Common use of THE LESSEE Clause in Contracts

THE LESSEE. EXPRESSLY AGREES AND ACKNOWLEDGES THAT, SAVE ONLY AS PROVIDED IN CLAUSE 6.1 AND CLAUSE 2.5, NO WARRANTY OR REPRESENTATION OF ANY KIND IS OR HAS BEEN GIVEN BY OR ON BEHALF OF THE LESSOR IN RESPECT OF THE AIRCRAFT OR ANY PART THEREOF AND, ACCORDINGLY, THE LESSEE CONFIRMS THAT IT HAS NOT, IN ENTERING INTO THIS AGREEMENT, RELIED ON ANY WARRANTY OR REPRESENTATION BY THE LESSOR OR ANY PERSON ON THE LESSOR'S BEHALF, EXPRESS OR IMPLIED, WHETHER ARISING BY LAW OR OTHERWISE IN RELATION TO THE AIRCRAFT OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR REPRESENTATIONS AS TO THE DESCRIPTION, AIRWORTHINESS, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, VALUE, CONDITION, DESIGN OR OPERATION OF ANY KIND OR NATURE OF THE AIRCRAFT OR ANY PART THEREOF, AND THE BENEFIT OF ANY SUCH WARRANTY OR REPRESENTATION BY THE LESSOR IS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVED BY THE LESSEE. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE LESSEE HEREBY ALSO WAIVES ANY RIGHTS WHICH IT MAY HAVE IN TORT IN RESPECT OF ANY OF THE MATTERS REFERRED TO ABOVE AND IRREVOCABLY AGREES THAT THE LESSOR SHALL HAVE NO GREATER LIABILITY TO LESSEE IN TORT IN RESPECT OF ANY SUCH MATTER THAN IT WOULD HAVE IN CONTRACT AFTER TAKING ACCOUNT OF ALL OF THE FOREGOING EXCLUSIONS. NO THIRD PARTY MAKING ANY REPRESENTATION OR WARRANTY RELATING TO THE AIRCRAFT OR ANY PART THEREOF IS THE AGENT OF THE LESSOR NOR HAS ANY SUCH THIRD PARTY AUTHORITY TO BIND THE LESSOR THEREBY. NOTWITHSTANDING ANYTHING CONTAINED ABOVE, NOTHING CONTAINED HEREIN IS INTENDED TO OBVIATE, REMOVE OR WAIVE ANY RIGHTS OF WARRANTY OR OTHER CLAIMS RELATING THERETO WHICH THE LESSEE OR THE LESSOR MAY HAVE AGAINST THE MANUFACTURER OR SUPPLIER OF THE AIRCRAFT (INCLUDING ANY ENGINE OR PART THEREOF) OR ANY THIRD PARTY.

THE LESSEE. EXPRESSLY AGREES AND ACKNOWLEDGES THAT, SAVE ONLY AS EXPRESSLY PROVIDED IN CLAUSE CLAUSES 6.1 AND CLAUSE 2.56.2, NO CONDITION, WARRANTY OR REPRESENTATION OF ANY KIND IS OR HAS BEEN GIVEN BY OR ON BEHALF OF THE LESSOR IN RESPECT OF THE AIRCRAFT OR ANY PART THEREOF ANDTHEREOF, ACCORDINGLY, AND ACCORDINGLY THE LESSEE CONFIRMS THAT IT HAS NOT, IN ENTERING INTO THIS AGREEMENT, RELIED ON ANY CONDITION, WARRANTY OR REPRESENTATION BY THE LESSOR OR ANY PERSON ON THE LESSOR'S BEHALF, EXPRESS OR IMPLIED, WHETHER ARISING BY LAW OR OTHERWISE IN RELATION TO THE AIRCRAFT OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, WARRANTIES (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR REPRESENTATIONS AS TO THE DESCRIPTION, AIRWORTHINESS, MERCHANTABILITY, FITNESS FOR ANY A PARTICULAR PURPOSE, VALUE, CONDITION, DESIGN DESIGN, USE OR OPERATION OF THE AIRCRAFT; (B) ANY KIND IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR NATURE USAGE FOR TRADE; (C) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE ACTUAL OR IMPUTED NEGLIGENCE OR BREACH OF STATUTORY DUTY ON THE PART OF THE AIRCRAFT LESSOR, ITS DIRECTORS, SERVANTS OR AGENTS; AND (D) ANY PART THEREOFOBLIGATION, AND THE BENEFIT LIABILITY, RIGHT, CLAIM OR REMEDY OR LOSS OF OR DAMAGE TO ANY SUCH WARRANTY TANGIBLE OR REPRESENTATION BY THE LESSOR IS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVED BY THE LESSEE. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWINTANGIBLE THING, THE LESSEE HEREBY ALSO WAIVES FOR LOSS OF USE, REVENUE OR PROFIT OR FOR ANY RIGHTS WHICH IT MAY HAVE IN TORT IN RESPECT OF ANY OF THE MATTERS REFERRED TO ABOVE AND IRREVOCABLY AGREES THAT THE LESSOR SHALL HAVE NO GREATER LIABILITY TO LESSEE IN TORT IN RESPECT OF ANY SUCH MATTER THAN IT WOULD HAVE IN CONTRACT AFTER TAKING ACCOUNT OF ALL OF THE FOREGOING EXCLUSIONS. NO THIRD PARTY MAKING ANY REPRESENTATION OR WARRANTY RELATING TO THE AIRCRAFT OR ANY PART THEREOF IS THE AGENT OF THE LESSOR NOR HAS ANY SUCH THIRD PARTY AUTHORITY TO BIND THE LESSOR THEREBY. NOTWITHSTANDING ANYTHING CONTAINED ABOVE, NOTHING CONTAINED HEREIN IS INTENDED TO OBVIATE, REMOVE OR WAIVE ANY RIGHTS OF WARRANTY OR OTHER CLAIMS RELATING THERETO WHICH THE LESSEE OR THE LESSOR MAY HAVE AGAINST THE MANUFACTURER OR SUPPLIER OF THE AIRCRAFT (INCLUDING ANY ENGINE OR PART THEREOF) OR ANY THIRD PARTY, OR FOR ANY OTHER DIRECT OR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES.