Common use of Maintenance and Operation Clause in Contracts

Maintenance and Operation. The Lessee, at its own cost and expense, will at all times during the Term: (i) cause the Aircraft to be in compliance with all CAA regulations applicable to XxXxxxxxx Xxxxxxx MD 82 aircraft, certificated for interstate and overseas operation under Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction, as the case may be, and to be and remain duly registered with the CAA in accordance with the Act in the name of the Lessor as owner; (ii) maintain, operate, service, repair, overhaul and test the Airframe and each Engine (including but not limited to all program monitoring, program reliability and program reporting requirements under the Approved Maintenance Program and the Act), so as to keep the same in as good operating condition as when originally leased hereunder, ordinary wear and tear excepted, in the same manner and with the same care as used by the Lessee with similar aircraft operated by the Lessee, and in such condition as may be necessary to enable the airworthiness certificate of the Aircraft to be maintained in good standing at all times under the Act, Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction as the case may be, and in accordance with all manufacturers' mandatory service bulletins with respect thereto, (iii) maintain all records, logs, manuals, manufacturer's service bulletins, CAA and FAA airworthiness directives, engineering and modification orders, and other Records and data required by Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction as the case may be, to be maintained in respect of the Airframe and each Engine; (iv) perform all obligations required to be performed by it under the terms of all applicable warranties, service life policies and patent indemnities of the manufacturer or supplier of the Aircraft or any Part thereof, in respect of the Aircraft or any part thereof. The Lessee shall comply with all (i) applicable requirements of Finnish Applicable Law or such other Applicable Law of such Applicable Jurisdiction, as the case may be, and all other applicable environmental, noise, air pollution and other similar standards of Finland or such other Applicable Jurisdiction, as the case may be, and the International Civil Aviation Organization in effect from time to time to the extent that such standards are required to be complied with (without regard to any exemption waiving or delaying compliance therewith applicable solely to the Lessee's use of the Aircraft but not applicable or available generally to any one or more other European operators) and (ii) the Lessee, at its own expense, forthwith upon the delivery thereof hereunder, shall cause the Aircraft to be duly registered (provided the Lessor or its designee is eligible to be the registered owner of the Aircraft) and at all times thereafter to remain duly registered in compliance (provided the Lessor or its designee is eligible to be the registered owner of the Aircraft) with all Finnish registration and airworthiness requirements or those of any other Applicable Jurisdiction, as the case may be. The Lessee agrees that the Airframe and each Engine will not be maintained, serviced, repaired, overhauled, tested, used or operated: (A) in violation of any law or any rule, regulation or order of any government or governmental authority having jurisdiction (domestic or foreign) or other Applicable Law or in violation of the airworthiness certificates of the Aircraft; (B) in any area excluded from coverage by, or in any manner or for any purpose inconsistent with the terms of, any insurance required by the terms of Section 11 hereof; or (C) in any recognized or threatened area of hostilities unless fully covered to the Lessor's satisfaction by war risk insurance.

Appears in 2 contracts

Samples: Operating Lease Agreement (American Income Fund I-E), Lease Agreement (American Income Fund I-E)

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Maintenance and Operation. The Lessee, at its own cost and expense, will at all times during until the Term: expiration or earlier termination of this Lease, (i) will be a "citizen of the United States" as defined in Section 40102(15) of Title 49 of the United States Code and will be an air carrier certificated under Sections 401 and 609 of the Federal Aviation Act and hold all necessary air carrier operating certificates; (ii) will cause ownership of the Aircraft to be in compliance with all CAA regulations applicable to XxXxxxxxx Xxxxxxx MD 82 aircraft, certificated for interstate and overseas operation under Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction, as the case may be, and to be duly registered and remain duly registered with the CAA in accordance with the Act FAA in the name of the Lessor in accordance with the Federal Aviation Act and otherwise registered under all applicable laws of the United States so as ownerto be eligible to operate in commercial air service under the Federal Aviation Act; and (iiiii) maintain, operate, will service, repair, inspect, test, maintain and overhaul the Airframe and test each Engine, install replacement equipment and parts on the Airframe and each Engine and maintain the Technical Records (including but not limited A) so as to keep the Airframe and each Engine in such operating condition as may be required to permit the Airframe and each Engine to be utilized in commercial operations in the United States, (B) so as to enable the airworthiness certification of the Airframe to be maintained in good standing at all program monitoring, program reliability and program reporting requirements times under the Approved Maintenance Program Federal Aviation Act, except when aircraft of the same type, model or series as the Airframe (powered by engines of the same type as those with which the Airframe shall be equipped at the time of grounding) registered in the United States have been grounded by the FAA; provided, however, that if, following its issuance, the United States FAA airworthiness certificate of the Aircraft shall be withdrawn, then, subject to the provisions of Section 13 hereof, so long as the Lessee is diligently taking or causing to be taken all necessary action promptly to correct the condition that caused such withdrawal, no Lease Event of Default shall arise from such withdrawal, (C) in accordance with the Lessee's FAA-approved maintenance, inspection and maintenance control programs, and in the Act), same manner and with the same care used by the Lessee with respect to the same or similar aircraft and engines owned or operated by the Lessee so as to keep the same in as good operating condition as when originally leased hereunder, ordinary wear and tear excepted, which practices shall at all times be at or above the standard of the industry in the same manner and with the same care as used by the Lessee with United States for prudent maintenance of similar aircraft operated by the Lesseeequipment, and (D) in such condition manner as may be necessary to maintain in full force all warranties of the manufacturers thereof, and (E) to enable the airworthiness certificate of Lessee to deliver the Aircraft to be maintained in good standing at all times under the Act, Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction as the case may be, and Lessor in accordance with all manufacturers' mandatory service bulletins with respect thereto, (iii) Section 8. The Lessee shall maintain all records, logs, manuals, manufacturer's service bulletins, CAA and FAA airworthiness directives, engineering and modification orders, logs and other Records and data required by Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction as the case materials that may be, to be maintained in respect of the Airframe and each Engine; (iv) perform all obligations required to be performed by it under the terms of all applicable warranties, service life policies and patent indemnities of the manufacturer or supplier of the Aircraft or any Part thereof, in respect of the Aircraft or any part thereof. The Lessee shall comply with all (i) applicable requirements of Finnish Applicable Law or such other Applicable Law of such Applicable Jurisdiction, as the case may be, and all other applicable environmental, noise, air pollution and other similar standards of Finland or such other Applicable Jurisdiction, as the case may be, and the International Civil Aviation Organization in effect from time to time to the extent that such standards are required to be complied with (without regard to any exemption waiving or delaying compliance therewith applicable solely to the Lessee's use of the Aircraft but not applicable or available generally to any one or more other European operators) and (ii) the Lessee, at its own expense, forthwith upon the delivery thereof hereunder, shall cause the Aircraft to be duly registered (provided the Lessor or its designee is eligible to be the registered owner of the Aircraft) and at all times thereafter to remain duly registered in compliance (provided the Lessor or its designee is eligible to be the registered owner of the Aircraft) with all Finnish registration and airworthiness requirements or those of any other Applicable Jurisdiction, as the case may be. The Lessee agrees that permit the Airframe and each Engine to be so utilized. The Lessee will not comply in all material respects with all airworthiness directives, mandatory notes or modifications or similar requirements affecting the same (including those issued by the manufacturer or supplier) in such condition so as to comply with this Lease and the rules and regulations of the FAA from time to time in force and applicable to the Aircraft and Engines. Neither the Airframe nor any Engine will be maintained, serviced, repaired, overhauled, tested, used or operated: (A) operated in violation of any law or any rule, regulation or order of any government or governmental authority having jurisdiction (domestic or foreign) or other Applicable Law ), or in violation of any airworthiness certificate, license or registration relating to the airworthiness certificates Airframe or such Engine issued by any such authority, and in the event that such laws, rules, regulations or orders require alteration of the Aircraft; Airframe or any Engine, the Lessee, at its own cost and expense, will conform thereto or obtain conformance therewith and will maintain the same in proper operating condition under such laws, rules, regulations and orders, provided, however, that the Lessee may, in good faith (Bafter having delivered to the Lessor and the Agent an Officers' Certificate stating the facts with respect thereto), contest the validity or application of any such law, rule, regulation or order in any reasonable manner that does not, in the Lessor's and the Agent's opinion (in their sole discretion), adversely affect the interests of the Lessor, the Agent or any Lender. The Lessee covenants and agrees with the Lessor that, the better to ensure the availability of the benefits of Section 1110 of the Bankruptcy Code, the Lessee shall not object to any motion, petition or application filed by the Lessor with any bankruptcy court having jurisdiction over the Lessee, solely as to the portion thereof that seeks, and to the extent that such motion, petition or application seeks, a determination that such Section 1110 of the Bankruptcy Code applies to the lease of the Aircraft hereunder. In the event that Section 1110 is amended, or if it is repealed and another statute is enacted in lieu thereof, the Lessor and the Lessee (at the Lessee's expense) agree to amend this Lease and take such other action not inconsistent with this Lease as the Lessor reasonably deems necessary so as to afford to the Lessor the rights and benefits as such amended or substituted statute confers upon owners, lessors and conditional vendors of aircraft similarly situated to the Lessor. The Lessee will not operate, use or locate the Airframe or any Engine, (I) in any area in which any insurance required to be maintained pursuant to Section 14 shall not be at the time in full force and effect, or in any area excluded from coverage byby an insurance policy in effect with respect to the Airframe or such Engine, except in the case of a requisition for use by the United States of America, and then only if the Lessee obtains indemnity in lieu of such insurance from the United States of America against the risks and in the amounts required by said Section covering such area, or in any manner or for any purpose inconsistent with the terms of, any insurance required by the terms of Section 11 hereof; or (CII) in any recognized or threatened area of hostilities unless fully covered the Airframe or such Engine is operated or used under contract with the Government of the United States of America under which contract that Government assumes liabilities for any damages, loss, destruction or failure to return possession of the Lessor's satisfaction by war risk Airframe or such Engine at the end of the term of such contract and for injury to persons or damage to property of others. The Lessee shall not use the Aircraft nor suffer it to be used in any manner or for any purpose excepted from any of the insurance on or in respect of the Aircraft or for the purpose of carriage of goods of any description excepted from such insurance nor do, or permit to be done, anything which, or omit to do anything the omission of which, may invalidate any of such insurance.

