Return of Engines Clause Samples
The 'Return of Engines' clause outlines the obligations and procedures for returning aircraft engines at the end of a lease or contractual period. It typically specifies the required condition of the engines, such as maintenance standards, documentation, and any necessary inspections or repairs before return. This clause ensures that the engines are returned in a serviceable and agreed-upon state, protecting the lessor’s asset value and minimizing disputes over engine condition at the end of the agreement.
Return of Engines. If any engine not owned by the Lessor shall be delivered with the Airframe as set forth in Section 12.01 hereof, the Lessee, concurrently with such delivery, will, at its own cost and expense furnish the Lessor with (i) a full warranty ▇▇▇▇ of sale, in form and substance reasonably satisfactory to the Lessor, with respect to such engine, (ii) an opinion of the Lessee's counsel to the effect that, upon such return, the Lessor will acquire full right, title and interest to such engine free and clear of all Liens (other than Lessor's Liens) and (iii) a certificate as described in Section 11.04(b)(iii) hereof. The Lessee shall take such other action as the Lessor may reasonably request in order that such Replacement Engine shall be duly and properly titled in the Lessor free and clear of all Liens (other than Lessor's Liens), and the Lessor will then (i) transfer to the Lessee, without recourse or warranty (except as to the absence of Lessor's Liens), and subject to the disclaimers provided in Section 5.01 hereof, all the Lessor's right, title and interest in and to any Engine in lieu of which a Replacement Engine has been delivered pursuant to Section 12.01 hereof, "as is, where is" and (ii) deliver to the Lessee such instrument as the Lessor shall have received from the Indenture Trustee, releasing such Engine from the Lien of the Indenture.
Return of Engines. If any engine not owned by the Lessor shall be delivered with the Airframe as set forth in Section 12.01 hereof, the Lessee, concurrently with such delivery, will, at its own cost and expense furnish the Lessor with (i) a full warranty bill of sale, in form and substance reasonably satisfactory to the L▇▇▇▇r, with respect to such engine, (ii) an opinion of the Lessee's counsel to the effect that, upon such return, the Lessor will acquire full right, title and interest to such engine free and clear of all Liens (other than Lessor's Liens (it being understood that, in connection with such transfer, the Owner Participant shall be responsible for removal of Lessor's Liens attributable to it, SSB shall be responsible for removal of Lessor's Liens attributable to it and the Owner Trustee shall be responsible for removal of Lessor's Liens attributable to the Owner Trustee, all in accordance with Section 7.03(b) or 7.04(b) as the case may be, of the Participation Agreement)) and (iii) a certificate as described in Section 11.04(b)(iii) hereof. The Lessee shall take such other action as the Lessor may reasonably request in order that such Replacement Engine shall be duly and properly titled in the Lessor free and clear of all Liens (other than Lessor's Liens (it being understood that, in connection with such transfer, the Owner Participant shall be responsible for removal of Lessor's Liens attributable to it, SSB shall be responsible for removal of Lessor's Liens attributable to it and the Owner Trustee shall be responsible for removal of Lessor's Liens attributable to the Owner Trustee, all in accordance with Section 7.03(b) or 7.04(b) as the case may be, of the Participation Agreement)), and the Lessor will then (i) transfer to the Lessee, without recourse or warranty (except as to the absence of Lessor's Liens (other than Lessor's Liens (it being understood that, in connection with such transfer, the Owner Participant shall be responsible for removal of Lessor's Liens attributable to it and SSB shall be responsible for removal of Lessor's Liens attributable to it and the Owner Trustee shall be responsible for removal of Lessor's Liens attributable to the Owner Trustee, all in accordance with Section 7.03(b) or 7.04(b) as the case may be, of the Participation Agreement)), all the Lessor's right, title and interest in and to any Engine in lieu of which a Replacement Engine has been delivered pursuant to Section 12.01 hereof, "as is, where is" and (ii) deliver to t...
