KALITTA UNDER THIS ARTICLE
10 ARE THE EXCLUSIVE WARRANTIES PROVIDED BY KALITTA UNDER THIS
AGREEMENT. KALITTA MAKES NO WARRANTY, EXPRESS, IMPLIED, STATUTORY, OR
ORAL OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
AIRWORTHINESS, MERCHANTABILITY, OR FITNESS FOR INTENDED USE OR FITNESS
FOR A PARTICULAR PURPOSE FOR ANY SERVICES, PARTS OR MATERIALS OR
INFORMATION FURNISHED HEREUNDER. KALITTA WILL NOT BE LIABLE FOR ANY
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR RESULTANT DAMAGES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO THE LOSS OF USE, LOSS OF REVENUE OR
PROFIT OR DIMINUTION OF VALUE. CUSTOMER AGREES THAT KALITTA'S SOLE
LIABILITY UNDER THIS ARTICLE 10 WILL BE AS PROVIDED IN ARTICLE 10.2
HEREOF.
10.4 CUSTOMER's Warranty Repairs Unless otherwise agreed in writing by
KALITTA, CUSTOMER shall return the Aircraft and/or Engine or defective
Parts to KALITTA for all warranty repair or replacement pursuant to
Article 10.2 hereof.
10.5 Assignment of Warranties KALITTA shall assign to CUSTOMER on
Parts provided by KALITTA any and all assignable warranties, service
life policies and patent indemnities of manufacturers, suppliers and
subcontractors other than KALITTA. CUSTOMER shall be solely
responsible for enforcement of CUSTOMER's rights under such
warranties, service life policies and patent indemnities. Upon CUSTOME
R 's
request, KALITTA shall give notice to any such manufacturers,
suppliers and subcontractors of the assignment of such warranties,
service life policies and patent indemnities. To the extent warranties
are not assignable by KALITTA to CUSTOMER, KALITTA shall endeavor, at
CUSTOMER's
expense, to enforce its rights under such warranties, service life
policies and patent indemnities for the benefit of CUSTOMER.
10.6 Limitation of KALITTA 's Liabilities
KALITTA shall be relieved of all obligations and liabilities under
this Article 10 if:
A. CUSTOMER maintains, operates or permits operation of the Aircraft,
engine or Part
other than in accordance with the applicable manufacturer's operating
and maintenance instructions, or
other than in accordance with an approved maintenance program for the
Aircraft and/or Engine. B CUSTOMER accomplishes or has accomplished by
agencies other than by KALITTA,
the repair or replacement of all or any portion of KALITTA's warranted
Services without notifying and obtaining KALITTA's consent in writing.
C. CUSTOMER accomplishes or has accomplished by agencies other than
KALITTA, repairs, alterations, modifications, replacements or
overhauls of the Aircraft, engine or Part and if such repair,
alteration, modification, replacement or overhaul is determined to be
the cause of such defect.
D. The Aircraft, engine or Part is operated subsequent to involvement
in an accident (as defined in 49 CFR 803.2) or an incident (as defined
in FAA Order 8020.11C Chapter 6.r.) that caused any physical damage to
the aircraft and prior to complete repair, if such operation is
determined to be the cause of such defect.
E. KALITTA is notified in writing of any defect in KALITTA warranted
Services after the expiration of the warranty period set forth in
Article 10.1 hereof.
11 RELEASE, INDEMNIFICATION, AND LIABILITY
11.1 Release, Indemnification and Liability by CUSTOMER
A. Except as specifically provided for in Articles 5.4 and 11.1E, each
Party will be