Common use of Absence of Certain Duties Clause in Contracts

Absence of Certain Duties. Except in accordance with written instructions furnished pursuant to Section 5.02 hereof and except as provided in, and without limiting the generality of, Section 5.04 hereof and the last sentence of Section 9.01(b) hereof, neither the Owner Trustee nor FSB shall have any duty (i) to see to any recording or filing of any Operative Document or of any supplement to any thereof or to see to the maintenance of any such recording or filing or any other filing of reports with the Federal Aviation Administration or other governmental agencies, except that FSB, in its individual capacity, shall comply with the reporting requirements set forth in 14 C.F.R. Section 47.45 or any successor provision and the Owner Trustee shall, to the extent that information for that purpose is supplied by Lessee pursuant to any of the Operative Documents, complete and timely submit (and furnish the Owner Participant with a copy of) any and all reports relating to the Aircraft which may from time to time be required by the Federal Aviation Administration or any government or governmental authority having jurisdiction, or (ii) to see to any insurance on the Aircraft or to effect or maintain any such insurance, whether or not Lessee shall be in default with respect thereto, other than to forward to the Owner Participant copies of all reports and other written information which the Owner Trustee receives from Lessee pursuant to Section 11(c) of the Lease, (iii) to see to the payment or discharge of any tax, assessment or other governmental charge or any lien or encumbrance of any kind owing with respect to, assessed or levied against any part of the Trust Indenture Estate or the Trust Estate, except as provided in Section 8 of the Participation Agreement, or (iv) to inspect Lessee's books and records with respect to the Aircraft at any time permitted pursuant to the Lease. Notwithstanding the foregoing, the Owner Trustee will furnish to the Indenture Trustee and the Owner Participant, promptly upon receipt thereof, duplicates or copies of all reports, notices, requests, demands, certificates, financial statements and other instruments furnished to the Owner Trustee under the Lease or any other Operative Document.

Absence of Certain Duties. Except in accordance with written instructions furnished pursuant to Section 5.02 hereof 5.2 and except as provided inin Section 5.5 and 5.8, and without limiting the generality of, Section 5.04 hereof and the last sentence of Section 9.01(b) hereof, neither the Owner Indenture Trustee nor FSB shall have any no duty (ia) to see to any registration, recording or filing of any Operative Document (or of any supplement to any thereof financing or continuation statements in respect thereof) or to see to the maintenance of any such registration, recording or filing or any other filing of reports with the Federal Aviation Administration or other governmental agenciesfiling, except that FSB, in its individual capacity, shall comply with the reporting requirements set forth in 14 C.F.R. Section 47.45 or any successor provision and the Owner Trustee shall, to the extent that information for that purpose is supplied by Lessee pursuant to any of the Operative Documents, complete and timely submit (and furnish the Owner Participant with a copy of) any and all reports relating to the Aircraft which may from time to time be required by the Federal Aviation Administration or any government or governmental authority having jurisdiction, or (iib) to see to any insurance on the Aircraft Facility or the Undivided Interest or to effect or maintain any such insurance, whether (c) except as otherwise provided in Section 5.5 or not Lessee shall be in default with respect thereto, other than to forward to the Owner Participant copies of all reports and other written information which the Owner Trustee receives from Lessee pursuant to Section 11(c) 9 of the LeaseParticipation Agreement, (iii) to see to the payment or discharge of any tax, assessment or other governmental charge Tax or any lien or encumbrance Lien of any kind owing with respect to, or assessed or levied against against, any part of the Indenture Estate, (d) to confirm or verify the contents of any report, notice, request, demand, certificate, financial statement or other instrument of the Lessee, the Owner Trust Indenture Estate or the Trust EstateOwner Participant, except as provided in Section 8 of the Participation Agreement, or (ive) to inspect the Facility at any time or ascertain or inquire as to the performance or observance of any of the covenants of the Lessee's books and records , the Owner Trust or the Owner Participant with respect to the Aircraft Facility, (f) to exercise any of the trusts or powers vested in it by this Indenture or to institute, conduct or defend any litigation hereunder or in relation hereto at the request, order or direction of any time permitted of the Noteholders, pursuant to the Leaseprovisions of this Indenture, unless such Noteholders shall have provided to the Indenture Trustee reasonable security or indemnity against the costs, expenses and liabilities which may be incurred therein or thereby (which in the case of the Majority in Interest of Noteholders will be deemed to be satisfied by a letter agreement with respect to such costs from such Majority in Interest in the Noteholders); or (g) to give any bond or surety in respect of the execution of the trust fund created hereby or the powers granted hereunder. Notwithstanding the foregoing, the Owner Indenture Trustee will shall furnish to each Noteholder and to the Indenture Trustee Owner Trust and the Owner Participant, Participant promptly upon receipt thereof, thereof of duplicates or copies of all reports, notices, requests, demands, certificates, financial statements and other instruments furnished to the Indenture Trustee hereunder or under any of the Operative Documents unless the Indenture Trustee shall reasonably believe that each such Noteholder, the Owner Trustee under Trust and the Lease or any other Operative DocumentOwner Participant shall have received copies thereof.