Appears in 2 contracts

Samples: Lease Agreement (Atlas Air Worldwide Holdings Inc), Lease Agreement (Atlas Air Worldwide Holdings Inc)

Maintenance and Operation. The Lessee, at its own cost and expense, will at all times during the Term: (i) will be a "citizen of the United States" as defined in Section 40102(15) of Title 49 of the United States Code and will be an air carrier certificated under Sections 401 and 609 of the Act and hold all necessary air carrier operating certificates; (ii) will cause ownership of the Aircraft and Spare Engines to be in compliance with all CAA regulations applicable to XxXxxxxxx Xxxxxxx MD 82 aircraft, certificated for interstate and overseas operation under Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction, as the case may be, and to be duly registered and remain duly registered with in the CAA name of Lessor in accordance with the Act in the name and otherwise registered under all applicable laws of the Lessor United States so as ownerto be eligible to operate in commercial air service under the Act; and (iiiii) maintain, operate, will service, repair, inspect, test, maintain and overhaul the Airframe, each Engine and test each Spare Engine and install replacement equipment and parts on the Airframe, each Engine and each Spare Engine (A) so as to keep the Airframe, each Engine and each Spare Engine in such operating condition as may be required to permit the Airframe, each Engine and each Spare Engine to be utilized in commercial operations, (B) so as to enable the airworthiness certification of the Airframe and each Engine (including but not limited to be maintained in good standing at all program monitoring, program reliability and program reporting requirements times under the Approved Maintenance Program Act, except when aircraft of the same type, model or series as the Airframe (powered by engines of the same type as those with which the Airframe shall be equipped at the time of grounding) registered in the United States have been grounded by the FAA; provided, however, that if following its issuance, the United States FAA airworthiness certificate of the Aircraft shall be withdrawn, then subject to the provisions of Section 13 hereof, so long as Lessee is diligently taking or causing to be taken all necessary action to promptly correct the condition which caused such withdrawal, no Lease Event of Default shall arise from such withdrawal, (C) in accordance with Lessee's FAA-approved maintenance, inspection and maintenance control programs, and in the Act), same manner and with the same care used by Lessee with respect to the same or similar aircraft and engines owned or operated by Lessee so as to keep the same in as good operating condition as when originally leased hereunder, ordinary wear and tear excepted, which practices shall at all times be at or above the standard of the industry in the same manner and with the same care as used by the Lessee with United States for prudent maintenance of similar aircraft operated by the Lesseeequipment, and (D) in such condition manner as may be necessary to enable the airworthiness certificate maintain in full force all warranties of the Aircraft to be maintained in good standing at all times under the Act, Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction as the case may be, and in accordance with all manufacturers' mandatory service bulletins with respect thereto, (iii) manufacturers thereof. Lessee shall maintain all records, logslogs and other materials which may be required to permit the Airframe, manuals, manufacturer's service bulletins, CAA each Engine and FAA each Spare Engine to be so utilized. Lessee will comply in all material respects with all airworthiness directives, engineering and modification orders, and other Records and data required mandatory notes or modifications or similar requirements affecting the same (including those issued by Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction as the case may be, to be maintained in respect of the Airframe and each Engine; (iv) perform all obligations required to be performed by it under the terms of all applicable warranties, service life policies and patent indemnities of the manufacturer or supplier supplier) in such condition so as to comply with this Lease and the rules and regulations of the Aircraft or any Part thereof, in respect of the Aircraft or any part thereof. The Lessee shall comply with all (i) applicable requirements of Finnish Applicable Law or such other Applicable Law of such Applicable Jurisdiction, as the case may be, and all other applicable environmental, noise, air pollution and other similar standards of Finland or such other Applicable Jurisdiction, as the case may be, and the International Civil Aviation Organization in effect FAA from time to time in force and applicable to the extent that such standards are required to be complied with (without regard to any exemption waiving or delaying compliance therewith applicable solely to the Lessee's use of the Aircraft but not applicable or available generally to any one or more other European operators) Aircraft, Engines and (ii) the Lessee, at its own expense, forthwith upon the delivery thereof hereunder, shall cause the Aircraft to be duly registered (provided the Lessor or its designee is eligible to be the registered owner of the Aircraft) and at all times thereafter to remain duly registered in compliance (provided the Lessor or its designee is eligible to be the registered owner of the Aircraft) with all Finnish registration and airworthiness requirements or those of any other Applicable Jurisdiction, as the case may beSpare Engines. The Lessee agrees that Neither the Airframe and each nor any Engine nor any Spare Engine will not be maintained, serviced, repaired, overhauled, tested, used or operated: (A) operated in violation of any 62 law or any rule, regulation or order of any government or governmental authority having jurisdiction (domestic or foreign) or other Applicable Law ), or in violation of any airworthiness certificate, license or registration relating to the airworthiness certificates Airframe or such Engine or Spare Engine issued by any such authority, and in the event that such laws, rules, regulations or orders require alteration of the Aircraft; Airframe or any Engine or Spare Engine, Lessee, at its own cost and expense, will conform thereto or obtain conformance therewith and will maintain the same in proper operating condition under such laws, rules, regulations and orders, provided, however, that Lessee may, in good faith (Bafter having delivered to Lessor and Agent an Officers' Certificate stating the facts with respect thereto), contest the validity or application of any such law, rule, regulation or order in any reasonable manner which does not, in Lessor's and Agent's opinion (in their sole discretion), adversely affect the interests of Lessor, Agent or any Lender. Lessee will not operate, use or locate the Airframe or any Engine or Spare Engine, (I) in any area in which any insurance required to be maintained pursuant to Section 14 shall not be at the time in full force and effect, or in any area excluded from coverage byby an insurance policy in effect with respect to the Airframe or such Engine or Spare Engine, except in the case of a requisition for use by the United States of America, and then only if Lessee obtains indemnity in lieu of such insurance from the United States of America against the risks and in the amounts required by said Section covering such area, or in any manner or for any purpose inconsistent with the terms of, any insurance required by the terms of Section 11 hereof; or (CII) in any recognized or threatened area of hostilities unless fully covered the Airframe or such Engine or Spare Engine is operated or used under contract with the Government of the United States of America under which contract that Government assumes liabilities for any damages, loss, destruction or failure to return possession of the Lessor's satisfaction by war risk Airframe or such Engine or Spare Engine at the end of the term of such contract and for injury to persons or damage to property of others. Lessee shall not use the Aircraft or any Spare Engine nor suffer it to be used in any manner or for any purpose excepted from any of the insurance on or in respect of the Aircraft or Spare Engine or for the purpose of carriage of goods of any description excepted from such insurance nor do, or permit to be done, anything which, or omit to do anything the omission of which, may invalidate any of such insurance.

Appears in 2 contracts

Samples: Lease Agreement (Atlas Air Inc), Lease Agreement (Atlas Air Inc)

