SUBSTANTIALLY CONSISTENT WITH THE COMMERCIAL PRACTICES OF LEADING
INTERNATIONAL AIRCRAFT ENGINE OPERATING LESSORS REGARDING SIMILAR ENGINES.
THE
SECURITY TRUSTEE SHALL BE NAMED AS SOLE LOSS PAYEE ON ALL INSURANCE OTHER THAN
LIABILITY INSURANCE, AND THE INDENTURE TRUSTEE AND SECURITY TRUSTEE SHALL BE
NAMED AS ADDITIONAL INSUREDS ON ALL LIABILITY INSURANCE.
In determining the amount of insurance required to be maintained by this Section
5.04(h), WEST may take into account any indemnification from, or insurance
provided by, any governmental, supranational or inter-governmental authority or
agency (other than, with respect to PRI, any governmental authority or agency of
any jurisdiction for which PRI must be obtained), the sovereign foreign currency
debt of which is rated at least AA, or the equivalent, by at least one of the
Rating Agencies, against any risk with respect to an Engine at least in an
amount which, when added to the amount of insurance against such risk maintained
by WEST (or which WEST has caused to be maintained), shall be at least equal to
the amount of insurance against such risk otherwise required by this Section
5.04(h) (taking into account self-insurance permitted by this Section 5.04(h)).
Any such indemnification or insurance provided by such government shall provide
substantially similar protection as the insurance required by this Section
5.04(h).
WEST will not be required to maintain (or to cause to be maintained)
any insurance otherwise required hereunder to the extent that such insurance is
not generally available in the relevant insurance market at commercially
reasonable rates from time to time.
(H)
INDEMNITY.
WEST WILL, AND SHALL CAUSE EACH WEST SUBSIDIARY TO,
INCLUDE IN EACH LEASE AN INDEMNITY FROM SUCH PERSON IN RESPECT OF ANY LOSSES OR
LIABILITIES ARISING FROM THE USE OR OPERATION OF THE RELATED ENGINE DURING THE
TERM OF SUCH LEASE, SUBJECT TO SUCH
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EXCEPTIONS, LIMITATIONS AND QUALIFICATIONS AS ARE CONSISTENT WITH THE REASONABLE
COMMERCIAL PRACTICE OF LEADING INTERNATIONAL AIRCRAFT ENGINE OPERATING LESSORS.
(I)
FEES AND LICENSE.
WEST WILL, AND SHALL CAUSE EACH WEST
SUBSIDIARY TO, PROMPTLY PAY OR CAUSE TO BE PROMPTLY PAID ALL LICENSE AND
REGISTRATION FEES AND ALL TAXES OF ANY NATURE (TOGETHER WITH ANY PENALTIES,
FINES OR INTEREST THEREON) ASSESSED AND DEMANDED BY ANY GOVERNMENT OR ANY
REVENUE AUTHORITY (WHETHER OF THE APPLICABLE COUNTRY OF REGISTRATION OF THE
AIRFRAME ON WHICH ANY ENGINE IS INSTALLED OR OTHERWISE), UPON OR WITH RESPECT TO
ANY ENGINES OR UPON THE PURCHASE, OWNERSHIP, DELIVERY, LEASING, POSSESSION, USE,
OPERATION, RETURN, SALE OR OTHER DISPOSITION THEREOF OR RENTALS, INCOME OR
PROCEEDS RECEIVED WITH RESPECT THERETO.
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ARTICLE VI
THE INDENTURE TRUSTEE
SECTION 6.01
ACCEPTANCE OF TRUSTS AND DUTIES. THE DUTIES AND RESPONSIBILITIES
OF THE INDENTURE TRUSTEE SHALL BE AS EXPRESSLY SET FORTH HEREIN, AND NO IMPLIED
COVENANTS OR OBLIGATIONS SHALL BE READ INTO THE INDENTURE AGAINST THE INDENTURE
TRUSTEE.
THE INDENTURE TRUSTEE ACCEPTS THE TRUSTS HEREBY CREATED AND APPLICABLE
TO IT AND AGREES TO PERFORM THE SAME BUT ONLY UPON THE TERMS OF THIS INDENTURE
AND AGREES TO RECEIVE AND DISBURSE ALL MONEYS RECEIVED