Absence of Certain Duties. Except in accordance with written instructions furnished pursuant to Section 5.02 5.2 hereof and except as provided in, in Section 5.5 and without limiting the generality of, Section 5.04 hereof and the last sentence of Section 9.01(b) 5.8 hereof, neither the Owner Lease Indenture Trustee nor FSB shall have any no duty (ia) to see to any registration, recording or filing of any Operative Document (or of any supplement to any thereof financing or continuation statements in respect thereto) or to see to the maintenance of any such registration, recording or filing or any other filing of reports with the Federal Aviation Administration or other governmental agenciesfiling, except that FSB, in its individual capacity, shall comply with the reporting requirements set forth in 14 C.F.R. Section 47.45 or any successor provision and the Owner Trustee shall, to the extent that information for that purpose is supplied by Lessee pursuant to any of the Operative Documents, complete and timely submit (and furnish the Owner Participant with a copy of) any and all reports relating to the Aircraft which may from time to time be required by the Federal Aviation Administration or any government or governmental authority having jurisdiction, or (iib) to see to any insurance on the Aircraft Facility or the Undivided Interest or to effect or maintain any such insurance, whether (c) except as otherwise provided in Section 5.5 hereof or not Lessee shall be in default with respect thereto, other than to forward to the Owner Participant copies of all reports and other written information which the Owner Trustee receives from Lessee pursuant to Section 11(c) 10 of the LeaseParticipation Agreement, (iii) to see to the payment or discharge of any tax, assessment or other governmental charge Tax or any lien or encumbrance Lien of any kind owing with respect to, or assessed or levied against against, any part of the Trust Indenture Estate or the Trust Estate, except as provided in Section 8 (d) to confirm or verify the contents of any report, notice, request, demand, certificate, financial statement or other instrument of the Participation AgreementFacility Lessee, or (ive) to inspect the Facility at any time or ascertain or inquire as to the performance or observance of any of the Facility Lessee's books and records covenants with respect to the Aircraft Facility (f) to exercise any of the trusts or powers vested in it by this Indenture or to institute, conduct or defend any litigation hereunder or in relation hereto at the request, order or direction of any time permitted of the Noteholders, pursuant to the Leaseprovisions of this Indenture, unless such Noteholders shall have 37 42 offered to the Lease Indenture Trustee reasonable security or indemnity against the costs, expenses and liabilities which may be incurred therein or thereby (which in the case of the Majority in Interest of Noteholders will be deemed to be satisfied by a letter agreement with respect to such costs from such Majority in Interest of Noteholders). Notwithstanding the foregoing, the Owner Lease Indenture Trustee will shall furnish to each Noteholder and to the Indenture Trustee Owner Lessor and the Owner Participant, Participant promptly upon receipt thereof, thereof duplicates or copies of all reports, notices, requests, demands, certificates, financial statements and other instruments furnished to the Owner Lease Indenture Trustee hereunder or under any of the Operative Documents unless the Lease or any other Operative DocumentIndenture Trustee shall reasonably believe that each such Noteholder, the Owner Lessor and the Owner Participant shall have received copies thereof.

