Common use of Delayed Return of Aircraft Clause in Contracts

Delayed Return of Aircraft. (a) If the return of the Aircraft to the Lessor in compliance with the terms of this Lease shall be delayed beyond the scheduled end of the Term because of the occurrence of an event described in clause (iii)(2)(B) of the definition of Event of Loss, this Lease shall not terminate but shall continue in full force and effect until the expiration of the six-month period (or, so long as the Lessor shall have received at least six month's notice of the date on which such shorter period ends, such shorter period referred to in said clause (iii)(2)(B)) after the scheduled end of the Term, provided that (i) Stipulated Loss Value and Termination Value during such extension shall be an amount determined in accordance with Section 4.01(b) hereof, (ii) the Lessee shall pay on demand, as Basic Rent for each day of such delay and this Lease shall continue, an amount equal to the daily equivalent of the average Basic Rent paid during the Basic Term and any then expiring Renewal Term, or such higher compensation being paid by the Government pursuant to the CRAF Program and (iii) neither the Lessee nor any other Person shall use or operate the Aircraft in any manner, except pursuant to the activation of such CRAF Program. (b) In any other situation in which the Aircraft is not returned to the Lessor upon the expiration of the Term (other than due to a purchase of the Aircraft by the Lessee pursuant to this Lease or by a purchaser under Article 10 hereof), the Lessee shall pay on demand as Basic Rent for each day of such delay an amount equal to the Rent per diem at a rate equal to the Fair Market Rental and this Lease shall continue for up to six (6) months after the end of the Term; provided, however, that nothing in this paragraph shall be deemed (i) to relieve the Lessee in any respect from any Default or Event of Default or claims with respect thereto arising from the failure to return the Aircraft at the time or in the condition required by the Operative Agreements or (ii) to permit the Lessee or any sublessee to operate or use the Aircraft otherwise than in connection with effecting such return.

Delayed Return of Aircraft. (a) If the return of the Aircraft to the Lessor in compliance with the terms of this Lease shall be delayed beyond the scheduled end of the Term because of the occurrence of an event described in clause (iii)(2)(B) of the definition of Event of Loss, this Lease shall not terminate but shall continue in full force and effect until the expiration of the six-month period (or, so long as the Lessor shall have received at least six month's notice of the date on which such shorter period ends, such shorter period referred to in said clause (iii)(2)(B)) after the scheduled end of the Term, provided that (i) Stipulated Loss Value and Termination Value during such extension shall be an amount determined in accordance with Section 4.01(b) hereof, (ii) the Lessee shall pay on demand, as Basic Rent for each day of such delay and this Lease shall continue, an amount equal to the daily equivalent of the average Basic Rent paid during the Basic Term and any then expiring Renewal Term, or such higher compensation being paid by the Government pursuant to the CRAF Program and (iii) neither the Lessee nor any other Person shall use or operate the Aircraft in any manner, except pursuant to the activation of such CRAF Program. (b) In any other situation in which the Aircraft is not returned to the Lessor upon the expiration of the Term (other than due to a purchase of the Aircraft by the Lessee pursuant to this Lease or by a purchaser under Article 10 hereof), the Lessee shall pay on demand as Basic Rent for each day of such delay an amount equal to the Rent per diem at a rate equal to the Fair Market Rental and this Lease shall continue for up to six (6) months after the end of the Term; provided, however, that nothing in this paragraph shall be deemed (i) to relieve the Lessee in any respect from any Default or Event of Default or claims with respect thereto arising from the failure to return the Aircraft at the time or in the condition required by the Operative Agreements or (ii) to ii)to permit the Lessee or any sublessee to operate or use the Aircraft otherwise than in connection with effecting such return.

Delayed Return of Aircraft. (a) If the return of the Aircraft to the Lessor in compliance with the terms of this Lease shall be delayed beyond the scheduled end of the Term because of the occurrence of an event described in clause (iii)(2)(B) of the definition of Event of Loss, this Lease shall not terminate but shall continue in full force and effect until the expiration of the six-month period (or, so long as the Lessor shall have received at least six month's notice of the date on which such shorter period ends, such shorter period referred to in said clause (iii)(2)(B)) after the scheduled end of the Term, provided that (i) Stipulated Loss Value and Termination Value during such extension shall be an amount determined in accordance with Section 4.01(b) hereof, (ii) the Lessee shall pay on demand, as Basic Rent for each day of such delay and this Lease shall continue, an amount equal to the daily equivalent of the average Basic Rent paid during the Basic Term and any then expiring Renewal Term, or such higher compensation being paid by the Government pursuant to the CRAF Program and (iii) neither the Lessee nor any other Person shall use or operate the Aircraft in any manner, except pursuant to the activation of such CRAF Program. (b) In any other situation in which the Aircraft is not returned to the Lessor upon the expiration of the Term (other than due to a purchase of the Aircraft by the Lessee pursuant to this Lease or by a purchaser under Article 10 hereof), the Lessee shall pay on demand as Basic Rent for each day of such delay an amount equal to the Rent per diem at a rate equal to the Fair Market Rental and this Lease shall continue for up to six (6) months after the end of the Term; provided, however, that nothing in this paragraph shall be deemed (i) to relieve the Lessee in any respect from any Default or Event of Default or claims with respect thereto arising from the failure to return the Aircraft at the time or in the condition required by the Operative Agreements or (ii) to permit the Lessee or any sublessee to operate or use the Aircraft otherwise than in connection with effecting such return.

