Common use of LESSOR OVERHAUL CONTRIBUTIONS Clause in Contracts

LESSOR OVERHAUL CONTRIBUTIONS. Lessor shall pay to Lessee: (i) in respect of a Q-Check performed in accordance with the Maintenance Program during the Term, the lesser of (x) the actual cost of performing such Q-Check and (y) the amount, if any, by which the total Airframe Payments received by Lessor prior to the performance of such Q-Check exceed the total amount, if any, previously paid to Lessee under this clause (i); (ii) in respect of a full performance restoring shop visit of an Engine and, the scheduled replacement of life-limited Parts for an Engine, in each case performed in accordance with the Maintenance Program during the Term, the lesser of (x) the actual cost of performing such shop visit and life-limited Part replacement and (y) the amount, if any, by which the total Engine Payments in respect of that Engine received by Lessor prior to the performance of such shop visit and/or replacement exceeds the total amount, if any, previously paid to Lessee in respect of that Engine pursuant to this clause (ii) provided that any such payment in respect of life-limited Parts shall be reduced pro-rata to reflect the value of the remaining life of the replaced Parts; (iii) in respect of a full performance restoring shop visit for the APU performed in accordance with the Maintenance Program during the Term, the lesser of (x) the actual cost of performing such shop visit and (y) the amount, if any, by which the total APU Payments received by Lessor prior to such shop visit exceed the total amount, if any, previously paid to Lessee pursuant to this clause (iii); and (iv) in respect of the scheduled overhaul of the landing gear performed in accordance with the Maintenance Program during the Term, the lesser of (x) the actual cost of performing such scheduled overhaul and (y) the amount, if any, by which the total Gear Payments received by Lessor prior to such scheduled overhaul exceed the total amount, if any, previously paid to Lessee pursuant to this clause (iv). Lessor's obligation to make any payments under this Clause 4.2(c) shall be conditioned upon receipt by Lessor within two months after the Termination Date of invoices and proper documentation, satisfactory in form and substance to Lessor, in support of the invoices and verifying that the work was completed in accordance with the Maintenance Program. No payment shall be made under this Clause 4.2(c) in respect of (i) work, repairs or replacements caused by ingestion, faulty maintenance or installation, improper operations, misuse, neglect or accidental cause, (ii) any cost which is recoverable under insurance (deductibles being for the account of Lessee), manufacturer's or servicer's warranties, guarantees, concessions or credits or from any third parties after due diligence in affecting recovery or (iii) removal, installation, maintenance and repair of QEC (Quick Engine Change). Lessor has appointed Owner Participant as agent for the purpose of administering the Lessor's overhaul contributions. Owner Participant shall maintain records reflecting receipt of Airframe Payments, the Engine Payments for each Engine, the APU Payments and the Gear Payments and amounts paid under this clause (c). Owner Participant's records shall be deemed correct absent manifest error.

Appears in 2 contracts

Sources: Aircraft Lease Agreement (Airlease LTD), Aircraft Lease Agreement (Airlease LTD)