Absence of Certain Duties. Except in accordance with written instructions furnished pursuant to Section 5.02 5.2 hereof and except as provided in, in Section 5.5 and without limiting the generality of, Section 5.04 hereof and the last sentence of Section 9.01(b) 5.8 hereof, neither the Owner Lease Indenture Trustee nor FSB shall have any no duty (ia) to see to any registration, recording or filing of any Operative Document (or of any supplement to any thereof financing or continuation statements in respect thereto) or to see to the maintenance of any such registration, recording or filing or any other filing of reports with the Federal Aviation Administration or other governmental agenciesfiling, except that FSB, in its individual capacity, shall comply with the reporting requirements set forth in 14 C.F.R. Section 47.45 or any successor provision and the Owner Trustee shall, to the extent that information for that purpose is supplied by Lessee pursuant to any of the Operative Documents, complete and timely submit (and furnish the Owner Participant with a copy of) any and all reports relating to the Aircraft which may from time to time be required by the Federal Aviation Administration or any government or governmental authority having jurisdiction, or (iib) to see to any insurance on the Aircraft Facility or the Undivided Interest or to effect or maintain any such insurance, whether (c) except as otherwise provided in Section 5.5 hereof or not Lessee shall be in default with respect thereto, other than to forward to the Owner Participant copies of all reports and other written information which the Owner Trustee receives from Lessee pursuant to Section 11(c) 10 of the LeaseParticipation Agreement, (iii) to see to the payment or discharge of any tax, assessment or other governmental charge Tax or any lien or encumbrance Lien of any kind owing with respect to, or assessed or levied against against, any part of the Trust Indenture Estate or the Trust Estate, except as provided in Section 8 (d) to confirm or verify the contents of any report, notice, request, demand, certificate, financial statement or other instrument of the Participation AgreementFacility Lessee, or (ive) to inspect the Facility at any time or ascertain or inquire as to the performance or observance of any of the Facility Lessee's books and records covenants with respect to the Aircraft Facility (f) to exercise any of the trusts or powers vested in it by this Indenture or to institute, conduct or defend any litigation hereunder or in relation hereto at the request, order or direction of any time permitted of the Noteholders, pursuant to the Leaseprovisions of this Indenture, unless such Noteholders shall have offered to the Lease Indenture Trustee reasonable security or indemnity against the costs, expenses and liabilities which may be incurred therein or thereby (which in the case of the Majority in Interest of Noteholders will be deemed to be satisfied by a letter agreement with respect to such costs from such Majority in Interest of Noteholders). Notwithstanding the foregoing, the Owner Lease Indenture Trustee will shall furnish to each Noteholder and to the Indenture Trustee Owner Lessor and the Owner Participant, Participant promptly upon receipt thereof, thereof duplicates or copies of all reports, notices, requests, demands, certificates, financial statements and other instruments furnished to the Owner Lease Indenture Trustee hereunder or under any of the Operative Documents unless the Lease or any other Operative DocumentIndenture Trustee shall reasonably believe that each such Noteholder, the Owner Lessor and the Owner Participant shall have received copies thereof.

Absence of Certain Duties. Except in accordance with written instructions furnished pursuant to Section 5.02 hereof and except as provided in, and without limiting the generality of, Section 5.04 hereof and the last sentence of Section 9.01(b) hereof, neither the Owner Trustee nor FSB shall have any duty (i) to see to any recording or filing of any Operative Document or of any supplement to any thereof or to see to the maintenance of any such recording or filing or any other filing of reports with the Federal Aviation Administration or other governmental agencies, except that FSB, in its individual capacity, shall comply with the reporting requirements set forth in 14 C.F.R. Section 47.45 or any successor provision and the Owner Trustee shall, to the extent that information for that purpose is supplied by Lessee pursuant to any of the Operative Documents, complete and timely submit (and furnish the Owner Participant with a copy of) any and all reports relating to the Aircraft which may from time to time be required by the Federal Aviation Administration or any government or governmental authority having jurisdiction, or (ii) to see to any insurance on the Aircraft or to effect or maintain any such insurance, whether or not Lessee shall be in default with respect thereto, other than to forward to the Owner Participant copies of all reports and other written information which the Owner Trustee receives from Lessee pursuant to Section 11(c) of the Lease, (iii) to see to the payment or discharge of any tax, assessment or other governmental charge or any lien or encumbrance of any kind owing with respect to, assessed or levied against any part of the Trust Indenture Estate or the Trust Estate, except as provided in Section 8 of the Participation Agreement, or (iv) to inspect Lessee's books and records with respect to the Aircraft at any time permitted pursuant to the Lease. Notwithstanding the foregoing, the Owner Trustee will furnish to the Indenture Trustee and the Owner Participant, promptly upon receipt thereof, duplicates or copies of all reports, notices, requests, demands, certificates, financial statements and other instruments furnished to the Owner Trustee under the Lease or any other Operative Document.

