Common use of SUPPLIER’S WARRANTIES Clause in Contracts

SUPPLIER’S WARRANTIES. So long as a Default or an Event of Default has not occurred and is continuing and provided that the Aircraft continues to be maintained, modified and repaired as required hereunder, Lessor hereby assigns or, if by their terms not assignable, agrees otherwise to make available to Lessee the right to exercise in Lessee's name such rights as Lessor may have or may subsequently obtain (but without representation or warranty by or recourse to Lessor) with respect to any product warranty, service life policy, trademark, patent or copyright infringement indemnity, or airframe or propulsion system performance guaranty, of Airbus Industrie, the Manufacturer's Subsidiary, IAE or any subcontractor or vendor with respect thereto under the Purchase Agreement (except those which were given directly to Parent, the Original Head Lessee or any of their Affiliates and are not directly related to the operator's use of the Aircraft), to the extent that the same may be assigned or otherwise made available to Lessee, and Lessor agrees to exert its reasonable efforts, at Lessee's expense and upon its request, to enforce such rights as Lessor may have with respect thereto for the benefit of Lessee; provided, however, that upon and during the continuance of a Default or an Event of Default, such assignment or other rights which are otherwise made available to Lessee shall immediately and automatically without further action be deemed cancelled and, to the extent of any remaining interest held by Lessee, deemed reassigned to Lessor and all such rights shall revert to Lessor automatically including all claims thereunder whether or not perfected and all amounts payable shall be paid to and held by Lessor. In no event, however, shall Lessee have any right to amend, supplement or otherwise modify the Purchase Agreement (by change order or otherwise). In connection with the foregoing, Lessee agrees to be bound by and comply with all applicable terms, conditions and limitations of the provisions of the Purchase Agreement.

SUPPLIER’S WARRANTIES. So long as a Default or an Event of Default has not occurred and is continuing and provided that the Aircraft Engine continues to be maintained, modified and repaired as required hereunder, Lessor hereby assigns or, if by their terms not assignable, agrees otherwise to make available to Lessee the right to exercise in Lessee's name such rights as Lessor may have or may subsequently obtain (but without representation or warranty by or recourse to Lessor) with respect to any product warranty, service life policy, trademark, patent or copyright infringement indemnity, or airframe or propulsion system performance guaranty, of Airbus Industrie, the Manufacturer or Manufacturer's Subsidiarysubsidiary, IAE if any, or any subcontractor or vendor with respect thereto under the Purchase Agreement Documents (except those which were given directly to Parent, the Original Head Lessee or any of their Affiliates and are not directly related to the operator's use of the AircraftEngine), to the extent that the same may be assigned or otherwise made available to Lessee, and Lessor agrees to exert its reasonable efforts, at Lessee's expense and upon its request, to enforce such rights as Lessor may have with respect thereto for the benefit of Lessee; provided, however, that upon and during the continuance of a Default or an Event of Default, such assignment or other rights which are otherwise made available to Lessee shall immediately and automatically without further action be deemed cancelled and, to the extent of any remaining interest held by Lessee, deemed reassigned to Lessor and all such rights shall revert to Lessor automatically including all claims thereunder whether or not perfected and all amounts payable shall be paid to and held by Lessor. In no event, however, shall Lessee have any right to amend, supplement or otherwise modify the Purchase Agreement (by change order or otherwise). In connection with the foregoing, Lessee agrees to be bound by and comply with all applicable terms, conditions and limitations of the provisions of the Purchase Agreement.

SUPPLIER’S WARRANTIES. So long as a Default or an Event of Default has not occurred and is continuing and provided that the Aircraft continues to be maintained, modified and repaired as required hereunder, Lessor hereby assigns or, if by their terms not assignable, agrees otherwise to make available to Lessee the right to exercise in Lessee's name such rights as Lessor may have or may subsequently obtain (but without representation or warranty by or recourse to Lessor) with respect to any product warranty, service life policy, trademark, patent or copyright infringement indemnity, or airframe or propulsion system performance guaranty, of Airbus Industrie, the Manufacturer's Subsidiary, IAE or any subcontractor or vendor with respect thereto under the Purchase Agreement (except those which were given directly to Parent, the Original Head Lessee or any of their Affiliates and are not directly related to the operator's use of the Aircraft), to the extent that the same may be assigned or otherwise made available to Lessee, and Lessor agrees to exert its reasonable efforts, at Lessee's expense and upon its request, to enforce such rights as Lessor may have with respect thereto for the benefit of Lessee; provided, however, that upon and during the continuance of a Default or an Event of Default, such assignment or other rights which are otherwise made available to Lessee shall immediately and automatically without further action be deemed cancelled and, to the extent of any remaining interest held by Lessee, deemed reassigned to Lessor and all such rights shall revert to Lessor automatically including all claims thereunder whether or not perfected and all amounts payable shall be paid to and held by Lessor. In no event, however, shall Lessee have any right to amend, supplement or otherwise modify the Purchase Agreement (by change order or otherwise). In connection with the foregoing, Lessee agrees to be bound by and comply with all applicable terms, conditions and limitations of the provisions of the Purchase Agreement.remaining

