Common use of Operator's responsibility Clause in Contracts

Operator's responsibility. 2.5.1 In case of defects or deficiencies in the design or manufacture of the Supplies by the OEM Operator agrees to exercise all commercially reasonable endeavours to assist and allow MTU-M to recover from the OEM all cost and expenses associated with any measure taken by MTU-M to rectify or repair such defects and deficiencies. 2.5.2 Operator shall use all commercially reasonable endeavours to increase the on-wing time of the Engines under consideration of reliability and costs in cooperation with MTU-M. Moreover, Operator agrees to cooperate with MTU-M with respect to the determination of the optimum removal date for each eligible Engine. For the avoidance of doubt it is expressly agreed by the Parties that nothing contained herein shall limit or shall be construed as limiting Operator's airworthiness responsibilities (which shall be paramount). 2.5.3 Operator will report to MTU-M by the tenth (10th) day of each month the Engine Flight Hours (EFH) of the preceding month for each Engine. 2.5.4 Operator will report to MTU-M each month the Engine on-wing data in order to allow MTU-M to evaluate those data by MTU-M's engineering personnel. 2.5.5 Operator agrees to assign all assignable and unexpired maintenance related guarantees, warranties or other remedies specified in the general terms agreement between Operator and the OEM regarding the sale of the Engines, in particular any of the following: - New Engine Guarantee - Shop Visit Rate Guarantee - EGT Guarantee - Campaign Change Allowance - New Part Warranty - FOD Guarantee - Spare Parts Warranty - Spare Engine Availability - Hot/Cold Section Guarantee - TAY630-15 Maintenance Cost Guarantee Operator agrees to use all commercially reasonable endeavours to support MTU-M in the enforcement of any assigned rights as described above. If these guarantees, warranties or other remedies cannot be assigned, Operator shall raise claims under said non-assigned guarantees, warranties or other remedies and shall to the extent recovered under the relevant warranties/guarantees transfer the economic benefit to MTU-M. 2.5.6 Operator shall maintain a spare engine level of * of its operating Engines *

Operator's responsibility. 2.5.1 In case of defects or deficiencies in the design or manufacture of the Supplies by the OEM Operator agrees to exercise all commercially reasonable endeavours to assist and allow MTU-M MTU to recover from the OEM all cost and expenses associated with any measure taken by MTU-M MTU to rectify or repair such defects and deficiencies. 2.5.2 Operator shall use all commercially reasonable endeavours to increase the on-wing time of the Engines under consideration of reliability and costs in cooperation with MTU-M. . Moreover, the Operator agrees to cooperate with MTU-M MTU with respect to the determination of the optimum removal date for each eligible Engine. For the avoidance of doubt it is expressly agreed by the Parties that nothing contained herein shall limit or shall be construed as limiting Operator's airworthiness responsibilities (which shall be paramount). 2.5.3 Operator will report to MTU-M MTU by the tenth (10th) day of each month the Engine Flight Hours (EFH) of the preceding month for each Engine. 2.5.4 Operator will report to MTU-M MTU each month the Engine on-wing data in order to allow MTU-M MTU to evaluate those data by MTU-M's engineering personnel. 2.5.5 Operator agrees to assign all assignable that MTU shall perform, at no additional charge, for and unexpired on behalf of Operator the administration of maintenance related guarantees, warranties or other remedies specified in the general terms agreement between Operator and the OEM regarding the sale of the Engines, in particular any of the following: - New Engine Guarantee - Shop Visit Rate Guarantee - EGT Guarantee - Campaign Change Allowance - New Part Warranty - FOD Guarantee - Spare Parts Warranty - Spare Engine Availability - Hot/Cold Section Guarantee - TAY630-15 V2500 Maintenance Cost Guarantee Operator agrees to use all commercially reasonable endeavours to support MTU-M MTU in the enforcement administration of any assigned rights as described above. If these such warranties and guarantees, warranties or other remedies cannot be assigned, Operator shall raise claims under said non-assigned guarantees, warranties or other remedies and shall to the extent recovered under the relevant warranties/guarantees transfer the economic benefit to MTU-M.in particular their enforcement. 2.5.6 Operator shall maintain a the following V2500-A5 spare engine level Engine level: quantity quantity quantity year of * Aircraft of its operating installed of spare Engines *Engines --------- ----------- ------------ --------