Substitute Engine Sample Clauses
The Substitute Engine clause establishes the conditions under which a replacement engine may be provided or used in place of the original engine specified in an agreement. Typically, this clause outlines the requirements for the substitute engine, such as compatibility, performance standards, and approval procedures, and may address issues like responsibility for costs, maintenance, and return of the original engine. Its core practical function is to ensure operational continuity in situations where the original engine is unavailable, thereby minimizing downtime and clarifying the parties' rights and obligations regarding engine substitution.
Substitute Engine. In the event any engine not owned by Lessor shall be redelivered on any Return Occasion, without limiting Lessee's obligations under the Tax Indemnification Agreement, such engine shall be of the same model and equivalent modification status as the Engine or, at Lessee's option, an IAE engine of an improved model suitable for installation and use on an Airframe without diminishing the value, remaining useful life or utility of such Airframe, in each such case having a value, remaining useful life and utility at least equal to (as determined in accordance with the Appraisal Procedure), and be in an operating condition as good as the Engine, assuming the Engine was in the condition and repair as required by the terms hereof immediately prior to such termination and shall conform to the return condition requirements set forth in this Section 16 and Exhibit E, and Lessee, at its own expense and concurrently with such delivery, shall cause such engine to become an Engine by complying with Section 11(b) hereof. Lessee's obligation to comply with the terms of this Section 16(c) shall be conditioned on Lessor's transferring to Lessee all of Lessor's right, title and interest in and to any such Engine at the Return Occasion "AS IS, WHERE IS," without any representation, warranty or recourse of any kind whatsoever, express or implied, except a warranty that such Engine is free and clear of Lessor's Liens.
Substitute Engine. 83 (d) Records and Documents..................................... 83 (e) Condition of Engine....................................... 85 (f) Final Inspection.......................................... 85 (g) Engine Records and Documents.............................. 86 (h) Corrections and Subsequent Corrections............................................... 86 (i) [Intentionally Left Blank]................................ 86 (j) Exportation of the Engine................................. 86 (k) Service Bulletin and Modification Kits...................................................... 87 (l) Storage Upon Return....................................... 87 (m) Resale/Release Cooperation................................ 87 Section 17.E▇▇▇▇▇ ▇▇ Default................................................. 87 Section 18.Remedies.......................................................... 90
Substitute Engine. (a) Notwithstanding anything to the contrary in this Lease, Lessor will provide Lessee with a serviceable replacement engine (the “Substitute Engine”) in lieu of Lessee performing any Major Maintenance Event for an Engine hereunder, as follows: (i) during the Term, Lessee agrees to provide Lessor with ninety (90) days’ advance written notice (the “Removal Notice”) of any upcoming scheduled removal of any Engine due to such Engine requiring Engine Refurbishment, for reasons other than (A) faulty or improper maintenance or installation, (B) Lessee not adhering to Manufacturer’s recommendations, (C) operational mishandling, accident or other accidental cause, (D) an Event of Default, or (E) FOD (an “Unserviceability Issue”).
(b) If Lessor provides a Substitute Engine in lieu of the affected original Engine (the “Original Engine”), Lessor shall within thirty (30) days of the Removal Notice notify the Lessee in writing of the same and provide all available information in respect of the proposed Substitute Engine to evidence the technical condition of such Substitute Engine (the “Substitute Engine Notice”).
(c) Each Substitute Engine will:
(i) be serviceable with no adverse trend and no on-watch items;
(ii) have enough anticipated life remaining to be expected to remain on-wing until the earlier of (a) two (2) years from installation or (b) the Expiry Date (based on the average utilization for the prior 12 month period);
(iii) have a remaining hot day takeoff EGT margin sufficient to permit the operation of such Engine on-wing until the earlier of (a) two (2) years from installation or (b) the Expiry Date (based on the average utilization for the prior 12-month period);
(iv) not have suffered a stepped deterioration in performance since its last Engine Refurbishment such that such replacement engine would be expected to remain on-wing until the earlier of (a) two (2) years from installation or (b) the Expiry Date (based on the average utilization for the prior 12-month period); and ALA MSN 2851 – Global Crossing Airlines
(v) otherwise meet the Engine related delivery requirements set forth in Schedule 1.
(d) Provided the Substitute Engine meets the criteria set forth in subclause (c) (which may be verified by Lessee by reviewing the results of a completed up-to-date full video borescope and power assurance run of such engine), Lessee shall confirm to the same to Lessor in writing within fifteen (15) days of receipt of the Substitute Engine Notice and Lessor shal...
Substitute Engine. This Section 5(P) shall only apply with respect to the CRJ-700 Additional Aircraft and the CRJ-900 Tranche 1 Additional Aircraft and only so long as a CRJ-700 Additional Aircraft Engine or a CRJ-900 Tranche 1 Additional Aircraft Engine is leased under a separate, stand alone engine lease agreement. If (x) any airframe associated with such a Dual-Class Additional Aircraft or if any such Dual Class Additional Aircraft is the subject of an “event of loss” under and as defined in the lease for such Dual Class Additional Aircraft between Delta (or an affiliate of Delta) and SkyWest of XJet, as applicable, and (y) at the time of such event of loss, an engine owned or leased (other than, in the case of a lease, a Dual-Class Additional Aircraft Engine) by SkyWest or XJet, as applicable, is installed on such Dual Class Additional Aircraft and such engine is also the subject of a simultaneous event of loss as such term is defined in the applicable financing documents for such engine (and “Unrelated Engine”), then, within [***] after Delta’s (or its affiliate’s) receipt of the full amount of the required insurance proceeds stipulated in the lease for the Dual Class Additional Aircraft on which such Unrelated Engine was installed at the time of the event of loss, Delta shall, at its sole discretion, either (i) pay SkyWest, or XJet, the applicable insurance proceeds related to such Unrelated Engine, or (ii) transfer title to an engine of the same make and model and having a value and utility at least equal to the Unrelated Engine (determined without regard to hours or cycles remaining until the next scheduled overhaul), and which is suitable for installation and use on an airframe associated with a Dual Class Additional Aircraft, to SkyWest or XJet, as applicable, free and clear of all liens and, simultaneously, SkyWest or XJet, as applicable, shall transfer title to the Unrelated Engine which suffered the event of loss to Delta free and clear of all liens.
Substitute Engine. In the event any engine not owned by Lessor shall be redelivered on any Return Occasion, without limiting Lessee's obligations under the Tax Indemnification Agreement, such engine shall be of the same model and equivalent modification status as the Engine or, at Lessee' option, an IAE engine of an improved model suitable for installation and use on an Airframe without diminishing the value, remaining useful life or utility of such Airframe, in each such case having a value, remaining useful life and utility at least equal to (as determined in accordance with the Appraisal Procedure), and be in an operating condition as good as the Engine, assuming the Engine was in the condition and repair as required by the