Absence of Certain Duties. Except in accordance with written instructions furnished pursuant to Section 5.02 5.1 or 5.2 hereof and except as provided in, in Section 5.5 and without limiting the generality of, Section 5.04 hereof and the last sentence of Section 9.01(b) 5.8 hereof, neither the Owner Indenture Trustee nor FSB shall have any no duty (ia) to see to any registration, recording or filing of any Operative Document (or of any supplement to any thereof financing or continuation statements in respect thereto) or to see to the maintenance of any such registration, recording or filing or any other filing of reports with the Federal Aviation Administration or other governmental agenciesfiling, except that FSB, in its individual capacity, shall comply with the reporting requirements set forth in 14 C.F.R. Section 47.45 or any successor provision and the Owner Trustee shall, to the extent that information for that purpose is supplied by Lessee pursuant to any of the Operative Documents, complete and timely submit (and furnish the Owner Participant with a copy of) any and all reports relating to the Aircraft which may from time to time be required by the Federal Aviation Administration or any government or governmental authority having jurisdiction, or (iib) to see to any insurance on the Aircraft Facility or Unit 2 or the Undivided Interest or the Common Facilities or to effect or maintain any such insurance, whether (c) except as otherwise provided in Section 5.5 hereof or not Lessee shall be in default with respect thereto, other than to forward to the Owner Participant copies of all reports and other written information which the Owner Trustee receives from Lessee pursuant to Section 11(c) 5.4 of the LeaseParticipation Agreement, (iii) to see to the payment or discharge of any tax, assessment or other governmental charge Tax or any lien or encumbrance Lien of any kind owing with respect to, or assessed or levied against against, any part of the Trust Indenture Estate or the Trust Estate, except as provided in Section 8 (d) to confirm or verify the contents of the Participation Agreementany report, notice, request, demand, certificate, financial statement or other instrument of Lessee or (ive) to inspect the Facility or Unit 2 or the Common Facilities at any time or ascertain or inquire as to the performance or observance of any of Lessee's books and records covenants with respect to the Aircraft at any time permitted pursuant to Facility or Unit 2 or the LeaseCommon Facilities. Notwithstanding the foregoing, the Indenture Trustee shall furnish to each Noteholder and to Owner Trustee will furnish to the Indenture Trustee and the Owner Participant, Participant promptly upon receipt thereof, thereof duplicates or copies of all reports, notices, requests, demands, certificates, financial statements and other instruments furnished to Indenture Trustee hereunder or under any of the Operative Documents unless Indenture Trustee shall reasonably believe that each such Noteholder, Owner Trustee under the Lease or any other Operative Documentand Owner Participant shall have received copies thereof.

Absence of Certain Duties. Except in accordance with written instructions furnished pursuant to Section 5.02 5.2 hereof and except as provided in, in Section 5.5 and without limiting the generality of, Section 5.04 hereof and the last sentence of Section 9.01(b) 5.8 hereof, neither the Owner Indenture Trustee nor FSB shall have any no duty (ia) to see to any registration, recording or filing of any Operative Document (or of any supplement to any thereof financing or continuation statements in respect thereto) or to see to the maintenance of any such registration, recording or filing or any other filing of reports with the Federal Aviation Administration or other governmental agenciesfiling, except that FSB, in its individual capacity, shall comply with the reporting requirements set forth in 14 C.F.R. Section 47.45 or any successor provision and the Owner Trustee shall, to the extent that information for that purpose is supplied by Lessee pursuant to any of the Operative Documents, complete and timely submit (and furnish the Owner Participant with a copy of) any and all reports relating to the Aircraft which may from time to time be required by the Federal Aviation Administration or any government or governmental authority having jurisdiction, or (iib) to see to any insurance on the Aircraft Facilities or the Facilities or to effect or maintain any such insurance, whether (c) except as otherwise provided in Section 5.5 hereof or not Lessee shall be in default with respect thereto, other than to forward to the Owner Participant copies of all reports and other written information which the Owner Trustee receives from Lessee pursuant to Section 11(c) 10 of the LeaseParticipation Agreement, (iii) to see to the payment or discharge of any tax, assessment or other governmental charge Tax or any lien or encumbrance Lien of any kind owing with respect to, or assessed or levied against against, any part of the Trust Indenture Estate or the Trust Estate, except as provided in Section 8 (d) to confirm or verify the contents of any report, notice, request, demand, certificate, financial statement or other instrument of the Participation AgreementFacility Lessees, or (ive) to inspect Lessee's books and records the Facilities at any time or ascertain or inquire as to the performance or observance of any of the Facility Lessees' covenants with respect to the Aircraft Facilities or (f) to exercise any of the trusts or powers vested in it by this Indenture or to institute, conduct or defend any litigation hereunder or in relation hereto at the request, order or direction of any time permitted of the Noteholders, pursuant to the Leaseprovisions of this Indenture, unless such Noteholders shall have offered to the Indenture Trustee reasonable security or indemnity against the costs, expenses and liabilities which may be incurred therein or thereby (which in the case of the Majority in Interest of Noteholders will be deemed to be satisfied by a letter agreement with respect to such costs from such Majority in Interest of Noteholders). Notwithstanding the foregoing, the Owner Indenture Trustee will shall furnish to each Noteholder and to the Indenture Trustee Owner Lessor and the Owner Participant, Participant promptly upon receipt thereof, thereof duplicates or copies of all reports, notices, requests, demands, certificates, financial statements and other instruments furnished to the Indenture Trustee hereunder or under any of the Operative Documents unless the Indenture Trustee shall reasonably believe that each such Noteholder, the Owner Trustee under Lessor and the Lease or any other Operative DocumentOwner Participant shall have received copies thereof.

