitations, the Owner Trustee shall exercise this discretion in all matters arising under this Trust Agreement, including involving the ownership and operation of the Aircraft, Aircraft by the Owner Trustee with due regard for the interests of Owner Participantthe Trustor. In exercising any of its rights and duties under this Trust Agreement in connection with matters which may arise not relating to the ownership and operation of the Aircraft, the Owner Trustee shall be permitted to seek the advice of Owner Participant the Trustor before taking, or refraining from taking, any action with respect thereto. To the extent that Owner Trustee takes any action or inaction in accordance with any written instruction and/or advice of Owner Participant given or in exercising its discretion under this Article XII, such action or inaction shall not be deemed to be gross negligence or willful misconduct. The Owner Trustee shall notify Owner Participant the Trustor of its exercise of rights and duties under this Trust Agreement in connection with matters involving the ownership and operation of the Aircraft.][ftnt] [ftnt] Insert this paragraph as Section 12.01 in place of the current Section 12.01 if Aircraft by the Owner Participant is not a Citizen of the United States. UNQUOTETrustee.

Limitations on Control. Notwithstanding any other provision of ---------------------- this Trust Agreement, but subject to Sections 12.02 and 12.04paragraph (b) of this Section 2.03, the Owner Participant will have no rights or powers to direct, influence or control the Owner Trustee in the performance of the Owner Trustee’s 's duties under this Trust Agreement, including Agreement in connection with matters involving the ownership and operation of the AircraftAircraft by the Owner Trustee. In all matters involving the ownership and operation of the Aircraft by the Owner Trustee, the Owner Trustee shall have absolute and complete discretion in connection therewith and shall be free of any kind of influence or control whatsoever by the Owner Participant, and the Owner Trustee shall exercise its duties under this Trust Agreement in connection with matters involving the ownership and operation of the Aircraft, Aircraft by the Owner Trustee as Owner Trusteeit, in its discretion, shall deem necessary to protect the interests of the United States, notwithstanding any countervailing interest of any foreign power which, or whose citizens, may have a direct or indirect interest in the Owner Participant, Participant and any such action by the Owner Trustee shall not be considered malfeasance or in breach of any obligation which the Owner Trustee might otherwise have to the Owner Participant; provided, however, -------- ------- that subject to the foregoing limitations, the Owner Trustee shall exercise this its discretion in all matters arising under this Trust Agreement, including involving the ownership and operation of the Aircraft, Aircraft by the Owner Trustee with due regard for the interests of the Owner Participant. In exercising any of its rights and duties under this Trust Agreement in connection with matters which may arise not relating to the ownership and operation of the Aircraft, the Owner Trustee shall be permitted to seek the advice of the Owner Participant before taking, or refraining from taking, any action with respect thereto. To the extent that Owner Trustee takes any action or inaction in accordance with any written instruction and/or advice of Owner Participant given or in exercising its discretion under this Article XII, such action or inaction shall not be deemed to be gross negligence or willful misconduct. The Owner Trustee shall notify the Owner Participant of its exercise of rights and duties under this Trust Agreement in connection with matters involving the ownership and operation of the Aircraft.][ftnt] [ftnt] Insert this paragraph as Section 12.01 in place of the current Section 12.01 if Aircraft by the Owner Participant is not a Citizen of the United States. UNQUOTETrustee.

Limitations on Control. (a) Notwithstanding any other provision of this Trust Agreement, but subject to Sections 12.02 and 12.04paragraph (b) of this Section 3.3, the Owner Participant will have no rights or powers to direct, influence or control the Owner Trustee in the performance of the Owner Trustee’s 's duties under this Trust Agreement, including Agreement in connection with matters involving the ownership and operation of the AircraftAircraft by the Owner Trustee. In all matters involving the ownership and operation of the Aircraft by the Owner Trustee, the Owner Trustee shall have absolute and complete discretion in connection therewith and shall be free of any kind of influence or control whatsoever by the Owner Participant, and the Owner Trustee shall exercise its duties under this Trust Agreement in connection with matters involving the ownership and operation of the Aircraft, Aircraft by the Owner Trustee as Owner Trusteeit, in its discretion, shall deem necessary to protect the interests of the United States, notwithstanding any countervailing interest of any foreign power which, or whose citizens, citizens may have a direct or indirect interest in the Owner Participant, Participant and any such action by the Owner Trustee shall not be considered malfeasance or in breach of any obligation which the Owner Trustee might otherwise have to the Owner Participant; providedPROVIDED, howeverHOWEVER, that subject to the foregoing limitations, the Owner Trustee shall exercise this its discretion in all matters arising under this Trust Agreement, including involving the ownership and operation of the Aircraft, Aircraft by the Owner Trustee with due regard for the interests of the Owner Participant. In exercising any of its rights and duties under this Trust Agreement in connection with matters which may arise not relating to the ownership and operation of the Aircraft, the Owner Trustee shall be permitted to seek the advice of the Owner Participant before taking, or refraining from taking, any action with respect thereto. To the extent that Owner Trustee takes any action or inaction in accordance with any written instruction and/or advice of Owner Participant given or in exercising its discretion under this Article XII, such action or inaction shall not be deemed to be gross negligence or willful misconduct. The Owner Trustee shall notify the Owner Participant of its exercise of rights and duties under this Trust Agreement in connection with matters involving the ownership and operation of the Aircraft.][ftnt] [ftnt] Insert this paragraph as Section 12.01 in place of the current Section 12.01 if Aircraft by the Owner Participant is not a Citizen of the United States. UNQUOTETrustee.