Delayed Return of Aircraft. (a) If the return of the Aircraft to the Lessor in compliance with the terms of this Lease shall be delayed beyond the scheduled end of the Term because of the occurrence of an event described in clause (iii)(2)(Biii)(2)(C) of the definition of Event of Loss, this Lease shall not terminate but shall continue in full force and effect until the earlier to occur of the return of the Aircraft hereunder or the expiration of the six-month period (or, so long as the Lessor shall have received at least six month's notice of the date on which such shorter period ends, or such shorter period referred to in said clause (iii)(2)(Biii)(2)(C)) after the scheduled end of the Term, provided that (i) Stipulated Loss Value and Termination Value during such extension shall be an amount determined in accordance with Section 4.01(b) hereof, (ii) the Lessee shall pay on demand, as Basic Rent for each day of such delay and for each day this Lease shall continue, an amount equal to the daily equivalent of the average Basic Rent paid during the Basic Term and any then expiring Renewal Term, or in each case with such Basic Rent to include for this purpose such higher compensation being paid by the Government pursuant to the CRAF Program and (iii) neither the Lessee nor any other Person shall use or operate the Aircraft in any manner, except pursuant to the activation of such CRAF Program. (b) If, in the case of a delay in return pursuant to paragraph (a) above, at the expiration of the six-month period following the scheduled end of the Term the Aircraft has not been returned to the Lessor, an Event of Loss shall be deemed to have occurred on the date of expiration of such six-month period (or such shorter period referred to in paragraph (a) above) and on such date (or at such earlier date as an Event of Loss pursuant to clause (iv) of the definition of Event of Loss shall have occurred) the Lessee shall pay to the Lessor all amounts then due hereunder together with the Stipulated Loss Value for the Aircraft determined as of such date; provided, however, that the Lessor shall have the right to waive payment of such Stipulated Loss Value and accept the Aircraft on such date, "as is, where is" (including the Aircraft's being subject to any use prohibition of the character described in clause (iv) of the definition of Event of Loss). (c) In any other situation in which the Aircraft is not returned to the Lessor upon the expiration of the Term (other than due to a purchase of the Aircraft by the Lessee pursuant to this Lease or by a purchaser under Article 10 hereof), the Lessee shall pay on demand as Basic Rent for each day of such delay and this Lease shall continue, an amount equal to the Rent per diem at a rate equal to the greater of average Basic Rent or the Fair Market Rental and this Lease shall continue for up to six (6) months after the end of the TermRental; provided, however, that nothing in this paragraph shall be deemed (i) to relieve the Lessee in any respect from any Default or Event of Default or claims with respect thereto arising from the failure to return the Aircraft at the time or in the condition required by the Operative Agreements or (ii) to permit the Lessee or any sublessee to operate or use the Aircraft otherwise than in connection with effecting such return.

Delayed Return of Aircraft. (a) If the return of the Aircraft to the Lessor in compliance with the terms of this Lease shall be delayed beyond the scheduled end of the Term because of the occurrence of an event described in clause (iii)(2)(B) of the definition of Event of Loss, this Lease shall not terminate but shall continue in full force and effect until the earlier to occur of the return of the Aircraft hereunder or the expiration of the six-month period (or, so long as the Lessor shall have received at least six month's notice of the date on which such shorter period ends, or such shorter period referred to in said clause (iii)(2)(B)) after the scheduled end of the Term, provided that (i) Stipulated Loss Value and Termination Value during such extension shall be an amount determined in accordance with Section 4.01(b) hereof, (ii) the Lessee shall pay on demand, as Basic Rent for each day of such delay and for each day this Lease shall continue, an amount equal to the daily equivalent of the average Basic Rent paid during the Basic Term and any then expiring Renewal Term, or such higher compensation being paid by the Government pursuant to the CRAF Program and (iii) neither the Lessee nor any other Person shall use or operate the Aircraft in any manner, except pursuant to the activation of such CRAF Program. (b) If, in the case of a delay in return pursuant to paragraph (a) above, at the expiration of the six-month period following the scheduled end of the Term the Aircraft has not been returned to the Lessor, an Event of Loss shall be deemed to have occurred on the date of expiration of such six-month period (or such shorter period referred to in paragraph (a) above) and on such date (or at such earlier date as an Event of Loss shall otherwise have occurred) the Lessee shall pay to the Lessor all amounts then due hereunder together with the Stipulated Loss Value for the Aircraft determined as of such date; provided, however, that the Lessor shall have the right to waive payment of such Stipulated Loss Value and accept the Aircraft on such date, "as is, where is" (including the Aircraft's being subject to any use prohibition of the character described in clause (iv) of the definition of Event of Loss). (c) In any other situation in which the Aircraft is not returned to the Lessor upon the expiration of the Term (other than due to a purchase of the Aircraft by the Lessee pursuant to this Lease or by a purchaser under Article 10 hereof)) or is returned but there has not been compliance in all material respects with the provisions of Article 12 hereof, the Lessee shall pay on demand as Basic Rent for each day of such delay and this Lease shall continue, an amount equal to the Rent per diem at a rate equal to the greater of average Basic Rent or the Fair Market Rental and this Lease shall continue for up to six (6) months after the end of the TermRental; provided, however, that nothing in this paragraph shall be deemed (i) to relieve the Lessee in any respect from any Default or Event of Default or claims with respect thereto arising from the failure to return the Aircraft at the time or in the condition required by the Operative Agreements or (ii) to permit the Lessee or any sublessee to operate or use the Aircraft otherwise than in connection with effecting such return.