Absence of Certain Duties. Except in accordance with written instructions furnished pursuant to Section SECTION 5.02 hereof and except as provided in, and without limiting the generality of, Section SECTIONS 3.01 and 5.04 hereof and the last sentence of Section SECTION 9.01(b) hereof), neither the Owner Trustee nor FSB Bank shall have any duty (ia) to see to bear independent and primary responsibility for any recording or filing of any Operative Document Agreement or of any supplement to any thereof thereto or to see to the maintenance of any such recording or filing or any other filing of reports with the Federal Aviation Administration FAA or any other governmental agenciesGovernment Entity, except that FSB, Bank in its individual capacity, shall capacity agrees to comply with the FAA reporting requirements set forth in 14 C.F.R. Section CFR 47.45 or any successor provision and the 14 CFR 47.51, and Owner Trustee shall, to the extent that information for that purpose is timely supplied by Lessee pursuant to any of the Operative DocumentsAgreements, complete and timely submit (and furnish the Owner Participant with a copy of) any and all reports relating to the Aircraft which that may from time to time be required by the Federal Aviation Administration FAA or any government or governmental authority other Government Entity having jurisdiction, or (iib) to see to bear independent and primary responsibility for any insurance on the Aircraft or to effect or maintain any such insurance, whether or not Lessee shall be in default with respect thereto, other than to forward to the Owner Participant copies of all reports and other written information which the that Owner Trustee receives from Lessee pursuant to Section 11(c) 11 of the Lease, (iiic) to see to bear independent and primary responsibility for the payment or discharge of any taxTax, assessment or other governmental charge or any lien or encumbrance of any kind Lien owing with respect to, assessed or levied against any part of the Trust Indenture Estate or the Trust Estate, except as provided in the last two sentences of SECTION 5.04 hereof or in Section 8 7.3 of the Participation Agreement, or (ivd) to inspect Lessee's books and records with respect to the Aircraft at any time permitted pursuant to the Lease. Notwithstanding the foregoing, the Owner Trustee will furnish to the Indenture Trustee and the Owner Participant, promptly upon receipt thereof, duplicates or copies of all reports, notices, requests, demands, certificates, financial statements and other instruments furnished to the Owner Trustee under the Lease or any other Operative DocumentAgreement which a responsible officer of Owner Trustee reasonably believes have not also been delivered to Owner Participant.