SUPPLIER’S WARRANTIES. So long as a Default or an Event of Default has not occurred and is continuing and provided that the Aircraft continues to be maintained, modified and repaired as required hereunder, Lessor hereby assigns or, if by their terms not assignable, agrees otherwise to make available to Lessee the right to exercise in Lessee's name such rights as Lessor may have or may subsequently obtain (but without representation or warranty by or recourse to Lessor) with respect to any and all warranties, representations, services, policies and product warranty, service life policy, trademark, patent or copyright infringement indemnity, or airframe or propulsion system performance guaranty, support plans of Airbus Industrie, the Manufacturer's Subsidiary, IAE Manufacturer or any subcontractor subcontractor, vendor or vendor with respect thereto under the Purchase Agreement (except those which were given directly to Parent, the Original Head Lessee supplier of any Equipment or any of their Affiliates and are not directly related to the operator's use of the Aircraft)part hereof. Lessor authorizes Lessee, to the extent that the same it may be assigned or otherwise made available to Lessee, and Lessor agrees to exert its reasonable efforts, at Lessee's expense and upon its requestlegally do so, to enforce in its own name such rights rights, claims and interests as Lessor or Beneficiary may have with under any warranty, representation, service policy or product support plan of Manufacturer or any subcontractor, vendor or supplier of any Equipment, or part thereof, and to retain any benefit resulting therefrom to the extent the same relates to Lessee's interests in the Equipment under this Lease and is not compensation in respect thereto for of work performed on the benefit of LesseeAircraft prior to the Delivery Date; provided, however, notwithstanding anything herein to the contrary, if at any time an Event of Default shall have occurred and be continuing: (i) at Beneficiary's option, the authorization hereby given to Lessee may be suspended until such time as no Event of Default which has occurred is then continuing or terminated when the Lease is terminated and Beneficiary shall be entitled to assert and enforce such rights, claims and interests, whether as substitute party plaintiff or otherwise, and Lessee shall cooperate with Beneficiary to enforce such rights, claims and interests and (ii) whether or not Beneficiary exercises its option under clause (i) above, Beneficiary shall be entitled to receive all proceeds resulting from any such assertion or enforcement or rights, claims or interests and, after deducting from the proceeds thereof all costs and expenses, including attorneys' fees that upon and during have been incurred by Beneficiary in connection therewith, Beneficiary may hold the continuance remaining proceeds until Lessee shall have cured, or Beneficiary in writing shall have waived, all Events of a Default Default, or at Beneficiary's option, if there is in existence an Event of Default, apply all or any such assignment or other rights which are otherwise made available remaining proceeds to the payment of any obligation of Lessee at the time due hereunder and the balance, if any, shall be payable to Lessee when Lessee shall immediately have cured, or Beneficiary shall have waived, all Events of Default. The assignment and automatically without further action be deemed cancelled and, authorization hereby given as to the extent of any remaining interest held by Lessee, deemed reassigned to Lessor and all such rights shall revert to Lessor automatically including all claims thereunder whether or not perfected and all amounts payable Equipment shall be paid effective so long, and only so long, as such Equipment shall be subject to this Lease; provided, that Lessee may pursue claims after the end of the Term against maintenance providers subject to the same conditions set forth above in this Article 4.3; and held by Lessor. In no event, however, provided further that the assignment and authorization shall Lessee have be permanent and free of all conditions with respect to any right item of Equipment which ceases to amend, supplement be subject to this Lease Agreement as the result of replacement or otherwise modify the Purchase Agreement (by change order or otherwise). In connection substitution in accordance with the foregoing, Lessee agrees to be bound by and comply with all applicable terms, conditions and limitations of the provisions of the Purchase Agreementterms hereof.