Limitations on Control. Notwithstanding any other provision of this Trust Agreement, but subject to Sections 12.02 and 12.04paragraph (b) of this Section 6.13, Owner Participant no Trustor will have no any rights or powers to direct, influence or control the Owner Trustee in the performance of the Owner Trustee’s 's duties under this Trust Agreement, including matters involving the ownership and operation of the Aircraft. Owner Trustee shall exercise its duties under this Trust Agreement in connection with matters involving the ownership and operation of the Aircraft, as Aircraft by the Owner Trustee. In all matters involving the ownership and operation of the Aircraft by the Owner Trustee, the Owner Trustee shall have absolute and complete discretion in connection therewith and shall be free of any kind of influence or control whatsoever by the Trustors, and the Owner Trustee shall exercise its duties under this Agreement in connection with matters involving the ownership and operation of the Aircraft by the Owner Trustee as it, in its discretion, shall deem necessary to protect the interests of the United States, notwithstanding any countervailing interest of any foreign power which, or whose citizens, may have a direct or indirect interest in Owner Participant, the Trustors and any such action by the Owner Trustee shall not be considered malfeasance or in breach of any obligation which the Owner Trustee might otherwise have to Owner Participantthe Trustors; provided, however, that subject to the foregoing limitations, the Owner Trustee shall exercise this discretion in all matters arising under this Trust Agreement, including involving the ownership and operation of the Aircraft, Aircraft by the Owner Trustee with due regard for the interests of Owner Participantthe Trustors. In exercising any of its rights and duties under this Trust Agreement in connection with matters which may arise not relating to the ownership and operation of the Aircraft, the Owner Trustee shall be permitted to seek the advice of Owner Participant the Trustors before taking, or refraining from taking, any action with respect thereto. To the extent that Owner Trustee takes any action or inaction in accordance with any written instruction and/or advice of Owner Participant given or in exercising its discretion under this Article XII, such action or inaction shall not be deemed to be gross negligence or willful misconduct. The Owner Trustee shall notify Owner Participant the Trustors of its exercise of rights and duties under this Trust Agreement in connection with matters involving the ownership and operation of the Aircraft.][ftnt] [ftnt] Insert this paragraph as Section 12.01 in place of the current Section 12.01 if Aircraft by the Owner Participant is not a Citizen of the United States. UNQUOTETrustee.

Limitations on Control. Notwithstanding any other provision of this Trust Agreement, but subject to Sections 12.02 and 12.04paragraph (b) of this Section 6.12, Owner Participant the Trustor will not have no any rights or powers to direct, influence or control the Owner Trustee in the performance of the Owner Trustee’s 's duties under this Trust Agreement, including matters involving the ownership and operation of the Aircraft. Owner Trustee shall exercise its duties under this Trust Agreement in connection with matters involving the ownership and operation of the Aircraft, as Aircraft by the Owner Trustee. In all matters involving the ownership and operation of the Aircraft by the Owner Trustee, the Owner Trustee shall have absolute and complete discretion in connection therewith and shall be free of any kind of influence or control whatsoever by the Trustor, and the Owner Trustee shall exercise its duties under this Agreement in connection with matters involving the ownership and operation of the Aircraft by the Owner Trustee as it, in its discretion, shall deem necessary to protect the interests of the United States, notwithstanding any countervailing interest of any foreign power which, or whose citizens, may have a direct or indirect interest in Owner Participant, the Trustor and any such action by the Owner Trustee shall not be considered malfeasance or in breach of any obligation which the Owner Trustee might otherwise have to Owner Participantthe Trustor; provided, however, that subject to the foregoing limitations, the Owner Trustee shall exercise this discretion in all matters arising under this Trust Agreement, including involving the ownership and operation of the Aircraft, Aircraft by the Owner Trustee with due regard for the interests of Owner Participantthe Trustor. In exercising any of its rights and duties under this Trust Agreement in connection with matters which may arise not relating to the ownership and operation of the Aircraft, the Owner Trustee shall be permitted to seek the advice of Owner Participant the Trustor before taking, or refraining from taking, any action with respect thereto. To the extent that Owner Trustee takes any action or inaction in accordance with any written instruction and/or advice of Owner Participant given or in exercising its discretion under this Article XII, such action or inaction shall not be deemed to be gross negligence or willful misconduct. The Owner Trustee shall notify Owner Participant the Trustor of its exercise of rights and duties under this Trust Agreement in connection with matters involving the ownership and operation of the Aircraft.][ftnt] [ftnt] Insert this paragraph as Section 12.01 in place of the current Section 12.01 if Aircraft by the Owner Participant is not a Citizen of the United States. UNQUOTETrustee.