SET FORTH IN THIS LEASE OR THE PURCHASE
AGREEMENT, OR AS TO THE ADEQUACY OF ANY DOCUMENTATION OR RECORDS PROVIDED OR TO
BE PROVIDED TO LESSEE UNDER THIS LEASE OR AS TO THE ABSENCE OF LATENT OR OTHER
DEFECTS, WHETHER OR NOT DISCOVERABLE AND WHETHER KNOWN OR UNKNOWN, OR ANY OTHER
REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE
EQUIPMENT OR ANY PART THEREOF, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND
EXTINGUISHED.
4.2
Waiver by Lessee. LESSEE HEREBY WAIVES, AS BETWEEN ITSELF AND
LESSOR AND THE PARTICIPANTS, AND AGREES NOT TO SEEK TO ESTABLISH OR ENFORCE ANY
RIGHTS, REMEDIES OR CLAIMS (WHETHER STATUTORY OR OTHERWISE) AGAINST LESSOR OR
ANY PARTICIPANT IN RESPECT OF ANY OF THE MATTERS SET FORTH IN ARTICLE 4.1.
WITHOUT LIMITING THE FOREGOING, LESSEE WAIVES ANY CLAIM, LIABILITY, OR
RESPONSIBILITY (WHETHER KNOWN OR UNKNOWN) THAT LESSEE OR ANY OTHER PERSON
CLAIMING UNDER OR THROUGH LESSEE MAY NOW OR HEREAFTER HAVE OR CLAIM AGAINST
LESSOR OR ANY PARTICIPANT WITH RESPECT TO:
(i)
ANY COST, LOSS OR DAMAGE (CONSEQUENTIAL OR OTHERWISE), LOSS OF
PROFIT OR REVENUE, LOSS OR SUSPENSION OF CERTIFICATION OF THE AIRCRAFT,
GROUNDING OF THE AIRCRAFT, OR ANY OTHER CLAIM WHATSOEVER ARISING FROM THE
CONDITION OF ANY ITEM OF EQUIPMENT OR PART THEREOF, ANY MAINTENANCE, REPAIR OR
REPLACEMENT OF ANY ITEM OF EQUIPMENT, ANY ALTERATION, MODIFICATION OR ADDITION
TO ANY ITEM OF EQUIPMENT, OR ANY INSPECTION OF THE AIRCRAFT OR ITS RECORDS
PERFORMED BY LESSOR OR
*** Material has been omitted pursuant to a request for confidential treatment
and filed separately with the SEC
4-1
LESSEE, OR THE LACK OF SUCH INSPECTION BY LESSOR OR LESSEE; AND
(iii)
ANY OBLIGATION OR LIABILITY OF LESSOR OR ANY PARTICIPANT WITH
RESPECT TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTY ARISING
FROM COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OR TRADE, ANY IMPLIED
WARRANTY OF FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE, AND ANY OBLIGATION OR
CLAIM FOR LOSS OF USE OF OR THE LOSS OF OR DAMAGE TO THE EQUIPMENT, OR ANY
PART THEREOF, FOR ANY REASON, AND FOR ANY LIABILITY OF LESSEE TO ANY THIRD PARTY
AND FOR ANY OTHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY
KIND OR NATURE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTUAL OR IMPUTED)
OF LESSOR OR ANY PARTICIPANT, AND ANY RISKS WITH RESPECT THERETO ARE HEREBY
ASSUMED BY LESSEE.
4.3
Confirmation by Lessee. Lessee confirms to Lessor that Lessee is
fully aware of and understands the full meaning of the provisions of Articles
4.1 and 4.2, and acknowledges that Basic Rent and the other provisions of this
Lease have been agreed in reliance on Lessee's agreements in, and the
effectiveness of, Articles 4.1 and 4.2.
4.4
Assignment of Warranties.
4.4.1
Assignment. Provided no Event or Event of Default shall have
occurred and be continuing), Lessor agrees to assign or otherwise make available
to Lessee, without representation, warranty or recourse of any kind, express or
implied, such rights as Lessor may have with