Return of Engines a. Lessee will perform or cause to be performed at Lessees cost all requirements of this Section 1 the satisfaction of the Lessor. On each Engine immediately prior to its return to Lessor, a (compressor and turbine section) video borescope inspection and a full test cell run or Max Po Assurance Run as described below: Manufacturer Engine Model Test Number Manual Reference ▇▇▇▇▇ & ▇▇▇▇▇▇▇ JT9D 20 Engine Manual The borescope inspection and test cell run or Max Power Assurance Run shall be performed by a repair facility acceptable to Lessor; and Lessee shall obtain Lessor's prior written approval for said repair facility. Lessee will provide Lessor with at least 5 Business Days advance written notice of such Engine inspection and test, so that Lessor may have the opportunity to witness same. If the boroscope inspection or test cell run identifies any Engine defect. Lessee will immediately notify the Lessor of the finding and will take corrective action per the request of Lessor.
b. Upon expiration of the Lease Term or other valid termination of a Lease, Lessee will return t leased Engine to the redelivery location as specified in exhibit A
c. In addition to any other requirements of this Agreement, upon return of the Engines to Less each Engine will be accompanied by the following documentation:
i. Either an FAA 8130-3 Form, or a EASA Form 1 with FAA dual return service release tag
ii. An FAA Form 337 or an equivalent acceptable to Lessor, in Lessor's sole discretion applicable, based on repairs that may have been performed on the Engine during t Lease);
iii. A Signed Non-Incident Statement, in the form of Exhibit C, on Lessee Letterhead;
iv. A Signed Engine life-limited parts summary and a summary disk sheet, showing the l remaining at redelivery for each life-limited part;
v. A Signed updated AD/SB report, describing the Engine status at redelivery;
vi. A signed Times and Cycles report for all activity of the engine covering the duration of t lease period with backup copy of aircraft flight logs showing engine use;
vii. Component list of all parts installed during lease term; and
viii. All technical records generated for the Engine during the Lease and all 8130 tags of a parts or components installed during the lease period.
d. Prior to returning the Engine to Lessor, Lessee will prepare each Engine for shipment by (i) capping and plugging all openings of the Engine; (ii) preserving the Engine for storage for more than nine (90) days (that is, ▇▇▇▇▇ & Whitn...
Return of Engines. In the event that any Replacement Engine not owned by Lessor shall be delivered installed on the returned Airframe as set forth in paragraph (a) of this Section 16, Lessee, concurrently with such delivery, will, at no cost to Lessor, furnish, or cause to be furnished, to Lessor a full warranty (as to title) ▇▇▇▇ of sale with respect to such Replacement Engine, in form and substance satisfactory to Lessor (together with an opinion of counsel to the effect that such full warranty ▇▇▇▇ of sale has been duly authorized and delivered and is enforceable in accordance with its terms and that such Replacement Engine is free and clear of Liens other than Lessor's Liens), against receipt from Lessor of a ▇▇▇▇ of sale evidencing the transfer, without recourse or warranty (except as to the Lessor's title and the absence of Lessor's Liens), by Lessor to Lessee or its designee of all of Lessor's right, title and interest in and to an Engine not installed on the Airframe at the time of the return of the Airframe. If any such ▇▇▇▇ of sale transferring title of an engine to Lessor shall be executed by a Permitted Sublessee, Lessee will guaranty to Lessor the title warranty contained in such ▇▇▇▇ of sale. Lessee shall also take (or cause any Permitted Sublessee to take) such other action as Lessor may reasonably request in connection with such transfer of any such engine.
Return of Engines. In the event any engine not owned by Lessor shall be returned with the Airframe in lieu of an Engine and the reason therefor is other than that an Event of Loss has occurred to such Engine, Lessor shall not be obligated to accept such engine unless it meets the requirements for a Replacement Engine, is free and clear of Liens, is suitable for use on the Airframe with the other Engine or engine being returned with the Airframe, in the condition required by EXHIBIT D-1 or EXHIBIT D-2, as applicable, and has an expected useful life at least equal to, the Engine that should have been returned, assuming such Engine which should have been returned was in the condition and repair as required by the terms hereof immediately prior to such required. Lessee shall, at its own expense and concurrently with such delivery, convey such Replacement Engine to Lessor in accordance with the requirements in Section 12.02(a). Upon full compliance with this Section 18.03 and passage of title to such engine to Lessor, such engine shall be an Engine for all purposes of this Lease and Lessor shall transfer to Lessee all Lessor's right, title and interest in an Engine constituting part of the Aircraft so returned but not installed on the Aircraft at the time of such return, without any representation, warranty or recourse of any kind whatsoever, express or implied, except a warranty that such Engine is free and clear of Liens created by Lessor.