Absence of Certain Duties. Except in accordance with written instructions furnished pursuant to Section 5.01, Section 5.02 or Section 6.08 hereof and except as provided in, and without limiting the generality of, Section 5.03 or Section 5.04 hereof and the last sentence of Section 9.01(b2.02, Section 3.01 and Section 8.01(b) hereof, neither the Owner Trustee nor FSB the Trust Company shall have any duty (i) to see to any recording or filing of any Operative Document or of any supplement to any thereof or of any financing statement or continuation statement or to see to the maintenance of any such recording or filing or any other filing of reports with the Federal Aviation Administration or other governmental agenciesany Governmental Authority, except that FSB, in its individual capacity, shall comply with the reporting requirements set forth in 14 C.F.R. Section 47.45 or any successor provision and the Owner Trustee shall, to the extent that information for that purpose is supplied by Lessee pursuant to any of the Operative Documents, complete and timely submit (and furnish the Owner Participant with a copy of) any and all reports relating to the Aircraft which may from time to time be required by the Federal Aviation Administration or any government or governmental authority having jurisdiction, or (ii) to see to any insurance on the Aircraft Undivided Interest or any portion thereof or to effect or maintain any such insurance, whether or not the Lessee shall be in default with respect thereto, other than to forward to the Owner Participant copies of all reports and other written information which the Owner Trustee Trust receives from the Lessee pursuant to Section 11(c) of the LeaseOperative Documents, (iii) to see to the payment or discharge of any tax, assessment or other governmental charge or any lien Lien or encumbrance of any kind owing with respect to, assessed or levied against any part of the Trust Indenture Estate or the Trust Estate, except as provided in Section 8 of the Participation Agreement, or (iv) to inspect the Lessee's ’s books and records with respect to the Aircraft Undivided Interest or any portion thereof at any time permitted pursuant to the LeaseFacility Lease or otherwise monitor the performance of the Lessee’s or any other Person’s obligations under the Operative Documents. Notwithstanding the foregoing, the Owner Trustee will furnish to the Indenture Trustee and the Owner Participant, promptly upon receipt thereof, duplicates or copies of all reports, notices, requests, demands, certificates, financial statements and other instruments furnished to the Owner Trustee under the Site Lease, the Site Sublease, the Facility Lease or any other Operative DocumentDocument unless the same has already been furnished to the Owner Participant.

Absence of Certain Duties. Except in accordance with written instructions furnished pursuant to Section 5.02 hereof and except as provided in, and without limiting the generality of, Section 5.04 hereof and the last sentence of Section 9.01(b) hereof, neither the Owner Trustee nor FSB shall have any duty (i) to see to any recording or filing of any Operative Document or of any supplement to any thereof or to see to the maintenance of any such recording or filing or any other filing of reports with the Federal Aviation Administration or other governmental agencies, except that FSB, in its individual capacity, shall comply with the reporting requirements set forth in 14 C.F.R. Section section 47.45 or any successor provision and the Owner Trustee shall, to the extent that information for that purpose is supplied by Lessee pursuant to any of the Operative Documents, complete and timely submit (and furnish the Owner Participant with a copy of) any and all reports relating to the Aircraft which may from time to time be required by the Federal Aviation Administration or any government or governmental authority having jurisdiction, or (ii) to see to any insurance on the Aircraft or to effect or maintain any such insurance, whether or not Lessee shall be in default with respect thereto, other than to forward to the Owner Participant copies of all reports and other written information which the Owner Trustee receives from Lessee pursuant to Section 11(c) 11 of the Lease, (iii) to see to the payment or discharge of any tax, assessment or other governmental charge or any lien or encumbrance of any kind owing with respect to, assessed or levied against any part of the Trust Indenture Estate or the Trust Estate, except as provided in Section 8 7 of the Participation Agreement, or (iv) to inspect Lessee's books and records with respect to the Aircraft at any time permitted pursuant to the Lease. Notwithstanding the foregoing, the Owner Trustee will furnish to the Indenture Trustee and the Owner Participant, promptly upon receipt thereof, duplicates or copies of all reports, notices, requests, demands, certificates, financial statements and other instruments furnished to the Owner Trustee under the Lease or any other Operative Document.

Absence of Certain Duties. Except in accordance with written instructions furnished pursuant to Section 5.02 hereof and except as provided in, and without limiting the generality of, Section 5.04 hereof and the last sentence of Section 9.01(b) hereof, neither the Owner Trustee nor FSB ▇▇▇▇▇ Fargo shall have any duty (i) to see to any recording or filing of any Operative Document or of any supplement to any thereof or to see to the maintenance of any such recording or filing or any other filing of reports with the Federal Aviation Administration or other governmental agencies, except that FSB▇▇▇▇▇ Fargo, in its individual capacity, shall comply with the reporting requirements set forth in 14 C.F.R. Section ss. 47.45 or any successor provision and the Owner Trustee shall, to the extent that information for that purpose is supplied by Lessee pursuant to any of the Operative Documents, complete and timely submit (and furnish the Owner Participant with a copy of) any and all reports relating to the Aircraft which may from time to time be required by the Federal Aviation Administration or any government or governmental authority having jurisdiction, or (ii) to see to any insurance on the Aircraft or to effect or maintain any such insurance, whether or not Lessee shall be in default with respect thereto, other than to forward to the Owner Participant copies of all reports and other written information which the Owner Trustee receives from Lessee pursuant to Section 11(c) of the Lease, or (iii) to see to the payment or discharge of any tax, assessment or other governmental charge or any lien or encumbrance of any kind owing with respect to, assessed or levied against any part of the Trust Indenture Estate or the Trust Estate, except as provided in Section 8 of the Participation Agreement, or (iv) to inspect Lessee's books and records with respect to the Aircraft at any time permitted pursuant to the Lease. Notwithstanding the foregoing, the Owner Trustee will furnish to the Indenture Trustee and the Owner Participant, promptly upon receipt thereof, duplicates or copies of all reports, notices, requests, demands, certificates, financial statements and other instruments furnished to the Owner Trustee under the Lease or any other Operative Document.