Maintenance and Operation. The Lessee, at its own cost and expense, will at all times during the Term: (i) will be a "citizen of the United States" as defined in Section 40102(15) of Title 49 of the United States Code and will be an air carrier certificated under Sections 401 and 609 of the Act and hold all necessary air carrier operating certificates; (ii) will cause ownership of the Aircraft and Spare Engines to be in compliance with all CAA regulations applicable to XxXxxxxxx Xxxxxxx MD 82 aircraft, certificated for interstate and overseas operation under Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction, as the case may be, and to be duly registered and remain duly registered with in the CAA name of Lessor in accordance with the Act in the name and otherwise registered under all applicable laws of the Lessor United States so as ownerto be eligible to operate in commercial air service under the Act; and (iiiii) maintain, operate, will service, repair, inspect, test, maintain and overhaul the Airframe, each Engine and test each Spare Engine and install replacement equipment and parts on the Airframe, each Engine and each Spare Engine (A) so as to keep the Airframe, each Engine and each Spare Engine in such operating condition as may be required to permit the Airframe, each Engine and each Spare Engine to be utilized in commercial operations, (B) so as to enable the airworthiness certification of the Airframe and each Engine (including but not limited to be maintained in good standing at all program monitoring, program reliability and program reporting requirements times under the Approved Maintenance Program Act, except when aircraft of the same type, model or series as the Airframe (powered by engines of the same type as those with which the Airframe shall be equipped at the time of grounding) registered in the United States have been grounded by the FAA; provided, however, that if following its issuance, the United States FAA airworthiness certificate of the Aircraft shall be withdrawn, then subject to the provisions of Section 13 hereof, so long as Lessee is diligently taking or causing to be taken all necessary action to promptly correct the condition which caused such withdrawal, no Lease Event of Default shall arise from such withdrawal, (C) in accordance with Lessee's FAA-approved maintenance, inspection and maintenance control programs, and in the Act), same manner and with the same care used by Lessee with respect to the same or similar aircraft and engines owned or operated by Lessee so as to keep the same in as good operating condition as when originally leased hereunder, ordinary wear and tear excepted, which practices shall at all times be at or above the standard of the industry in the same manner and with the same care as used by the Lessee with United States for prudent maintenance of similar aircraft operated by the Lesseeequipment, and (D) in such condition manner as may be necessary to enable the airworthiness certificate maintain in full force all warranties of the Aircraft to be maintained in good standing at all times under the Act, Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction as the case may be, and in accordance with all manufacturers' mandatory service bulletins with respect thereto, (iii) manufacturers thereof. Lessee shall maintain all records, logslogs and other materials which may be required to permit the Airframe, manuals, manufacturer's service bulletins, CAA each Engine and FAA each Spare Engine to be so utilized. Lessee will comply in all material respects with all airworthiness directives, engineering and modification orders, and other Records and data required mandatory notes or modifications or similar requirements affecting the same (including those issued by Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction as the case may be, to be maintained in respect of the Airframe and each Engine; (iv) perform all obligations required to be performed by it under the terms of all applicable warranties, service life policies and patent indemnities of the manufacturer or supplier supplier) in such condition so as to comply with this Lease and the rules and regulations of the Aircraft or any Part thereof, in respect of the Aircraft or any part thereof. The Lessee shall comply with all (i) applicable requirements of Finnish Applicable Law or such other Applicable Law of such Applicable Jurisdiction, as the case may be, and all other applicable environmental, noise, air pollution and other similar standards of Finland or such other Applicable Jurisdiction, as the case may be, and the International Civil Aviation Organization in effect FAA from time to time in force and applicable to the extent that such standards are required to be complied with (without regard to any exemption waiving or delaying compliance therewith applicable solely to the Lessee's use of the Aircraft but not applicable or available generally to any one or more other European operators) Aircraft, Engines and (ii) the Lessee, at its own expense, forthwith upon the delivery thereof hereunder, shall cause the Aircraft to be duly registered (provided the Lessor or its designee is eligible to be the registered owner of the Aircraft) and at all times thereafter to remain duly registered in compliance (provided the Lessor or its designee is eligible to be the registered owner of the Aircraft) with all Finnish registration and airworthiness requirements or those of any other Applicable Jurisdiction, as the case may beSpare Engines. The Lessee agrees that Neither the Airframe and each nor any Engine nor any Spare Engine will not be maintained, serviced, repaired, overhauled, tested, used or operated: (A) operated in violation of any law or any rule, regulation or order of any government or governmental authority having jurisdiction (domestic or foreign) or other Applicable Law ), or in violation of any airworthiness certificate, license or registration relating to the airworthiness certificates Airframe or such Engine or Spare Engine issued by any such authority, and in the event that such laws, rules, regulations or orders require alteration of the Aircraft; Airframe or any Engine or Spare Engine, Lessee, at its own cost and expense, will conform thereto or obtain conformance therewith and will maintain the same in proper operating condition under such laws, rules, regulations and orders, provided, however, that Lessee may, in good faith (Bafter having delivered to Lessor and Agent an Officers' Certificate stating the facts with respect thereto), contest the validity or application of any such law, rule, regulation or order in any reasonable manner which does not, in Lessor's and Agent's opinion (in their sole discretion), adversely affect the interests of Lessor, Agent or any Lender. Lessee will not operate, use or locate the Airframe or any Engine or Spare Engine, (I) in any area in which any insurance required to be maintained pursuant to Section 14 shall not be at the time in full force and effect, or in any area excluded from coverage byby an insurance policy in effect with respect to the Airframe or such Engine or Spare Engine, except in the case of a requisition for use by the United States of America, and then only if Lessee obtains indemnity in lieu of such insurance from the United States of America against the risks and in the amounts required by said Section covering such area, or in any manner or for any purpose inconsistent with the terms of, any insurance required by the terms of Section 11 hereof; or (CII) in any recognized or threatened area of hostilities unless fully covered the Airframe or such Engine or Spare Engine is operated or used under contract with the Government of the United States of America under which contract that Government assumes liabilities for any damages, loss, destruction or failure to return possession of the Lessor's satisfaction by war risk Airframe or such Engine or Spare Engine at the end of the term of such contract and for injury to persons or damage to property of others. Lessee shall not use the Aircraft or any Spare Engine nor suffer it to be used in any manner or for any purpose excepted from any of the insurance on or in respect of the Aircraft or Spare Engine or for the purpose of carriage of goods of any description excepted from such insurance nor do, or permit to be done, anything which, or omit to do anything the omission of which, may invalidate any of such insurance.

Appears in 1 contract

Samples: Lease Agreement (Atlas Air Inc)

Maintenance and Operation. The LesseeExcept as set forth in the next succeeding sentence, at its own cost and expense, will at all times during the Term: Lessee shall (i) cause the Aircraft to be in compliance with all CAA regulations applicable to XxXxxxxxx Xxxxxxx MD 82 aircraft, certificated for interstate and overseas operation under Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction, as the case may be, and to be and remain duly registered with the CAA in accordance with the Act in the name of the Lessor as owner; (ii) maintain, operateinspect, service, repair, overhaul and test the Airframe and each Engine in accordance with (a) all required procedures under any maintenance manuals initially furnished with the Aircraft, including but any subsequent amendments or supplements to such manuals issued by the Airframe Manufacturer or Engine Manufacturer from time to time, (b) all mandatory "Service Bulletins" and "Aircraft Modification Kits" issued, supplied, or available by or through the Airframe Manufacturer and/or the Engine Manufacturer with respect to the Aircraft, and (c) all "airworthiness alerts" and Airworthiness Directives issued by the Federal Aviation Administration or similar regulatory agency having jurisdictional authority, and whenever possible causing compliance to such Directives to be completed through corrective modification in lieu of operating manual restrictions; (ii) maintain all records, logs and other materials required by the Federal Aviation Administration to be maintained in respect of the avionics, Airframe and each Engine or by the Airframe Manufacturer or Engine Manufacturer for enforcement of any warranties; (iii) with due diligence after written request, furnish to Lessor such information as may be required to enable Lessor to timely file any reports required by any governmental authority as a result of Lessor's ownership of the Aircraft; and (iv) not limited to all program monitoringchange the Aircraft's primary hangar location without the consent of Lessor, program reliability which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Lessor shall be responsible for the costs and program reporting requirements under expenses of the Approved Hot Section Inspection and 3,000 Hours Time Between Overhaul, as such terms are defined in the Cessna Maintenance Program Manual. Lessee shall not remove the Aircraft from the Continental United States, or from the base indicated for a period in excess of thirty (30) days, without the express, prior written consent of Lessor. All maintenance procedures required by Section 9.1(i) shall be undertaken and the Act)completed in accordance with Airframe Manufacturer's or Engine Manufacturer's required procedures, and only by properly trained, licensed, and certificated maintenance sources and maintenance personnel, so as to keep the same Airframe and each Engine in as good operating condition as when originally leased delivered to Lessee hereunder, ordinary wear and tear excepted, in and so as to keep the same manner and with the same care as used by the Lessee with similar aircraft operated by the Lessee, and Aircraft in such operating condition as may be necessary to enable the airworthiness certificate certification of the such Aircraft to be maintained in good standing at all times under the Federal Aviation Act. Lessee further agrees that it shall comply with the Engine Manufacturer's maintenance service program currently in force (a certified copy of which has been provided to Lessor), Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction as an equivalent maintenance program authorized in writing by Lessor, for the case may be, and in accordance with all manufacturers' mandatory service bulletins with respect thereto, (iii) maintain all records, logs, manuals, manufacturer's service bulletins, CAA and FAA airworthiness directives, engineering and modification orders, and other Records and data required by Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction as the case may be, to be maintained in respect full term of the Airframe Lease and each Engine; (iv) perform shall take all obligations required to be performed by it steps necessary under the terms of all applicable warranties, thereof to keep such maintenance service life policies and patent indemnities of the manufacturer or supplier of the Aircraft or any Part thereof, in respect of the Aircraft or any part thereof. The Lessee shall comply with all (i) applicable requirements of Finnish Applicable Law or such other Applicable Law of such Applicable Jurisdiction, as the case may be, and all other applicable environmental, noise, air pollution and other similar standards of Finland or such other Applicable Jurisdiction, as the case may be, and the International Civil Aviation Organization program in effect from time to time with respect to the extent that such standards are required to be complied with (without regard to any exemption waiving or delaying compliance therewith applicable solely to the Lessee's use of the Aircraft but not applicable or available generally to any one or more other European operators) and (ii) the Lessee, at its own expense, forthwith upon the delivery thereof hereunder, shall cause the Aircraft to be duly registered (provided the Lessor or its designee is eligible to be the registered owner of the Aircraft) and at all times thereafter to remain duly registered in compliance (provided the Lessor or its designee is eligible to be the registered owner of the Aircraft) with all Finnish registration and airworthiness requirements or those of any other Applicable Jurisdiction, as the case may be. The Lessee agrees that the Airframe and each Engine will not be maintained, serviced, repaired, overhauled, tested, used or operated: (A) in violation of any law or any rule, regulation or order of any government or governmental authority having jurisdiction (domestic or foreign) or other Applicable Law or in violation of the airworthiness certificates of the Aircraft; (B) in any area excluded from coverage by, or in any manner or for any purpose inconsistent with the terms of, any insurance required by the terms of Section 11 hereof; or (C) in any recognized or threatened area of hostilities unless fully covered to the Lessor's satisfaction by war risk insuranceEngines.

