THE AIRWORTHINESS, QUALITY, DURABILITY, CONDITION, DESIGN,
OPERATION, DESCRIPTION, MERCHANTABILITY, FITNESS FOR USE OR PURPOSE OR
SUITABILITY OF THE AIRCRAFT, AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS
(INCLUDING INHERENT DEFECTS), WHETHER OR NOT DISCOVERABLE, AS TO THE ABSENCE OF
ANY INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, OR AS TO ANY
REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE
AIRCRAFT, ALL OF WHICH ARE HEREBY EXCLUDED AND THAT THE LESSEE IS LEASING THE
AIRCRAFT ''AS IS, WHERE IS AND WITH ALL FAULTS'', AND
[spacer.gif] [spacer.gif] [spacer.gif] (II)
HEREBY WAIVES AS BETWEEN ITSELF,
THE OWNER AND THE LESSOR ALL ITS RIGHTS, EXPRESS OR IMPLIED (WHETHER STATUTORY
OR OTHERWISE) AGAINST THE OWNER, THE LESSOR OR THE AIRCRAFT RELATING TO THE
CAPACITY, AGE, QUALITY, DESCRIPTION, STATE, CONDITION, DESIGN, CONSTRUCTION,
USE, OPERATION OR PERFORMANCE OF THE AIRCRAFT AND THE LEASING THEREOF BY THE
LESSOR TO THE LESSEE, OR TO THE MERCHANTABILITY OR SUITABILITY OF THE AIRCRAFT
OR ITS FITNESS FOR ANY PARTICULAR PURPOSE OR AS TO ITS AIRWORTHINESS.
IN PARTICULAR AND WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, SAVE AS
EXPRESSLY PROVIDED IN THE LEASE, THE OWNER AND THE LESSOR SHALL BE UNDER NO
LIABILITY TO THE LESSEE WHATSOEVER AND HOWSOEVER ARISING, AND FROM WHATEVER
CAUSE, AND WHETHER IN CONTRACT OR IN TORT OR BOTH IN RESPECT OF ANY LOSS
(CONSEQUENTIAL OR OTHERWISE), LIABILITY, DAMAGE OR DELAY OF, OR TO, OR IN
CONNECTION WITH, THE AIRCRAFT, ANY PERSON OR PROPERTY WHATSOEVER, WHETHER ON
BOARD THE AIRCRAFT OR ELSEWHERE.
9
Table of Contents
[spacer.gif] [spacer.gif] 3.4
Force majeure affecting delivery
If the Lessor is, for reasons of force majeure (being acts outside the
reasonable control of the Lessor (such as, but not limited to, acts of God,
fire, strikes, labour disputes, slow down or interruption of work, adverse
weather conditions or any other causes beyond the control of the Lessor)),
unable to tender the Aircraft for delivery on the Scheduled Delivery Date, the
Lessor shall specify another date falling as soon as possible, but no later than
thirty (30) Business Days after the Scheduled Delivery Date (or such later date
as shall be mutually acceptable to the Lessor and Lessee) as the date on which
it shall tender delivery of the Aircraft to the Lessee, subject to the
satisfaction by the Lessee of all of the Lessor Conditions Precedent
Requirements on the date so specified by the Lessor. The Lease Period and the
Lessee's obligation to pay Rent, Additional Rent and all other amounts payable
hereunder shall commence with effect from the (actual) Delivery Date.
Notwithstanding that delivery of the Aircraft is delayed in the circumstances
contemplated by this clause 3.4, the Lessor shall have no liability for any
losses, damages, costs or expenses sustained or incurred by the Lessee by reason
of such delay.
If the actual Delivery Date has not occurred on or before thirty (30) Business
Days after the Scheduled Delivery Date (or such later date as shall be mutually
acceptable to the Lessor and Lessee)