Delayed Return of Aircraft. (a) If the return of the Aircraft to the Lessor in compliance with the terms of this Lease shall be delayed beyond the scheduled end of the Term because of the occurrence of an event described in clause (iii)(2)(B) of the definition of Event of Loss, this Lease shall not terminate but shall continue in full force and effect until the expiration of the six-month period (or, so long as the Lessor shall have received at least six month's notice of the date on which such shorter period ends, such shorter period referred to in said clause (iii)(2)(B)) after the scheduled end of the Term, provided that (i) Stipulated Loss Value and Termination Value during such extension shall be an amount determined in accordance with Section 4.01(b) hereof, (ii) the Lessee shall pay on demand, as Basic Rent for each day of such delay and this Lease shall continue, an amount equal to the daily equivalent of the average Basic Rent paid during the Basic Term and any then expiring Renewal Term, in each case with such Basic Rent to include for this purpose the amounts referred to in Section 3.01 hereof, or such higher compensation being paid by the Government pursuant to the CRAF Civil Reserve Airfleet Program and (iii) neither the Lessee nor any other Person shall use or operate the Aircraft in any manner, except pursuant to the activation of such CRAF Civil Reserve Airfleet Program. (b) In any other situation in which the Aircraft is not returned to the Lessor upon the expiration of the Term (other than due to a purchase of the Aircraft by the Lessee pursuant to this Lease or by a purchaser under Article 10 hereof), the Lessee shall pay on demand as Basic Rent for each day of such delay an amount equal to the Rent per diem at a rate equal to the Fair Market Rental and this Lease shall continue for up to six (6) months after the end of the Term; provided, however, that nothing in this paragraph shall be deemed (i) to relieve the Lessee in any respect from any Default or Event of Default or claims with respect thereto arising from the failure to return the Aircraft at the time or in the condition required by the Operative Agreements or (ii) to permit the Lessee or any sublessee to operate or use the Aircraft otherwise than in connection with effecting such return.

Delayed Return of Aircraft. (a) If the return of the Aircraft to the Lessor in compliance with the terms of this Lease shall be delayed beyond the scheduled end of the Term because of the occurrence of an event described in clause (iii)(2)(B) of the definition of Event of Loss, this Lease shall not terminate but shall continue in full force and effect until the expiration of the six-month period (or, so long as the Lessor shall have received at least six month's months' notice of the date on which such shorter period ends, such shorter period referred to in said clause (iii)(2)(B)) after the scheduled end of the Term, provided that (i) Stipulated Loss Value and Termination Value during such extension shall be an amount determined in accordance with Section 4.01(b) hereof, (ii) the Lessee shall pay on demand, as Basic Rent for each day of such delay and this Lease shall continue, an amount equal to the daily equivalent of the average Basic Rent paid during the Basic Term and any then expiring Renewal Term, or such higher compensation being paid by the Government pursuant to the CRAF Program and (iii) neither the Lessee nor any other Person shall use or operate the Aircraft in any manner, except pursuant to the activation of such CRAF Program. (b) In any other situation in which the Aircraft is not returned to the Lessor upon the expiration of the Term (other than due to a purchase of the Aircraft by the Lessee pursuant to this Lease or by a purchaser under Article 10 hereof), the Lessee shall pay on demand as Basic Rent for each day of such delay an amount equal to the Rent per diem at a rate equal to the Fair Market Rental and this Lease shall continue for up to six (6) months after the end of the Term; provided, however, that nothing in this paragraph shall be deemed (i) to relieve the Lessee in any respect from any Default or Event of Default or claims with respect thereto arising from the failure to return the Aircraft at the time or in the condition required by the Operative Agreements or (ii) to permit the Lessee or any sublessee to operate or use the Aircraft otherwise than in connection with effecting such return.