Appears in 1 contract

Samples: Aircraft Lease (MPW Industrial Services Group Inc)

Maintenance and Operation. The Lessee, at its own cost and expense, will at all times during until the Term: expiration or earlier termination of this Lease, (i) will be a "citizen of the United States" as defined in Section 40102(15) of Title 49 of the United States Code and will be an air carrier certificated under Sections 401 and 609 of the Federal Aviation Act and hold all necessary air carrier operating certificates; (ii) will cause ownership of the Aircraft to be in compliance with all CAA regulations applicable to XxXxxxxxx Xxxxxxx MD 82 aircraft, certificated for interstate and overseas operation under Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction, as the case may be, and to be duly registered and remain duly registered with the CAA in accordance with the Act FAA in the name of the Lessor in accordance with the Federal Aviation Act and otherwise registered under all applicable laws of the United States so as ownerto be eligible to operate in commercial air service under the Federal Aviation Act; and (iiiii) maintain, operate, will service, repair, inspect, test, maintain and overhaul the Airframe and test each Engine, install replacement equipment and parts on the Airframe and each Engine and maintain the Technical Records (including but not limited A) so as to keep the Airframe and each Engine in such operating condition as may be required to permit the Airframe and each Engine to be utilized in commercial operations in the United States, (B) so as to enable the airworthiness certification of the Airframe to be maintained in good standing at all program monitoring, program reliability and program reporting requirements times under the Approved Maintenance Program Federal Aviation Act, except when aircraft of the same type, model or series as the Airframe (powered by engines of the same type as those with which the Airframe shall be equipped at the time of grounding) registered in the United States have been grounded by the FAA; provided, however, that if, following its issuance, the United States FAA airworthiness certificate of the Aircraft shall be withdrawn, then, subject to the provisions of Section 13 hereof, so long as the Lessee is diligently taking or causing to be taken all necessary action promptly to correct the condition that caused such withdrawal, no Lease Event of Default shall arise from such withdrawal, (C) in accordance with the Lessee's FAA-approved maintenance, inspection and maintenance control programs, and in the Act), same manner and with the same care used by the Lessee with respect to the same or similar aircraft and engines owned or operated by the Lessee so as to keep the same in as good operating condition as when originally leased hereunder, ordinary wear and tear excepted, which practices shall at all times be at or above the standard of the industry in the same manner and with the same care as used by the Lessee with United States for prudent maintenance of similar aircraft operated by the Lesseeequipment, and (D) in such condition manner as may be necessary to maintain in full force all warranties of the manufacturers thereof, and (E) to enable the airworthiness certificate of Lessee to deliver the Aircraft to be maintained in good standing at all times under the Act, Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction as the case may be, and Lessor in accordance with all manufacturers' mandatory service bulletins with respect thereto, (iii) Section 8. The Lessee shall maintain all records, logs, manuals, manufacturer's service bulletins, CAA and FAA airworthiness directives, engineering and modification orders, logs and other Records and data required by Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction as the case materials that may be, to be maintained in respect of the Airframe and each Engine; (iv) perform all obligations required to be performed by it under the terms of all applicable warranties, service life policies and patent indemnities of the manufacturer or supplier of the Aircraft or any Part thereof, in respect of the Aircraft or any part thereof. The Lessee shall comply with all (i) applicable requirements of Finnish Applicable Law or such other Applicable Law of such Applicable Jurisdiction, as the case may be, and all other applicable environmental, noise, air pollution and other similar standards of Finland or such other Applicable Jurisdiction, as the case may be, and the International Civil Aviation Organization in effect from time to time to the extent that such standards are required to be complied with (without regard to any exemption waiving or delaying compliance therewith applicable solely to the Lessee's use of the Aircraft but not applicable or available generally to any one or more other European operators) and (ii) the Lessee, at its own expense, forthwith upon the delivery thereof hereunder, shall cause the Aircraft to be duly registered (provided the Lessor or its designee is eligible to be the registered owner of the Aircraft) and at all times thereafter to remain duly registered in compliance (provided the Lessor or its designee is eligible to be the registered owner of the Aircraft) with all Finnish registration and airworthiness requirements or those of any other Applicable Jurisdiction, as the case may be. The Lessee agrees that permit the Airframe and each Engine to be so utilized. The Lessee will not comply in all material respects with all airworthiness directives, mandatory notes or modifications or similar requirements affecting the same (including those issued by the manufacturer or supplier) in such condition so as to comply with this Lease and the rules and regulations of the FAA from time to time in force and applicable to the Aircraft and Engines. Neither the Airframe nor any Engine will be maintained, serviced, repaired, overhauled, tested, used or operated: (A) operated in violation of any law or any rule, regulation or order of any government or governmental authority having jurisdiction (domestic or foreign) or other Applicable Law ), or in violation of any airworthi- ness certificate, license or registration relating to the airworthiness certificates Airframe or such Engine issued by any such authority, and in the event that such laws, rules, regulations or orders require alteration of the Aircraft; Airframe or any Engine, the Lessee, at its own cost and expense, will conform thereto or obtain conformance therewith and will maintain the same in proper operating condition under such laws, rules, regulations and orders, provided, however, that the Lessee may, in good faith (Bafter having delivered to the Lessor and the Agent an Officers' Certificate stating the facts with respect thereto), contest the validity or application of any such law, rule, regulation or order in any reasonable manner that does not, in the Lessor's and the Agent's opinion (in their sole discretion), adversely affect the interests of the Lessor, the Agent or any Lender. The Lessee covenants and agrees with the Lessor that, the better to ensure the availability of the benefits of Section 1110 of the Bankruptcy Code, the Lessee shall not object to any motion, petition or application filed by the Lessor with any bankruptcy court having jurisdiction over the Lessee, solely as to the portion thereof that seeks, and to the extent that such motion, petition or application seeks, a determination that such Section 1110 of the Bankruptcy Code applies to the lease of the Aircraft hereunder. In the event that Section 1110 is amended, or if it is repealed and another statute is enacted in lieu thereof, the Lessor and the Lessee (at the Lessee's expense) agree to amend this Lease and take such other action not inconsistent with this Lease as the Lessor reasonably deems necessary so as to afford to the Lessor the rights and benefits as such amended or substituted statute confers upon owners, lessors and conditional vendors of aircraft similarly situated to the Lessor. The Lessee will not operate, use or locate the Airframe or any Engine, (I) in any area in which any insurance required to be maintained pursuant to Section 14 shall not be at the time in full force and effect, or in any area excluded from coverage byby an insurance policy in effect with respect to the Airframe or such Engine, except in the case of a requisition for use by the United States of America, and then only if the Lessee obtains indemnity in lieu of such insurance from the United States of America against the risks and in the amounts required by said Section covering such area, or in any manner or for any purpose inconsistent with the terms of, any insurance required by the terms of Section 11 hereof; or (CII) in any recognized or threatened area of hostilities unless fully covered the Airframe or such Engine is operated or used under contract with the Government of the United States of America under which contract that Government assumes liabilities for any damages, loss, destruction or failure to return possession of the Lessor's satisfaction by war risk Airframe or such Engine at the end of the term of such contract and for injury to persons or damage to property of others. The Lessee shall not use the Aircraft nor suffer it to be used in any manner or for any purpose excepted from any of the insurance on or in respect of the Aircraft or for the purpose of carriage of goods of any description excepted from such insurance nor do, or permit to be done, anything which, or omit to do anything the omission of which, may invalidate any of such insurance.

Appears in 1 contract

Samples: Lease Agreement (Atlas Air Inc)

Maintenance and Operation. The During the Term, Lessee, at its own cost and expense, will at all times during the Term: shall (i) cause the Aircraft to be in compliance with all CAA regulations applicable to XxXxxxxxx Xxxxxxx MD 82 aircraft, certificated for interstate and overseas operation under Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction, as the case may be, and to be and remain duly registered with the CAA in accordance with the Act in the name of the Lessor as owner; (ii) maintain, operateinspect, service, repair, overhaul and test the Airframe and each Engine in accordance with FAA approved and Manufacturer’s recommended maintenance programs; (including but not limited ii) maintain (in the English language) all Records and (iii) promptly furnish to Lessor such information as may be required to enable Lessor to file any reports required by any governmental authority as a result of Lessor’s ownership of the Aircraft. All maintenance procedures shall be performed in accordance with all program monitoringFAA and Manufacturer’s standards and procedures by properly trained, program reliability licensed, and program reporting requirements under certified maintenance sources and maintenance personnel utilizing replacement parts approved by the Approved Maintenance Program FAA and the Act)Manufacturer, so as to keep the same Airframe and each Engine and Part in as good operating condition as when originally leased hereundercondition, ordinary wear and tear alone excepted, in the same manner and with the same care as used by the Lessee with similar aircraft operated by the Lessee, and in such condition as may be necessary to enable the airworthiness certificate of for the Aircraft to be maintained in good standing continually maintained. In the event any Engine is damaged or is being inspected or overhauled and provided no Event of Default has occurred and is continuing, Lessee, at all times under its option, may substitute another engine of the Act, Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction same make and model as the case may be, Engine being repaired or overhauled provided such Engine is approved by the FAA and in accordance with all manufacturers' mandatory service bulletins with respect thereto, (iii) maintain all records, logs, manuals, manufacturer's service bulletins, CAA and FAA airworthiness directives, engineering and modification orders, and other Records and data required by Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction as the case may be, to be maintained in respect manufacturer of the Airframe for use on the Aircraft (any such substitute engine being hereinafter referred to as a “Loaner Engine”) during the period of such repair or overhaul and each Engine; provided further (ivx) perform all obligations required to be installation of the Loaner Engine is performed by it under an FAA and manufacturer certified mechanic with respect to an aircraft of the terms type of the Aircraft, (y) the Loaner Engine is removed and the repaired or overhauled original Engine is reinstalled on the Airframe promptly upon completion of the repair or overhaul of the original Engine but in no event later than the expiration, cancellation or earlier termination of the Term and (z) the Loaner Engine is free and clear of all applicable warrantiesLiens (other than Permitted Liens) and is maintained in accordance herewith. Lessor hereby agrees that it has no, service life policies and patent indemnities of the manufacturer agrees not to assert any, right, title or supplier of the Aircraft interest in and to any such Loaner Engine, and Lessor agrees that it shall execute any agreement or any Part thereofdocument to such effect as Lessee may reasonable request; provided, in respect of the Aircraft or any part thereof. The Lessee shall comply with all however, that (i) applicable requirements any reasonable costs or expenses of Finnish Applicable Law or such other Applicable Law of such Applicable Jurisdiction, as the case may be, and all other applicable environmental, noise, air pollution and other similar standards of Finland or such other Applicable Jurisdiction, as the case may be, and the International Civil Aviation Organization in effect from time to time to the extent that such standards are required to be complied with (without regard Lessor related to any exemption waiving or delaying compliance therewith applicable solely to such agreement shall be paid by the Lessee's use Lessee upon demand by the Lessor for payment of the Aircraft but not applicable or available generally to any one or more other European operators) same, and (ii) the Lessee, at its own expense, forthwith upon the delivery thereof hereunder, any such agreement shall cause the Aircraft be in from and substance reasonably satisfactory to be duly registered (provided the Lessor or its designee is eligible to be the registered owner of the Aircraft) and at all times thereafter to remain duly registered in compliance (provided the Lessor or its designee is eligible to be the registered owner of the Aircraft) with all Finnish registration and airworthiness requirements or those of any other Applicable Jurisdiction, as the case may be. The Lessee agrees that the Airframe and each Engine will not be maintained, serviced, repaired, overhauled, tested, used or operated: (A) in violation of any law or any rule, regulation or order of any government or governmental authority having jurisdiction (domestic or foreign) or other Applicable Law or in violation of the airworthiness certificates of the Aircraft; (B) in any area excluded from coverage by, or in any manner or for any purpose inconsistent with the terms of, any insurance required by the terms of Section 11 hereof; or (C) in any recognized or threatened area of hostilities unless fully covered to the Lessor's satisfaction by war risk insurance.

