Default Payments. If: (1) Default occurs and is continuing; or (2) the Aircraft is not delivered on the proposed Delivery Date by reason of failure of Lessee to satisfy any conditions to that delivery except in the event of an Excusable Delay; Lessee will indemnify Lessor on demand against any loss (including loss of profit), damage, expense, cost or inability which Lessor may sustain or incur directly or indirectly as a result thereof including but not limited to: (a) any loss of profit suffered by Lessor because of Lessor's inability to place the Aircraft on lease with another lessee on terms as favorable to Lessor as this Agreement or because the following are not as profitable to Lessor as such lease would have been but for such Default or non-delivery referred to in (1) and (2) above, namely (i) whatever use if any to which Lessor is able to put the Aircraft as an alternative to the Lease under this Agreement or (ii) any consequent sale or disposal by Lessor of the Aircraft and the funds arising upon such sale or disposal; and (b) any loss, cost, expense, or liability sustained or incurred by Lessor owing to Lessee's failure to redeliver the Aircraft on the date, at the place and in the condition required by this Agreement.
Appears in 2 contracts
Sources: Aircraft Lease Agreement (Copa Holdings, S.A.), Aircraft Lease Agreement (Copa Holdings, S.A.)
Default Payments. If:
(1a) an Event of Default occurs and is continuingoccurs; or
(2b) the Aircraft is not delivered redelivered on the proposed Delivery Date Expiry Date; or
(c) Lessee has elected or is deemed to have elected to fix the Rent pursuant to Clause 5.2(b) and the Aircraft is not delivered to and accepted by reason Lessee on the scheduled delivery date, other than as a result of failure any default by Lessor (save where such default arises as a result of any act, omission or default of Lessee to satisfy or any conditions to that delivery except in the event of an Excusable Delay; Manufacturer). Lessee will indemnify Lessor on demand against any loss (including loss of profit), damage, expense, cost or inability liability which Lessor may sustain or incur directly or indirectly as a result thereof including but not limited to:to (but without duplication of amounts referred to in (i) to (iv) below):
(ai) any loss of profit suffered by Lessor because of Lessor's ’s inability to place the Aircraft on lease with another lessee on terms as favorable favourable to Lessor as this Agreement or because the following are not as profitable to Lessor as such lease would have been but for such Default or non-delivery referred to in (1) and (2) abovewhatever use, namely (i) whatever use if any any, to which Lessor is able to put the Aircraft as an alternative upon its return to the Lease under this Agreement Lessor, or (ii) any consequent sale or disposal by Lessor of the Aircraft and the funds arising upon such a sale or disposal; and
(b) any lossother disposal of the Aircraft, cost, expense, or liability sustained or incurred by is not as profitable to Lessor owing to Lessee's failure to redeliver the Aircraft on the date, at the place and in the condition required by as this Agreement.;
Appears in 1 contract
Sources: Aircraft Lease Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.)