Absence of Certain Duties. Except in accordance with written instructions furnished pursuant to Section 5.02 hereof 5.2 and except as provided inin Sections 5.5 and 5.8, and without limiting the generality of, Section 5.04 hereof and the last sentence of Section 9.01(b) hereof, neither the Owner Lease Indenture Trustee nor FSB shall have any no duty (ia) to see to any registration, recording or filing of any Operative Document (or of any supplement to any thereof financing or continuation statements in respect thereto) or to see to the maintenance of any such registration, recording or filing or any other filing of reports with the Federal Aviation Administration or other governmental agenciesfiling, except that FSB, in its individual capacity, shall comply with the reporting requirements set forth in 14 C.F.R. Section 47.45 or any successor provision and the Owner Trustee shall, to the extent that information for that purpose is supplied by Lessee pursuant to any of the Operative Documents, complete and timely submit (and furnish the Owner Participant with a copy of) any and all reports relating to the Aircraft which may from time to time be required by the Federal Aviation Administration or any government or governmental authority having jurisdiction, or (iib) to see to any insurance on the Aircraft Facility or the Project or to effect or maintain any such insurance, whether (c) except as otherwise provided in Section 5.5 hereof or not Lessee shall be in default with respect thereto, other than to forward to the Owner Participant copies of all reports and other written information which the Owner Trustee receives from Lessee pursuant to Section 11(c) 8 of the LeaseParticipation Agreement, (iii) to see to the payment or discharge of any tax, assessment or other governmental charge Tax or any lien or encumbrance Lien of any kind owing with respect to, or assessed or levied against against, any part of the Trust Indenture Estate or the Trust Estate, except as provided in Section 8 (d) to confirm or verify the contents of any report, notice, request, demand, certificate, financial statement or other instrument of the Participation AgreementFacility Lessee, or (ive) to inspect the Facility at any time or ascertain or inquire as to the performance or observance of any of the Facility Lessee's books and records covenants with respect to the Aircraft Facility (f) to exercise any of the trusts or powers vested in it by this Indenture or to institute, conduct or defend any litigation hereunder or in relation hereto at the request, order or direction of any time permitted of the Noteholders, pursuant to the Leaseprovisions of this Indenture, unless such Noteholders shall have offered to the Lease Indenture Trustee reasonable security or indemnity against the costs, expenses and liabilities which may be incurred therein or thereby (which in the case of the Majority in Interest of Noteholders will be deemed to be satisfied by a letter agreement with respect to such costs from such Majority in Interest of Noteholders). Notwithstanding the foregoing, the Owner Lease Indenture Trustee will shall furnish to each Noteholder and to the Indenture Trustee Owner Lessor and the Owner Participant, Participant promptly upon receipt thereof, thereof duplicates or copies of all reports, notices, requests, demands, certificates, financial statements and other instruments furnished to the Owner Lease Indenture Trustee hereunder or under any of the Operative Documents unless the Lease or any other Operative DocumentIndenture Trustee shall reasonably believe that each such Noteholder, the Owner Lessor and the Owner Participant shall have received copies thereof.