Appears in 1 contract

Samples: Aircraft Lease (Copart Inc)

Maintenance and Operation. The During the Term, Lessee, at its own cost and expense, will at all times during the Term: shall (i) cause the Aircraft to be in compliance with all CAA regulations applicable to XxXxxxxxx Xxxxxxx MD 82 aircraft, certificated for interstate and overseas operation under Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction, as the case may be, and to be and remain duly registered with the CAA in accordance with the Act in the name of the Lessor as owner; (ii) maintain, operateinspect, service, repair, overhaul and test the Airframe and each Engine in accordance with FAA approved and Manufacturer's recommended maintenance programs, including, without limitation, the MSP Contract; (including but not limited ii) maintain (in the English language) all Records and (iii) promptly furnish to Lessor such information as may be required to enable Lessor to file any reports required by any governmental authority as a result of Lessor's ownership of the Aircraft. All maintenance procedures shall be performed in accordance with all program monitoringFAA and Manufacturer's standards and procedures by properly trained, program reliability licensed, and program reporting requirements under certified maintenance sources and maintenance personnel at a Cessna Citation Service Center utilizing replacement parts approved by the Approved Maintenance Program FAA and the Act)Manufacturer, so as to keep the same Airframe and each Engine and Part in as good operating condition as when originally leased hereundercondition, ordinary wear and tear alone excepted, in the same manner and with the same care as used by the Lessee with similar aircraft operated by the Lessee, and in such condition as may be necessary to enable the airworthiness certificate of for the Aircraft to be maintained in good standing at all times under continually maintained. In the Actevent any Engine is damaged or is being inspected or overhauled and provided no Event of Default or Default has occurred and is continuing, Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction as the case may be, and in accordance with all manufacturers' mandatory service bulletins with respect thereto, (iii) maintain all records, logs, manuals, manufacturer's service bulletins, CAA and FAA airworthiness directives, engineering and modification orders, and other Records and data required by Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction as the case may be, to be maintained in respect of the Airframe and each Engine; (iv) perform all obligations required to be performed by it under the terms of all applicable warranties, service life policies and patent indemnities of the manufacturer or supplier of the Aircraft or any Part thereof, in respect of the Aircraft or any part thereof. The Lessee shall comply with all (i) applicable requirements of Finnish Applicable Law or such other Applicable Law of such Applicable Jurisdiction, as the case may be, and all other applicable environmental, noise, air pollution and other similar standards of Finland or such other Applicable Jurisdiction, as the case may be, and the International Civil Aviation Organization in effect from time to time to the extent that such standards are required to be complied with (without regard to any exemption waiving or delaying compliance therewith applicable solely to the Lessee's use of the Aircraft but not applicable or available generally to any one or more other European operators) and (ii) the Lessee, at its own expenseoption, forthwith upon may substitute another engine of the delivery thereof hereunder, shall cause same make and model as the Engine being repaired or overhauled provided such Engine is approved by the FAA and the manufacturer of the Airframe for use on the Aircraft (any such substitute engine being hereinafter referred to be duly registered as a "LOANER ENGINE") during the period of such repair or overhaul and provided further (provided x) installation of the Lessor or its designee Loaner Engine is eligible performed by an FAA and manufacturer certified mechanic with respect to be an aircraft of the registered owner type of the Aircraft, (y) the Loaner Engine is removed and at all times thereafter to remain duly registered in compliance (provided the Lessor repaired or its designee overhauled original Engine is eligible to be reinstalled on the registered owner Airframe promptly upon completion of the Aircraft) with all Finnish registration and airworthiness requirements repair or those of any other Applicable Jurisdiction, as the case may be. The Lessee agrees that the Airframe and each Engine will not be maintained, serviced, repaired, overhauled, tested, used or operated: (A) in violation of any law or any rule, regulation or order of any government or governmental authority having jurisdiction (domestic or foreign) or other Applicable Law or in violation overhaul of the airworthiness certificates original Engine but in no event later than the expiration, cancellation or earlier termination of the Aircraft; Term and (Bz) the Loaner Engine is free and clear of all Liens and is maintained in any area excluded from coverage by, or in any manner or for any purpose inconsistent with the terms of, any insurance required by the terms of Section 11 hereof; or (C) in any recognized or threatened area of hostilities unless fully covered to the Lessor's satisfaction by war risk insuranceaccordance herewith.

Appears in 1 contract

Samples: Aircraft Lease (Elite Flight Solutions Inc)

Maintenance and Operation. The Lessee, at its own cost and expense, will at all times during the Term: (i) will be a "citizen of the United States" as defined in Section 40102(15) of Title 49 of the United States Code and will be an air carrier certificated under Sections 401 and 609 of the Act and hold all necessary air carrier operating certificates; (ii) will cause ownership of the Aircraft and Spare Engines to be in compliance with all CAA regulations applicable to XxXxxxxxx Xxxxxxx MD 82 aircraft, certificated for interstate and overseas operation under Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction, as the case may be, and to be duly registered and remain duly registered with in the CAA name of Lessor in accordance with the Act in the name and otherwise registered under all applicable laws of the Lessor United States so as ownerto be eligible to operate in commercial air service under the Act; and (iiiii) maintain, operate, will service, repair, inspect, test, maintain and overhaul the Airframe, each Engine and test each Spare Engine and install replacement equipment and parts on the Airframe, each Engine and each Spare Engine (A) so as to keep the Airframe, each Engine and each Spare Engine in such operating condition as may be required to permit the Airframe, each Engine and each Spare Engine to be utilized in commercial operations, (B) so as to enable the airworthiness certification of the Airframe and each Engine (including but not limited to be maintained in good standing at all program monitoring, program reliability and program reporting requirements times under the Approved Maintenance Program Act, except when aircraft of the same type, model or series as the Airframe (powered by engines of the same type as those with which the Airframe shall be equipped at the time of grounding) registered in the United States have been grounded by the FAA; provided, however, that if following its issuance, the United States FAA airworthiness certificate of the Aircraft shall be withdrawn, then subject to the provisions of Section 13 hereof, so long as Lessee is diligently taking or causing to be taken all necessary action to promptly correct the condition which caused such withdrawal, no Lease Event of Default shall arise from such withdrawal, (C) in accordance with Lessee's FAAapproved maintenance, inspection and maintenance control programs, and in the Act), same manner and with the same care used by Lessee with respect to the same or similar aircraft and engines owned or operated by Lessee so as to keep the same in as good operating condition as when originally leased hereunder, ordinary wear and tear excepted, which practices shall at all times be at or above the standard of the industry in the same manner and with the same care as used by the Lessee with United States for prudent maintenance of similar aircraft operated by the Lesseeequipment, and (D) in such condition manner as may be necessary to enable the airworthiness certificate maintain in full force all warranties of the Aircraft to be maintained in good standing at all times under the Act, Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction as the case may be, and in accordance with all manufacturers' mandatory service bulletins with respect thereto, (iii) manufacturers thereof. Lessee shall maintain all records, logslogs and other materials which may be required to permit the Airframe, manuals, manufacturer's service bulletins, CAA each Engine and FAA each Spare Engine to be so utilized. Lessee will comply in all material respects with all airworthiness directives, engineering and modification orders, and other Records and data required mandatory notes or modifications or similar requirements affecting the same (including those issued by Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction as the case may be, to be maintained in respect of the Airframe and each Engine; (iv) perform all obligations required to be performed by it under the terms of all applicable warranties, service life policies and patent indemnities of the manufacturer or supplier supplier) in such condition so as to comply with this Lease and the rules and regulations of the Aircraft or any Part thereof, in respect of the Aircraft or any part thereof. The Lessee shall comply with all (i) applicable requirements of Finnish Applicable Law or such other Applicable Law of such Applicable Jurisdiction, as the case may be, and all other applicable environmental, noise, air pollution and other similar standards of Finland or such other Applicable Jurisdiction, as the case may be, and the International Civil Aviation Organization in effect FAA from time to time in force and applicable to the extent that such standards are required to be complied with (without regard to any exemption waiving or delaying compliance therewith applicable solely to the Lessee's use of the Aircraft but not applicable or available generally to any one or more other European operators) Aircraft, Engines and (ii) the Lessee, at its own expense, forthwith upon the delivery thereof hereunder, shall cause the Aircraft to be duly registered (provided the Lessor or its designee is eligible to be the registered owner of the Aircraft) and at all times thereafter to remain duly registered in compliance (provided the Lessor or its designee is eligible to be the registered owner of the Aircraft) with all Finnish registration and airworthiness requirements or those of any other Applicable Jurisdiction, as the case may beSpare Engines. The Lessee agrees that Neither the Airframe and each nor any Engine nor any Spare Engine will not be maintained, serviced, repaired, overhauled, tested, used or operated: (A) operated in violation of any law or any rule, regulation or order of any government or governmental authority having jurisdiction (domestic or foreign) or other Applicable Law ), or in violation of any airworthiness certificate, license or registration relating to the airworthiness certificates Airframe or such Engine or Spare Engine issued by any such authority, and in the event that such laws, rules, regulations or orders require alteration of the Aircraft; Airframe or any Engine or Spare Engine, Lessee, at its own cost and expense, will conform thereto or obtain conformance therewith and will maintain the same in proper operating condition under such laws, rules, regulations and orders, provided, however, that Lessee may, in good faith (Bafter having delivered to Lessor and Agent an Officers' Certificate stating the facts with respect thereto), contest the validity or application of any such law, rule, regulation or order in any reasonable manner which does not, in Lessor's and Agent's opinion (in their sole discretion), adversely affect the interests of Lessor, Agent or any Lender. Lessee will not operate, use or locate the Airframe or any Engine or Spare Engine, (I) in any area in which any insurance required to be maintained pursuant to Section 14 shall not be at the time in full force and effect, or in any area excluded from coverage byby an insurance policy in effect with respect to the Airframe or such Engine or Spare Engine, except in the case of a requisition for use by the United States of America, and then only if Lessee obtains indemnity in lieu of such insurance from the United States of America against the risks and in the amounts required by said Section covering such area, or in any manner or for any purpose inconsistent with the terms of, any insurance required by the terms of Section 11 hereof; or (CII) in any recognized or threatened area of hostilities unless fully covered the Airframe or such Engine or Spare Engine is operated or used under contract with the Government of the United States of America under which contract that Government assumes liabilities for any damages, loss, destruction or failure to return possession of the Lessor's satisfaction by war risk Airframe or such Engine or Spare Engine at the end of the term of such contract and for injury to persons or damage to property of others. Lessee shall not use the Aircraft or any Spare Engine nor suffer it to be used in any manner or for any purpose excepted from any of the insurance on or in respect of the Aircraft or Spare Engine or for the purpose of carriage of goods of any description excepted from such insurance nor do, or permit to be done, anything which, or omit to do anything the omission of which, may invalidate any of such insurance.

