Common use of WARRANTIES AND SERVICE LIFE POLICY Clause in Contracts

WARRANTIES AND SERVICE LIFE POLICY. The Seller, in its capacity as "Buyer" under its arrangements with the Manufacturer, has negotiated and obtained the following Standard Warranty, Service Life Policy, Vendor Warranties and Interface Commitment from the Manufacturer with respect to the Aircraft, subject to the terms, conditions, limitations and restrictions (including, but not limited to, the Exclusivity of Warranties and General Limitations of Liability and Duplicate Remedies provisions) all as hereinafter set out. The Seller hereby guarantees to the Buyer the performance by the Manufacturer of the Manufacturer's obligations and assigns to the Buyer, and the Buyer hereby accepts, all of the rights and obligations of the Seller in the Seller's capacity as "Buyer" as aforesaid under the said Standard Warranty, Service Life Policy, Vendor Warranties and Interface Commitment and the Seller subrogates the Buyer into all such rights and obligations in respect of the Aircraft. The Seller hereby warrants to the Buyer that the Seller has all requisite authority to make the foregoing assignment and effect the foregoing subrogation to and in favor of the Buyer and that the Seller will not enter into any amendment of the provisions so assigned without the prior written consent of the Buyer. Capitalized terms utilized in the following provisions have the meanings assigned thereto in this Agreement, except that the term "

Appears in 4 contracts

Samples: Letter Agreement (Us Airways Inc), Letter Agreement (Us Airways Inc), Letter Agreement (Us Airways Inc)

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WARRANTIES AND SERVICE LIFE POLICY. The Seller, in its capacity as "Buyer" under its arrangements with Seller represents and warrants that the Manufacturer, Manufacturer has negotiated and obtained provided to the Seller the following Standard Warranty, Service Life Policy, Vendor Supplier Warranties and Interface Commitment from the Manufacturer with respect to the Aircraft, that are reproduced below between the words QUOTE and UNQUOTE and are subject to the terms, conditions, limitations and restrictions (including, but not limited to, the Exclusivity of Warranties and General Limitations of Liability and Duplicate Remedies provisions) all as hereinafter set out, and that the same are in full force and effect and have not been amended. The Seller hereby guarantees to the Buyer the performance by the Manufacturer of the Manufacturer's obligations and assigns to the Buyer, and the Buyer hereby accepts, all of the Seller’s rights and obligations of as the Seller in the Seller's capacity as "Buyer" as aforesaid under the said Standard Warranty, Service Life Policy, Vendor Supplier Warranties and Interface Commitment Commitment, and the Seller subrogates the Buyer into to all such rights and obligations in respect of the Aircraft. The Seller hereby warrants to the Buyer that the Seller (i) it has all requisite authority to make the foregoing assignment to and to effect the foregoing subrogation to and in favor of the Buyer, (ii) such assignment and subrogation are effective to confer on the Buyer all of the foregoing rights and that obligations of the Seller, and (iii) the Seller will not enter into any amendment of the provisions so assigned without the prior written consent of the Buyer. Capitalized terms utilized It is understood that, in the following provisions below between the words QUOTE and UNQUOTE, capitalized terms have the meanings assigned thereto in this Agreement, except that (i) the term "“Seller,” which means the Manufacturer as between the Manufacturer and the Seller, also means the Manufacturer in this Agreement, and (ii) the term “Buyer,” which means the Seller as between the Manufacturer and the Seller, means the Buyer in this Agreement. QUOTE

Appears in 2 contracts

Samples: Family Purchase Agreement (Spirit Airlines, Inc.), Letter Agreement (Spirit Airlines, Inc.)

