SUCH PAYMENT FROM LESSOR FOR ANY REASON WHATSOEVER,
EXCEPT FOR NEGLIGENCE OR MANIFEST ERROR IN THE CALCULATION OF THE AMOUNT OR
REMITTANCE OF SUCH PAYMENT.
LESSEE'S COVENANTS AND PROMISES IN THIS LEASE ARE
IRREVOCABLE AND INDEPENDENT UPON DELIVERY HEREUNDER, AND NONE OF SUCH COVENANTS
OR PROMISES IS SUBJECT TO CANCELLATION, TERMINATION, MODIFICATION, REPUDIATION,
EXCUSE, OR SUBSTITUTION WITHOUT LESSOR'S CONSENT OR THE CONSENT OF SUCH OTHER
PERSON TO WHOM THE COVENANT OR PROMISE RUNS.
LESSEE AGREES THAT ITS ONLY RIGHT
WITH RESPECT TO A DEFAULT BY LESSOR UNDER THIS LEASE IS, AFTER COMPLYING WITH
ITS OBLIGATIONS UNDER THIS LEASE, TO MAKE A CLAIM AGAINST LESSOR FOR ACTUAL
DAMAGES RESULTING DIRECTLY FROM SUCH DEFAULT OR EXCEPT AS EXPRESSLY PERMITTED
UNDER ARTICLE 8 OF THIS LEASE.
10.4.
DISCLAIMER AND WAIVER OF INCIDENTAL, CONSEQUENTIAL,
SPECIAL AND PUNITIVE DAMAGES.
LESSEE AGREES THAT IT SHALL NOT BE ENTITLED TO
RECOVER, AND HEREBY DISCLAIMS AND WAIVES ANY RIGHT THAT IT MAY OTHERWISE HAVE TO
RECOVER, (i) INCIDENTAL, CONSEQUENTIAL, SPECIAL AND PUNITIVE DAMAGES, AND/OR
(ii) DAMAGES IN CONNECTION WITH ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR
ANTICIPATED PROFITS AS A
*** Material has been omitted pursuant to a request for confidential treatment
and filed separately with the SEC
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RESULT OF ANY BREACH OR ALLEGED BREACH BY LESSOR OF ANY OF THE AGREEMENTS,
REPRESENTATIONS OR WARRANTIES OF LESSOR CONTAINED IN THIS LEASE OR ANY OPERATIVE
DOCUMENTS, IN EACH CASE OTHER THAN THE RETURN OF THE SECURITY DEPOSIT PAID BY
THE LESSEE AND PAYMENT OF AIRBUS DAMAGES PAYABLE PURSUANT TO SECTION 8.9.
10.5.
NO DUTY OF INDEMNITEES TO INSPECT, ETC.
NO
INDEMNITEE SHALL HAVE ANY DUTY OR OBLIGATION TO DETERMINE WHETHER ANY ITEM OF
EQUIPMENT IS REQUIRED TO BE OVERHAULED OR MAINTAINED, OR TO OBSERVE OR INSPECT
THE OVERHAUL OR MAINTENANCE OF ANY ITEM OF EQUIPMENT OR TO CONFIRM OR VERIFY THE
FITNESS OR QUALIFICATION OF LESSEE OR ANY APPROVED MAINTENANCE ORGANIZATION TO
PERFORM ANY MAINTENANCE TO ANY ITEM OF EQUIPMENT AND NO INDEMNITEE SHALL INCUR
ANY LIABILITY OR OBLIGATION IN CONNECTION WITH THE FOREGOING OR BY REASON OF THE
FAILURE OF ANY ITEM TO BE PROPERLY MAINTAINED OR BY REASON OF ANY INDEMNITEE'S
ELECTION TO OBSERVE OR INSPECT OR NOT TO OBSERVE OR INSPECT ANY MAINTENANCE
CHECK OR OTHER MAINTENANCE OF ANY ITEM OF EQUIPMENT PERFORMED DURING THE LEASE
TERM.
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and filed separately with the SEC
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11.
GENERAL OPERATION OF THE AIRCRAFT
11.1.
General Operation.
Lessee will:
(a)
comply with the Law in any country or
jurisdiction which may from time to time be applicable to the Aircraft and its
use, maintenance and operation, including but not limited to the holding of all
certificates, licenses, permits, authorizations and regulations, and take all
commercially reasonable steps to ensure that the Aircraft is not used for any
illegal purpose;
(b)
not use any Item of Equipment in any manner
contrary to:
(i)
any Manufacturer's operating manuals or
instructions, or in violation of