Appears in 1 contract

Samples: Lease Agreement (Atlas Air Inc)

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Maintenance and Operation. The Lessee, at its own cost and expense, will at all times during the Term: (i) cause be a "citizen of the Aircraft to be United States" as defined in compliance Section 40102(15) of Title 49 of the United Lessee will comply in all material respects with all CAA regulations applicable to XxXxxxxxx Xxxxxxx MD 82 aircraftairworthiness directives, certificated for interstate and overseas operation under Finnish Applicable Law mandatory notes or such other Applicable Law of such other Applicable Jurisdiction, as modifications or similar requirements affecting the case may be, and to be and remain duly registered with the CAA in accordance with the Act in the name of the Lessor as owner; (ii) maintain, operate, service, repair, overhaul and test the Airframe and each Engine same (including but not limited to all program monitoring, program reliability and program reporting requirements under those issued by the Approved Maintenance Program and the Act), manufacturer or supplier) in such condition so as to keep comply with this Lease and the same in as good operating condition as when originally leased hereunder, ordinary wear rules and tear excepted, in the same manner and with the same care as used by the Lessee with similar aircraft operated by the Lessee, and in such condition as may be necessary to enable the airworthiness certificate regulations of the Aircraft to be maintained in good standing at all times under the Act, Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction as the case may be, and in accordance with all manufacturers' mandatory service bulletins with respect thereto, (iii) maintain all records, logs, manuals, manufacturer's service bulletins, CAA and FAA airworthiness directives, engineering and modification orders, and other Records and data required by Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction as the case may be, to be maintained in respect of the Airframe and each Engine; (iv) perform all obligations required to be performed by it under the terms of all applicable warranties, service life policies and patent indemnities of the manufacturer or supplier of the Aircraft or any Part thereof, in respect of the Aircraft or any part thereof. The Lessee shall comply with all (i) applicable requirements of Finnish Applicable Law or such other Applicable Law of such Applicable Jurisdiction, as the case may be, and all other applicable environmental, noise, air pollution and other similar standards of Finland or such other Applicable Jurisdiction, as the case may be, and the International Civil Aviation Organization in effect from time to time in force and applicable to the extent that such standards are required to be complied with (without regard to any exemption waiving or delaying compliance therewith applicable solely to the Lessee's use of the Aircraft but not applicable or available generally to any one or more other European operators) and (ii) the Lessee, at its own expense, forthwith upon the delivery thereof hereunder, shall cause the Aircraft to be duly registered (provided the Lessor or its designee is eligible to be the registered owner of the Aircraft) and at all times thereafter to remain duly registered in compliance (provided the Lessor or its designee is eligible to be the registered owner of the Aircraft) with all Finnish registration and airworthiness requirements or those of any other Applicable Jurisdiction, as the case may beEngines. The Lessee agrees that Neither the Airframe and each nor any Engine will not be maintained, serviced, repaired, overhauled, tested, used or operated: (A) operated in violation of any law or any rule, regulation or order of any government or governmental authority having jurisdiction (domestic or foreign) or other Applicable Law ), or in violation of any airworthiness certificate, license or registration relating to the airworthiness certificates Airframe or such Engine issued by any such authority, and in the event that such laws, rules, regulations or orders require alteration of the Aircraft; Airframe or any Engine, Lessee, at its own cost and expense, will conform thereto or obtain conformance therewith and will maintain the same in proper operating condition under such laws, rules, regulations and orders, provided, however, that Lessee may, in good faith (Bafter having delivered to Lessor and Agent an Officers' Certificate stating the facts with respect thereto), contest the validity or application of any such law, rule, regulation or order in any reasonable manner which does not, in Lessor's and Agent's opinion (in their sole discretion), adversely affect the interests of Lessor, Agent or any Lender. Lessee will not operate, use or locate the Airframe or any Engine, (I) in any area in which any insurance required to be maintained pursuant to Section 14 shall not be at the time in full force and effect, or in any area excluded from coverage byby an insurance policy in effect with respect to the Airframe or such Engine, except in the case of a requisition for use by the United States of America, and then only if Lessee obtains indemnity in lieu of such insurance from the United States of America against the risks and in the amounts required by said Section covering such area, or in any manner or for any purpose inconsistent with the terms of, any insurance required by the terms of Section 11 hereof; or (CII) in any recognized or threatened area of hostilities unless fully covered the Airframe or such Engine is operated or used under contract with the Government of the United States of America under which contract that Government assumes liabilities for any damages, loss, destruction or failure to return possession of the Lessor's satisfaction by war risk Airframe or such Engine at the end of the term of such contract and for injury to persons or damage to property of others. Lessee shall not use the Aircraft nor suffer it to be used in any manner or for any purpose excepted from any of the insurance on or in respect of the Aircraft or for the purpose of carriage of goods of any description excepted from such insurance nor do, or permit to be done, anything which, or omit to do anything the omission of which, may invalidate any of such insurance.

Appears in 1 contract

Samples: Lease Agreement (Atlas Air Inc)

Maintenance and Operation. The During the Term, Lessee, at its own cost and expense, will at all times during the Term: shall (i) cause the Aircraft to be in compliance with all CAA regulations applicable to XxXxxxxxx Xxxxxxx MD 82 aircraft, certificated for interstate and overseas operation under Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction, as the case may be, and to be and remain duly registered with the CAA in accordance with the Act in the name of the Lessor as owner; (ii) maintain, operateinspect, service, repair, overhaul and test the Airframe and each Engine (including but not limited to all program monitoringin accordance with the FAR, program reliability and program reporting requirements under the Approved Maintenance Program FAA-approved Instructions for Continued Airworthiness, and the Act)Manufacturers' recommended inspection and maintenance programs; (ii) maintain (in the English language) all Records and (iii) promptly furnish to Lessor such information as may be required to enable Lessor to file any reports required by any governmental authority as a result of Lessor's ownership of the Aircraft. All maintenance procedures shall be performed in accordance with all FAA and Manufacturer's standards and procedures by properly trained, U.S. licensed, and certified maintenance sources and maintenance personnel utilizing replacement parts approved by the FAA or the Manufacturer, so as to keep the same Airframe and each Engine and Part in as good operating condition as when originally leased hereundercondition, ordinary wear and tear alone excepted, in the same manner and with the same care as used by the Lessee with similar aircraft operated by the Lessee, and in such condition as may be necessary to enable the airworthiness certificate of for the Aircraft to be maintained in good standing at all times under continually maintained. In the Actevent any Engine is damaged or is being inspected or overhauled and provided no Event of Default or Default has occurred and is continuing, Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction as the case may be, and in accordance with all manufacturers' mandatory service bulletins with respect thereto, (iii) maintain all records, logs, manuals, manufacturer's service bulletins, CAA and FAA airworthiness directives, engineering and modification orders, and other Records and data required by Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction as the case may be, to be maintained in respect of the Airframe and each Engine; (iv) perform all obligations required to be performed by it under the terms of all applicable warranties, service life policies and patent indemnities of the manufacturer or supplier of the Aircraft or any Part thereof, in respect of the Aircraft or any part thereof. The Lessee shall comply with all (i) applicable requirements of Finnish Applicable Law or such other Applicable Law of such Applicable Jurisdiction, as the case may be, and all other applicable environmental, noise, air pollution and other similar standards of Finland or such other Applicable Jurisdiction, as the case may be, and the International Civil Aviation Organization in effect from time to time to the extent that such standards are required to be complied with (without regard to any exemption waiving or delaying compliance therewith applicable solely to the Lessee's use of the Aircraft but not applicable or available generally to any one or more other European operators) and (ii) the Lessee, at its own expenseoption, forthwith upon may substitute another engine of the delivery thereof hereunder, shall cause same make and model as the Engine being repaired or overhauled provided such Engine is approved by the FAA and the manufacturer of the Airframe for use on the Aircraft (any such substitute engine being hereinafter referred to be duly registered as a "Loaner Engine") during the period of such repair or overhaul and provided further (provided x) installation of the Lessor Loaner Engine is performed by an FAA certificated and manufacturer designated maintenance facility or its designee is eligible mechanic with respect to be an aircraft of the registered owner type of the Aircraft, (y) the Loaner Engine is removed and at all times thereafter to remain duly registered in compliance (provided the Lessor repaired or its designee overhauled original Engine is eligible to be reinstalled on the registered owner Airframe promptly upon completion of the Aircraft) with all Finnish registration and airworthiness requirements repair or those of any other Applicable Jurisdiction, as the case may be. The Lessee agrees that the Airframe and each Engine will not be maintained, serviced, repaired, overhauled, tested, used or operated: (A) in violation of any law or any rule, regulation or order of any government or governmental authority having jurisdiction (domestic or foreign) or other Applicable Law or in violation overhaul of the airworthiness certificates original Engine but in no event later than the expiration, cancellation or earlier termination of the Aircraft; Term and (Bz) the Loaner Engine is free and clear of all Liens and is maintained in any area excluded from coverage by, or in any manner or for any purpose inconsistent with the terms of, any insurance required by the terms of Section 11 hereof; or (C) in any recognized or threatened area of hostilities unless fully covered to the Lessor's satisfaction by war risk insuranceaccordance herewith.