Absence of Certain Duties. Except in accordance with written instructions furnished pursuant to Section 5.02 5.2 hereof and except as provided in, in Sections 5.5 and without limiting the generality of, Section 5.04 hereof and the last sentence of Section 9.01(b) 5.8 hereof, neither the Owner Indenture Trustee nor FSB shall have any no duty (ia) to see to any registration, recording or filing of any Operative Document (or of any supplement to any thereof financing or continuation statements in respect thereto) or to see to the maintenance of any such registration, recording or filing or any other filing of reports with the Federal Aviation Administration or other governmental agenciesfiling, except that FSB, in its individual capacity, shall comply with the reporting requirements set forth in 14 C.F.R. Section 47.45 or any successor provision and the Owner Trustee shall, to the extent that information for that purpose is supplied by Lessee pursuant to any of the Operative Documents, complete and timely submit (and furnish the Owner Participant with a copy of) any and all reports relating to the Aircraft which may from time to time be required by the Federal Aviation Administration or any government or governmental authority having jurisdiction, or (iib) to see to any insurance on the Aircraft Facilities or the Facilities or to effect or maintain any such insurance, whether (c) except as otherwise provided in Section 5.5 hereof or not Lessee shall be in default with respect thereto, other than to forward to the Owner Participant copies of all reports and other written information which the Owner Trustee receives from Lessee pursuant to Section 11(c) 8.1 of the LeaseParticipation Agreement, (iii) to see to the payment or discharge of any tax, assessment or other governmental charge Tax or any lien or encumbrance Lien of any kind owing with respect to, or assessed or levied against against, any part of the Trust Indenture Estate or the Trust Estate, except as provided in Section 8 (d) to confirm or verify the contents of any report, notice, request, demand, certificate, financial statement or other instrument of the Participation AgreementLessee, or (ive) to inspect the Facility at any time or ascertain or inquire as to the performance or observance of any of the Lessee's books and records ’s covenants with respect to the Aircraft Facility or (f) to exercise any of the trusts or powers vested in it by this Indenture or to institute, conduct or defend any litigation hereunder or in relation hereto at the request, order or direction of any time permitted of the Noteholders, pursuant to the Leaseprovisions of this Indenture, unless such Noteholders shall have offered to the Indenture Trustee reasonable security or indemnity against the costs, expenses and liabilities which may be incurred therein or thereby (which in the case of the Majority in Interest of Noteholders will be deemed to be satisfied by a letter agreement with respect to such costs from such Majority in Interest of Noteholders). Notwithstanding the foregoing, the Owner Indenture Trustee will shall furnish to each Noteholder and to the Indenture Trustee Lessor and the Owner Participant, Participant promptly upon receipt thereof, thereof duplicates or copies of all reports, notices, requests, demands, certificates, financial statements and other instruments furnished to the Indenture Trustee hereunder or under any of the Operative Documents unless the Indenture Trustee shall reasonably believe that each such Noteholder, the Lessor and the Owner Trustee under the Lease or any other Operative DocumentParticipant shall have received copies thereof.

Absence of Certain Duties. Except in accordance with ------------------------- written instructions furnished pursuant to Section 5.02 hereof and except as provided in, and without limiting the generality of, Section Sections 3.01 and 5.04 hereof and the last sentence of Section 9.01(b) hereof, neither the Owner Trustee nor FSB shall have any duty (i) to see to any recording or filing of any Operative Document or of any supplement to any thereof or to see to the maintenance of any such recording or filing or any other filing of reports with the Federal Aviation Administration or other governmental agencies, except that FSB, FSB in its individual capacity, shall capacity agrees to comply with the Federal Aviation Administration reporting requirements set forth in 14 C.F.R. Section CFR (S) 47.45 or any successor provision and 14 CFR (S) 47.51, and the Owner Trustee shall, to the extent that information for that purpose is timely supplied by Lessee pursuant to any of the Operative Documents, complete and timely submit (and furnish the Owner Participant with a copy of) any and all reports relating to the Aircraft and Airframe N608FF which may from time to time be required by the Federal Aviation Administration or any government or governmental authority having jurisdiction, or (ii) to see to any insurance on the Aircraft and Airframe N608FF or to effect or maintain any such insurance, whether or not Lessee shall be in default with respect thereto, other than to forward to the Owner Participant copies of all reports and other written information which the Owner [Trust Agreement] Trustee receives from Lessee pursuant to Section 11(c) 11 of the Lease, (iii) to see to the payment or discharge of any tax, assessment or other governmental charge or any lien or encumbrance of any kind owing with respect to, assessed or levied against any part of the Trust Indenture Estate or the Trust Estate, except as provided in Section 8 of the Participation Agreement, or (iv) to inspect Lessee's books and records with respect to the Aircraft and Airframe N608FF at any time permitted pursuant to the Lease. Notwithstanding the foregoing, the Owner Trustee will furnish to the Indenture Trustee and the Owner Participant, promptly upon receipt thereof, duplicates or copies of all reports, notices, requests, demands, certificates, financial statements and other instruments furnished to the Owner Trustee under the Lease or any other Operative DocumentDocument except to the extent to which a responsible officer of the Owner Trustee reasonably believes (and confirms by telephone call with the Owner Participant) that duplicates or copies thereof have already been furnished to the Owner Participant by some other person.