Common use of Surviving Engine Clause in Contracts

Surviving Engine. If a Total Loss of the Airframe occurs and any Engine or Engines (a “Surviving Engine”) has not become a Total Loss, Lessor, at the request of Lessee, will, subject to any applicable insurance policy which provides to the contrary, transfer to Lessee free and clear of all rights of Lessor and all Lessor’s Liens (but otherwise without recourse or warranty), all of Lessor’s right, title and interest, if any, in and to any such Surviving Engine; as long as, prior to transferring such right, title and interest in such Surviving Engine, Lessor will have received either: (a) the Agreed Value of the Aircraft; or (b) written confirmation from the insurer of the Aircraft to the effect that such insurer will pay to Lessor the Agreed Value of the Aircraft.

Surviving Engine. If a Total Loss of the Airframe occurs and any Engine or Engines (a “Surviving Engine”) has shall not have become a Total Loss, Lessor, at the request of Lessee, willshall, subject to any applicable insurance policy which provides to the contrary, and AIRCRAFT LEASE AGREEMENT 42 MSN further subject to any applicable requirements of the Delta Engine Program, transfer to Lessee free and clear of all rights of Lessor and all Lessor’s Liens (but otherwise without recourse or warranty), all of Lessor’s right, title and interest, if any, in and to any such Surviving Engine; as long asprovided, that prior to transferring such right, title and interest in such Surviving Engine, Lessor will shall have received either: either (a1) the Agreed Value of the Aircraft; Aircraft or (b2) written confirmation from the insurer of the Aircraft to the effect that such insurer will pay to Lessor the Agreed Value of the Aircraft.