WARRANTIES AND SERVICE LIFE POLICY. The Seller, in its capacity as "Buyer" under its arrangements with Seller represents and warrants that the Manufacturer, Manufacturer has negotiated and obtained provided to the Seller the following Standard Warranty, Service Life Policy, Vendor Supplier Warranties and Interface Commitment from the Manufacturer with respect to the Aircraft, that are reproduced below between the words QUOTE and UNQUOTE and are subject to the terms, conditions, limitations and restrictions (including, but not limited to, the Exclusivity of Warranties and General Limitations of Liability and Duplicate Remedies provisions) all as hereinafter set out, and that the same are in full force and effect and have not been amended. The Seller hereby guarantees to the Buyer the performance by the Manufacturer of the Manufacturer's obligations and assigns to the Buyer, and the Buyer hereby accepts, all of the Seller's rights and obligations of as the Seller in the Seller's capacity as "Buyer" as aforesaid under the said Standard Warranty, Service Life Policy, Vendor Supplier Warranties and Interface Commitment Commitment, and the Seller subrogates the Buyer into to all such rights and obligations in respect of the Aircraft. The Seller hereby warrants to the Buyer that the Seller (i) it has all requisite authority to make the foregoing assignment to and to effect the foregoing subrogation to and in favor of the Buyer, (ii) such assignment and subrogation are effective to confer on the Buyer all of the foregoing rights and that obligations of the Seller, and (iii) the Seller will not enter into any amendment of the provisions so assigned without the prior written consent of the Buyer. Capitalized terms utilized It is understood that, in the following provisions below between the words QUOTE and UNQUOTE, capitalized terms have the meanings assigned thereto in this Agreement, except that (i) the term "Seller," which means the Manufacturer as between the Manufacturer and the Seller, also means the Manufacturer in this Agreement, and (ii) the term "Buyer," which means the Seller as between the Manufacturer and the Seller, means the Buyer in this Agreement. QUOTE

Appears in 1 contract

Samples: Family Purchase Agreement (Spirit Airlines, Inc.)

WARRANTIES AND SERVICE LIFE POLICY. The Seller, in its capacity as "Buyer" under its arrangements with Seller represents and warrants that the Manufacturer, Manufacturer has negotiated and obtained provided to the Seller the following Standard Warranty, Service Life Policy, Vendor Supplier Warranties and Interface Commitment from the Manufacturer with respect to the Aircraft, subject to the terms, conditions, limitations and restrictions (including, but not limited to, the Exclusivity of Warranties and General Limitations of Liability and Duplicate Remedies provisions) all as hereinafter set out, and that the same are in full force and effect and have not been amended. The Seller hereby guarantees to the Buyer the performance by the Manufacturer of the Manufacturer's obligations and assigns to the Buyer, and the Buyer hereby accepts, all of the Seller's rights and obligations of as the Seller in the Seller's capacity as "Buyer" as aforesaid under the said Standard Warranty, Service Life Policy, Vendor Supplier Warranties and Interface Commitment Commitment, and the Seller subrogates the Buyer into to all such rights and obligations in respect of the Aircraft. The Seller hereby warrants to the Buyer that the Seller (i) it has all requisite authority to make the foregoing assignment to and to effect the foregoing subrogation to and in favor of the Buyer, (ii) such assignment and subrogation are effective to confer on the Buyer all of the foregoing rights and that obligations of the Seller, and (iii) the Seller will not enter into any amendment of the provisions so assigned without the prior written consent of the Buyer. Capitalized terms utilized It is understood that, in the following provisions below between the words QUOTE and UNQUOTE, capitalized terms have the meanings assigned thereto in this Agreement, except that (i) the term "Seller," which means the Manufacturer as between the Manufacturer and the Seller, also means the Manufacturer in this Agreement, and (ii) the term "Buyer," which means the Seller as between the Manufacturer and the Seller, means the Buyer in this Agreement.