Appears in 1 contract

Samples: Aircraft Lease (Drivetime Automotive Group Inc)

Maintenance and Operation. The Lessee, at its own cost and expense, will at all times during the Term: (i) be a "citizen of the United States" as defined in Section 40102(15) of Title 49 of the United States Code and will be an air carrier certificated under Sections 401 and 609 of the Act and hold all necessary air carrier operating certificates; (ii) will cause ownership of the Aircraft Air- craft to be in compliance with all CAA regulations applicable to XxXxxxxxx Xxxxxxx MD 82 aircraft, certificated for interstate and overseas operation under Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction, as the case may be, and to be duly registered and remain duly registered with in the CAA name of Lessor in accordance with the Act in the name and otherwise registered under all applicable laws of the Lessor United States so as ownerto be eligible to operate in commercial air service under the Act; and (iiiii) maintain, operate, will service, repair, inspect, test, maintain and overhaul the Airframe and test each Engine and install replacement equipment and parts on the Airframe and each Engine and install replacement equipment and parts on the Airframe and each Engine (including but not limited A) so as to keep the Airframe and each Engine in such operating condition as may be required to permit the Airframe and each Engine to be utilized in commercial operations (B) so as to enable the airworthiness certification of the Airframe to be maintained in good standing at all program monitoring, program reliability and program reporting requirements times under the Approved Maintenance Program Act, except when aircraft of the same type, model or series as the Airframe (powered by engines of the same type as those with which the Airframe shall be equipped at the time of grounding) registered in the United States have been grounded by the FAA; provided, however, that if following its issuance, the United States FAA airworthiness certificate of the Aircraft shall be withdrawn, then subject to the provisions of Section 13 hereof, so long as Lessee is diligently taking or causing to be taken all necessary action to promptly correct the condition which caused such withdrawal, no Lease Event of Default shall arise from such withdrawal, (C) in accordance with Lessee's FAA-approved maintenance, inspection and maintenance control programs, and in the Act), same manner and with the same care used by Lessee with respect to the same or similar aircraft and engines owned or operated by Lessee so as to keep the same in as good operating condition as when originally leased hereunder, ordinary wear and tear excepted, which practices shall at all times be at or above the standard of the industry in the same manner and with the same care as used by the Lessee with United States for prudent maintenance of similar aircraft operated by the Lesseeequipment, and (D) in such condition manner as may be necessary to enable the airworthiness certificate maintain in full force all warranties of the Aircraft to be maintained in good standing at all times under the Act, Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction as the case may be, and in accordance with all manufacturers' mandatory service bulletins with respect thereto, (iii) manufacturers thereof. Lessee shall maintain all records, logs, manuals, manufacturer's service bulletins, CAA and FAA airworthiness directives, engineering and modification orders, logs and other Records and data required by Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction as the case materials which may be, to be maintained in respect of the Airframe and each Engine; (iv) perform all obligations required to be performed by it under the terms of all applicable warranties, service life policies and patent indemnities of the manufacturer or supplier of the Aircraft or any Part thereof, in respect of the Aircraft or any part thereof. The Lessee shall comply with all (i) applicable requirements of Finnish Applicable Law or such other Applicable Law of such Applicable Jurisdiction, as the case may be, and all other applicable environmental, noise, air pollution and other similar standards of Finland or such other Applicable Jurisdiction, as the case may be, and the International Civil Aviation Organization in effect from time to time to the extent that such standards are required to be complied with (without regard to any exemption waiving or delaying compliance therewith applicable solely to the Lessee's use of the Aircraft but not applicable or available generally to any one or more other European operators) and (ii) the Lessee, at its own expense, forthwith upon the delivery thereof hereunder, shall cause the Aircraft to be duly registered (provided the Lessor or its designee is eligible to be the registered owner of the Aircraft) and at all times thereafter to remain duly registered in compliance (provided the Lessor or its designee is eligible to be the registered owner of the Aircraft) with all Finnish registration and airworthiness requirements or those of any other Applicable Jurisdiction, as the case may be. The Lessee agrees that permit the Airframe and each Engine to be so utilized. Lessee will not comply in all material respects with all airworthiness directives, mandatory notes or modifications or similar requirements affecting the same (including those issued by the manufacturer or supplier) in such condition so as to comply with this Lease and the rules and regulations of the FAA from time to time in force and applicable to the Aircraft and Engines. Neither the Airframe nor any Engine will be maintained, serviced, repaired, overhauled, tested, used or operated: (A) operated in violation of any law or any rule, regulation or order of any government or governmental authority having jurisdiction (domestic or foreign) or other Applicable Law ), or in violation of any airworthiness certificate, license or registration relating to the airworthiness certificates Airframe or such Engine issued by any such authority, and in the event that such laws, rules, regulations or orders require alteration of the Aircraft; Airframe or any Engine, Lessee, at its own cost and expense, will conform thereto or obtain conformance therewith and will maintain the same in proper operating condition under such laws, rules, regulations and orders, provided, however, that Lessee may, in good faith (Bafter having delivered to Lessor and Agent an Officers' Certificate stating the facts with respect thereto), contest the validity or application of any such law, rule, regulation or order in any reasonable manner which does not, in Lessor's and Agent's opinion (in their sole discretion), adversely affect the interests of Lessor, Agent or any Lender. Lessee will not operate, use or locate the Airframe or any Engine, (I) in any area in which any insurance required to be maintained pursuant to Section 14 shall not be at the time in full force and effect, or in any area excluded from coverage byby an insurance policy in effect with respect to the Airframe or such Engine, except in the case of a requisition for use by the United States of America, and then only if Lessee obtains indemnity in lieu of such insurance from the United States of America against the risks and in the amounts required by said Section covering such area, or in any manner or for any purpose inconsistent with the terms of, any insurance required by the terms of Section 11 hereof; or (CII) in any recognized or threatened area of hostilities unless fully covered the Airframe or such Engine is operated or used under contract with the Government of the United States of America under which contract that Government assumes liabilities for any damages, loss, destruction or failure to return possession of the Lessor's satisfaction by war risk Airframe or such Engine at the end of the term of such contract and for injury to persons or damage to property of others. Lessee shall not use the Aircraft nor suffer it to be used in any manner or for any purpose excepted from any of the insurance on or in respect of the Aircraft or for the purpose of carriage of goods of any description excepted from such insurance nor do, or permit to be done, anything which, or omit to do anything the omission of which, may invalidate any of such insurance.

Appears in 1 contract

Samples: Lease Agreement (Atlas Air Inc)

Maintenance and Operation. The Lessee, at its own cost and expense, will at all times during until the Term: expiration or earlier termination of this Lease, (i) will be a "citizen of the United States" as defined in Section 40102(15) of Title 49 of the United States Code and will be an air carrier certificated under Sections 401 and 609 of the Federal Aviation Act and hold all necessary air carrier operating certificates; (ii) will cause ownership of the Aircraft Engines to be in compliance with all CAA regulations applicable to XxXxxxxxx Xxxxxxx MD 82 aircraft, certificated for interstate and overseas operation under Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction, as the case may be, and to be duly registered and remain duly registered with the CAA in accordance with the Act FAA in the name of the Lessor in accordance with the Federal Aviation Act and otherwise registered under all applicable laws of the United States so as ownerto be eligible to operate in commercial air service under the Federal Aviation Act; and (iiiii) maintain, operate, will service, repair, inspect, test, maintain and overhaul each Engine, install replacement equipment and test the Airframe and parts on each Engine and maintain the Technical Records (including but not limited A) so as to all program monitoringkeep each Engine in such operating condition as may be required to permit each Engine to be utilized in commercial operations in the United States, program reliability (B) in accordance with the Lessee's FAA-approved maintenance, inspection and program reporting requirements under maintenance control programs, and in the Approved Maintenance Program same manner and with the Act), same care used by the Lessee with respect to the same or similar engines owned or operated by the Lessee so as to keep the same in as good operating condition as when originally leased hereunder, ordinary wear and tear excepted, which practices shall at all times be at or above the standard of the industry in the same manner and with the same care as used by the Lessee with United States for prudent maintenance of similar aircraft operated by the Lesseeequipment, and (C) in such condition manner as may be necessary to maintain in full force all warranties of the manufacturers thereof, and (D) to enable the airworthiness certificate of Lessee to deliver the Aircraft Engines to be maintained in good standing at all times under the Act, Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction as the case may be, and Lessor in accordance with all manufacturers' mandatory service bulletins with respect thereto, (iii) Section 8. The Lessee shall maintain all records, logs, manuals, manufacturer's service bulletins, CAA logs and FAA other materials that may be required to permit each Engine to be so utilized. The Lessee will comply in all material respects with all airworthiness directives, engineering and modification orders, and other Records and data required mandatory notes or modifications or similar requirements affecting the same (including those issued by Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction as the case may be, to be maintained in respect of the Airframe and each Engine; (iv) perform all obligations required to be performed by it under the terms of all applicable warranties, service life policies and patent indemnities of the manufacturer or supplier supplier) in such condition so as to comply with this Lease and the rules and regulations of the Aircraft or any Part thereof, in respect of the Aircraft or any part thereof. The Lessee shall comply with all (i) applicable requirements of Finnish Applicable Law or such other Applicable Law of such Applicable Jurisdiction, as the case may be, and all other applicable environmental, noise, air pollution and other similar standards of Finland or such other Applicable Jurisdiction, as the case may be, and the International Civil Aviation Organization in effect FAA from time to time in force and applicable to the extent that such standards are required to be complied with (without regard to any exemption waiving or delaying compliance therewith applicable solely to the Lessee's use of the Aircraft but not applicable or available generally to any one or more other European operators) and (ii) the Lessee, at its own expense, forthwith upon the delivery thereof hereunder, shall cause the Aircraft to be duly registered (provided the Lessor or its designee is eligible to be the registered owner of the Aircraft) and at all times thereafter to remain duly registered in compliance (provided the Lessor or its designee is eligible to be the registered owner of the Aircraft) with all Finnish registration and airworthiness requirements or those of any other Applicable Jurisdiction, as the case may beEngines. The Lessee agrees that the Airframe and each No Engine will not be maintained, serviced, repaired, overhauled, tested, used or operated: (A) operated in violation of any law or any rule, regulation or order of any government or governmental authority having jurisdiction (domestic or foreign) or other Applicable Law ), or in violation of any airworthiness certificate, license or registration relating to such Engine issued by any such authority, and in the airworthiness certificates event that such laws, rules, regulations or orders require alteration of any Engine, the Lessee, at its own cost and expense, will conform thereto or obtain conformance therewith and will maintain the same in proper operating condition under such laws, rules, regulations and orders, provided, however, that the Lessee may, in good faith (after having delivered to the Lessor and the Agent an Officers' Certificate stating the facts with respect thereto), contest the validity or application of any such law, rule, regulation or order in any reasonable manner that does not, in the Lessor's and the Agent's opinion (in their sole discretion), adversely affect the interests of the Aircraft; Lessor, the Agent or any Lender. The Lessee covenants and agrees with the Lessor that, the better to ensure the availability of the benefits of Section 1110 of the Bankruptcy Code, the Lessee shall not object to any motion, petition or application filed by the Lessor with any bankruptcy court having jurisdiction over the Lessee, solely as to the portion thereof that seeks, and to the extent that such motion, petition or application seeks, a determination that such Section 1110 of the Bankruptcy Code applies to the lease of the Engines hereunder. In the event that Section 1110 is amended, or if it is repealed and another statute is enacted in lieu thereof, the Lessor and the Lessee (Bat the Lessee's expense) agree to amend this Lease and take such other action not inconsistent with this Lease as the Lessor reasonably deems necessary so as to afford to the Lessor the rights and benefits as such amended or substituted statute confers upon owners, lessors and conditional vendors of aircraft engines similarly situated to the Lessor. The Lessee will not operate, use or locate any Engine, (I) in any area in which any insurance required to be maintained pursuant to Section 14 shall not be at the time in full force and effect, or in any area excluded from coverage byby an insurance policy in effect with respect to such Engine, except in the case of a requisition for use by the United States of America, and then only if the Lessee obtains indemnity in lieu of such insurance from the United States of America against the risks and in the amounts required by said Section covering such area, or in any manner or for any purpose inconsistent with the terms of, any insurance required by the terms of Section 11 hereof; or (CII) in any recognized or threatened area of hostilities unless fully covered such Engine is operated or used under contract with the Government of the United States of America under which contract that Government assumes liabilities for any damages, loss, destruction or failure to return possession of such Engine at the Lessor's satisfaction by war risk end of the term of such contract and for injury to persons or damage to property of others. The Lessee shall not use any Engine nor suffer it to be used in any manner or for any purpose excepted from any of the insurance on or in respect of the Engine or for the purpose of carriage of goods of any description excepted from such insurance nor do, or per- mit to be done, anything which, or omit to do anything the omission of which, may invalidate any of such insurance.

Appears in 1 contract

Samples: Lease Agreement (Atlas Air Inc)

Maintenance and Operation. The Lessee, at its own cost and expense, will at all times during the Term: (i) be a "citizen of the United States" as defined in Section 40102(15) of Title 49 of the United States Code and will be an air carrier certificated under Sections 401 and 609 of the Act and hold all necessary air carrier operating certificates; (ii) will cause ownership of the Aircraft to be in compliance with all CAA regulations applicable to XxXxxxxxx Xxxxxxx MD 82 aircraft, certificated for interstate and overseas operation under Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction, as the case may be, and to be duly registered and remain duly registered with in the CAA name of Lessor in accordance with the Act in the name and otherwise registered under all applicable laws of the Lessor United States so as ownerto be eligible to operate in commercial air service under the Act; and (iiiii) maintain, operate, will service, repair, inspect, test, maintain and overhaul the Airframe and test each Engine and install replacement equipment and parts on the Airframe and each Engine and install replacement equipment and parts on the Airframe and each Engine (including but not limited A) so as to keep the Airframe and each Engine in such operating condition as may be required to permit the Airframe and each Engine to be utilized in commercial operations (B) so as to enable the airworthiness certification of the Airframe to be maintained in good standing at all program monitoring, program reliability and program reporting requirements times under the Approved Maintenance Program Act, except when aircraft of the same type, model or series as the Airframe (powered by engines of the same type as those with which the Airframe shall be equipped at the time of grounding) registered in the United States have been grounded by the FAA; provided, however, that if following its issuance, the United States FAA airworthiness certificate of the Aircraft shall be withdrawn, then subject to the provisions of Section 13 hereof, so long as Lessee is diligently taking or causing to be taken all necessary action to promptly correct the condition which caused such withdrawal, no Lease Event of Default shall arise from such withdrawal, (C) in accordance with Lessee's FAA-approved maintenance, inspection and maintenance control programs, and in the Act), same manner and with the same care used by Lessee with re- spect to the same or similar aircraft and engines owned or operated by Lessee so as to keep the same in as good operating condition as when originally leased hereunder, ordinary wear and tear excepted, which practices shall at all times be at or above the standard of the industry in the same manner and with the same care as used by the Lessee with United States for prudent maintenance of similar aircraft operated by the Lesseeequipment, and (D) in such condition manner as may be necessary to enable the airworthiness certificate maintain in full force all warranties of the Aircraft to be maintained in good standing at all times under the Act, Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction as the case may be, and in accordance with all manufacturers' mandatory service bulletins with respect thereto, (iii) manufacturers thereof. Lessee shall maintain all records, logs, manuals, manufacturer's service bulletins, CAA and FAA airworthiness directives, engineering and modification orders, logs and other Records and data required by Finnish Applicable Law or such other Applicable Law of such other Applicable Jurisdiction as the case materials which may be, to be maintained in respect of the Airframe and each Engine; (iv) perform all obligations required to be performed by it under the terms of all applicable warranties, service life policies and patent indemnities of the manufacturer or supplier of the Aircraft or any Part thereof, in respect of the Aircraft or any part thereof. The Lessee shall comply with all (i) applicable requirements of Finnish Applicable Law or such other Applicable Law of such Applicable Jurisdiction, as the case may be, and all other applicable environmental, noise, air pollution and other similar standards of Finland or such other Applicable Jurisdiction, as the case may be, and the International Civil Aviation Organization in effect from time to time to the extent that such standards are required to be complied with (without regard to any exemption waiving or delaying compliance therewith applicable solely to the Lessee's use of the Aircraft but not applicable or available generally to any one or more other European operators) and (ii) the Lessee, at its own expense, forthwith upon the delivery thereof hereunder, shall cause the Aircraft to be duly registered (provided the Lessor or its designee is eligible to be the registered owner of the Aircraft) and at all times thereafter to remain duly registered in compliance (provided the Lessor or its designee is eligible to be the registered owner of the Aircraft) with all Finnish registration and airworthiness requirements or those of any other Applicable Jurisdiction, as the case may be. The Lessee agrees that permit the Airframe and each Engine to be so utilized. Lessee will not comply in all material respects with all airworthiness directives, mandatory notes or modifications or similar requirements affecting the same (including those issued by the manufacturer or supplier) in such condition so as to comply with this Lease and the rules and regulations of the FAA from time to time in force and applicable to the Aircraft and Engines. Neither the Airframe nor any Engine will be maintained, serviced, repaired, overhauled, tested, used or operated: (A) operated in violation of any law or any rule, regulation or order of any government or governmental authority having jurisdiction (domestic or foreign) or other Applicable Law ), or in violation of any airworthiness certificate, license or registration relating to the airworthiness certificates Airframe or such Engine issued by any such authority, and in the event that such laws, rules, regulations or orders require alteration of the Aircraft; Airframe or any Engine, Lessee, at its own cost and expense, will conform thereto or obtain conformance therewith and will maintain the same in proper operating condition under such laws, rules, regulations and orders, provided, however, that Lessee may, in good faith (Bafter having delivered to Lessor and Agent an Officers' Certificate stating the facts with respect thereto), contest the validity or application of any such law, rule, regulation or order in any reasonable manner which does not, in Lessor's and Agent's opinion (in their sole discretion), adversely affect the interests of Lessor, Agent or any Lender. Lessee will not operate, use or locate the Airframe or any Engine, (I) in any area in which any insurance required to be maintained pursuant to Section 14 shall not be at the time in full force and effect, or in any area excluded from coverage byby an insurance policy in effect with respect to the Airframe or such Engine, except in the case of a requisition for use by the United States of America, and then only if Lessee obtains indemnity in lieu of such insurance from the United States of America against the risks and in the amounts required by said Section covering such area, or in any manner or for any purpose inconsistent with the terms of, any insurance required by the terms of Section 11 hereof; or (CII) in any recognized or threatened area of hostilities unless fully covered the Airframe or such Engine is operated or used under contract with the Government of the United States of America under which contract that Government assumes liabilities for any damages, loss, destruction or failure to return possession of the Lessor's satisfaction by war risk insurance.Airframe or such Engine at the end of the term of such contract and for injury to persons or damage to property of others. Lessee shall not use the Aircraft nor suffer it to be used in any manner or for any purpose excepted from any of the insurance on or in respect of the Aircraft or for the purpose of carriage of goods of any description excepted from such insurance nor do, or permit to be

Appears in 1 contract

Samples: Lease Agreement (Atlas Air Inc)

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