Return Conditions. Upon the withdrawal from the capacity purchase provisions of this Agreement of a Covered Aircraft that is being returned to Continental (or its designee) pursuant to this Section 2.02, the Covered Aircraft Sublease with respect to such aircraft shall be terminated upon the date of such withdrawal, and Contractor shall not be required to meet the return conditions applicable to such aircraft that relate to time or cycles remaining between maintenance events or to any time- or cycle-controlled part under clause (v) of Section 4 of the Covered Aircraft Sublease; provided that Contractor shall remain obligated to comply with all other provisions of the Covered Aircraft Sublease applicable at the time, including without limitation provisions generally applicable to the maintenance, airworthiness, repair and general operating condition and cleanliness of the aircraft; and provided further, that the general condition of the Covered Aircraft being returned to Continental shall not have materially changed relative to the condition of Contractor's fleet of the same aircraft type since the related notice of withdrawal was delivered by Continental to Contractor pursuant to Section 2.02(a), and the withdrawn aircraft being returned to Continental shall not have been discriminated against or operated, maintained or otherwise treated differently (including with respect to the removal of any part for convenience or without cause) than any other Covered Aircraft.
Appears in 3 contracts
Sources: Capacity Purchase Agreement (Continental Airlines Inc /De/), Capacity Purchase Agreement (Expressjet Holdings Inc), Capacity Purchase Agreement (Expressjet Holdings Inc)