Return of Engines. In the event that any engine not owned by Lessor shall be installed on the returned Airframe as set forth in paragraph (a) of this Section, then Lessee will, concurrently with such delivery, at its own expense and not at any cost to Lessor, furnish Lessor with a full warranty bill ▇▇ sale, in form and substance satisfactory to Lessor, with respect to each such engine and with a written opinion of FAA Counsel to the effect that, upon such return, Lessor will acquire good and marketable title to such engine, free and clear of all Liens (except Lessor's Liens). Thereupon, unless a Default or Event of Default shall have occurred and be continuing, Lessor will transfer to Lessee, without recourse or warranty of any kind whatsoever (except as to Lessor's Liens) on an "AS-IS, WHERE-IS" BASIS WITHOUT ANY REPRESENTATION BY, OR RECOURSE OR WARRANTY TO, LESSOR, all of Lessor's right, title and interest in and to any Engine not installed on the Airframe at the time of the return of such Airframe.
Return of Engines. (a) Each Engine (including, without limitation, burner cans) shall have just completed a hot and cold section borescope inspection (which inspection Lessee shall cause to be recorded on videotape and shall provide a copy of such videotape to Lessor on the Return Occasion), and a power assurance shall have been run in accordance with the Maintenance Program or the manufacturer's maintenance manual and any defects discovered in such inspection exceeding manufacturer's in service limits for normal operations shall be corrected at Lessee's expense. Both the borescopes and the power assurance runs shall take place at the Return Location.
(b) No Engine shall be on "Watch" for excessive oil consumption, high Exhaust Gas Temperature or any special or out of sequence inspection and each such Engine shall comply with the operations specification of Lessee.
(c) No Engine will have less than 3,500 Engine flight hours and 2,500 Engine cycles (3,000 Engine flight hours and 2,000 Engine cycles if the Aircraft is returned at the end of second or third Renewal Term) of expected life remaining to the next scheduled removal. The expected life remaining will be determined in accordance with this Lease by review of the Engine LLP records and the borescope inspection and power assurance run referred to in subparagraph (a) above.
Return of Engines. Lessee may return the Aircraft with a substitute engine or engines, provided that such engine conforms to all applicable requirements set forth in this Section 6. In the event any engine not owned by Lessor shall be returned with the Airframe, Lessee will, at its own expense and concurrently with such return, furnish Lessor with a full warranty bill of sale, free and clear of all liens, claims and encumbrances, in form and substance satisfactory to Lessor, with respect to each such replacement engine and shall take such other action as Lessor may reasonably request in order that such replacement engine shall be duly and properly titled in Lessor. Upon passage of title to Lessor such replacement engine shall be deemed to be an Engine for all purposes hereof and thereupon Lessor will transfer to Lessee, without recourse or warranty except a warranty as to Lessor's title and the absence of Lessor's Liens, all of Lessor's right, title and interest in and to an Engine not installed on such Airframe at the time of the return thereof.
Return of Engines. In the event that any engine not owned by the Lessor shall be delivered with the Airframe as set forth in Section 5(c), such engine shall be in the condition required pursuant to the terms of this Lease (including, without limitation, the conditions specifically set forth in Section 5(g), and the Lessee shall, concurrently with such delivery, at its own expense, furnish the Lessor with a b▇▇▇ of sale covering such engine, including full warranty as to title, and thereupon the Lessor will transfer to the Lessee, on an “as-is, where-is” basis, without recourse or warranty, all of the Lessor’s right, title and interest in and to any Engine constituting part of the Aircraft but not installed on the Airframe at the time of the return of the Airframe.
Return of Engines. Upon return of an Aircraft, it shall be fully equipped and have installed thereon the number of Engines of the same make and the same or an improved model as the Engines that were described with respect to such Aircraft in Exhibit A attached hereto on the Delivery Date with respect to such Aircraft (or other engines of the same or another manufacturer suitable for installation and use on the Airframe and compatible with the other Engine(s) or engine(s) installed on such Airframe); provided that replacement engines shall meet the requirements for substituted engines set forth in Section 13(b) of this Agreement, including that such engine shall be of the type commonly used on the relevant Airframe and be in at least as good operating condition and have at least the same value and utility as the Engines being replaced free and clear of all Liens (other than Lessor's Liens). If any engines not-owned by Lessor are returned with the Airframe, Lessee shall, at its own cost and expense, furnish Lessor with a full warranty ▇▇▇▇ of sale with respect to such engines and shall take such other steps as are required under Sections 13(b) with respect to the substitution of an Engine including all steps as Lessor shall reasonably request to ensure that title is duly and properly vested in Lessor and free and clear of all Liens (other than Lessor's Liens).