Appears in 1 contract

Samples: A319 Purchase Agreement (Frontier Airlines Inc /Co/)

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WARRANTIES AND SERVICE LIFE POLICY. The Seller, in its capacity as "Buyer" under its arrangements with Seller represents and warrants that the Manufacturer, Manufacturer has negotiated and obtained provided to the Seller the following Standard Warranty, Service Life Policy, Vendor Supplier Warranties and Interface Commitment from the Manufacturer with respect to the Aircraft, subject to the terms, conditions, limitations and restrictions (including, but not limited to, the Exclusivity of Warranties and General Limitations of Liability and Duplicate Remedies provisions) all as hereinafter set out, and that the same are in full force and effect and have not been amended. The Seller hereby guarantees to the Buyer the performance by the Manufacturer of the Manufacturer's obligations and assigns to the Buyer, and the Buyer hereby accepts, all of the Seller's rights and obligations of as the Seller in the Seller's capacity as "Buyer" as aforesaid under the said Standard Warranty, Service Life Policy, Vendor Supplier Warranties and Interface Commitment Commitment, and the Seller subrogates the Buyer into to all such rights and obligations in respect of the Aircraft. The Seller hereby warrants to the Buyer that the Seller (i) it has all requisite authority to make the foregoing assignment to and to effect the foregoing subrogation to and in favor of the Buyer, (ii) such assignment and subrogation are effective to confer on the Buyer all of the foregoing rights and that obligations of the Seller, and (iii) the Seller will not enter into any amendment of the provisions so assigned without the prior written consent of the Buyer. Capitalized terms utilized It is understood that, in the following provisions below between the words QUOTE and UNQUOTE, capitalized terms have the meanings assigned thereto in this Agreement, except that (i) the term "Seller," which means the Manufacturer as between the Manufacturer and the Seller, also means the Manufacturer in this Agreement, and (ii) the term "Buyer," which means the Seller as between the Manufacturer and the Seller, means the Buyer in this Agreement. QUOTE

Appears in 1 contract

Samples: License Agreement (Fedex Corp)

WARRANTIES AND SERVICE LIFE POLICY. The Seller, in its capacity as "Buyer" under its arrangements with Seller represents and warrants that the Manufacturer, Manufacturer has negotiated and obtained provided to the Seller the following Standard Warranty, Service Life Policy, Vendor Supplier Warranties and Interface Commitment from the Manufacturer with respect to the Aircraft, which are reproduced below between the words QUOTE and UNQUOTE and which are subject to the terms, conditions, limitations and restrictions (including, but not limited to, the Exclusivity of Warranties and General Limitations of Liability and Duplicate Remedies provisions) all as hereinafter set out, and that the same are in full force and effect and have not been amended. The Seller hereby guarantees to the Buyer the performance by the Manufacturer of the Manufacturer's obligations and assigns to the Buyer, and the Buyer hereby accepts, all of the Seller’s rights and obligations of as the Seller in the Seller's capacity as "Buyer" as aforesaid under the said Standard Warranty, Service Life Policy, Vendor Supplier Warranties and Interface Commitment Commitment, and the Seller subrogates the Buyer into to all such rights and obligations in respect of the Aircraft. The Seller hereby warrants to the Buyer that the Seller (i) it has all requisite authority to make the foregoing assignment to and to effect the foregoing subrogation to and in favor of the Buyer, (ii) such assignment and subrogation are effective to confer on the Buyer all of the foregoing rights and that obligations of the Seller, and the Seller is bound by said assignment and subrogation (iii) the Seller will not enter into any amendment of the provisions so assigned without the prior written consent of the Buyer. Capitalized The provisions below between the words QUOTE and UNQUOTE reflect the Warranty, Service Life Policy, Supplier Warranties, and Interface Commitment that the Manufacturer has provided to the Seller with respect to the Aircraft. In the provisions below between the words QUOTE and UNQUOTE, capitalized terms utilized in the following provisions have the meanings assigned thereto in this Agreement, except that the term "“Buyer” therein refers to the Seller, and the term “Seller” therein refers to the Manufacturer. Once the assignment contemplated hereby is made, the term “Buyer” will in the context of such assignment refer to the Buyer herein (i.e., Atlantic Coast Airlines) and in the context of such assignment the term “Seller” will refer to the Manufacturer. QUOTE

Appears in 1 contract

Samples: Letter Agreement (Flyi Inc)

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