Doric Nimrod Air One Limited - DORIC NIMROD AIR TWO LIMITED
Doric Nimrod Air One Limited - DORIC NIMROD AIR TWO LIMITED
Doric Nimrod Air One Limited - DORIC NIMROD AIR TWO LIMITED
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PART V<br />
THE LEASE<br />
Parties and execution<br />
The Company will lease the Asset to Emirates, pursuant to the terms of the Lease to be<br />
executed on or by Admission.<br />
Term<br />
The Lease has a term of twelve years from the lease commencement date, being the date of<br />
delivery of the Asset to Emirates (in its capacity as agent of the Company). The Lease is a<br />
net rental lease pursuant to which Emirates bears all costs relating to the Asset during the<br />
lifetime of the Lease.<br />
The Company does not provide any representation or warranty to Emirates under the Lease in<br />
relation to faults, functioning or performance of the Asset. The Lease permits Emirates to<br />
exercise warranty and guarantee rights directly against <strong>Air</strong>bus and the other manufacturers of<br />
the Asset.<br />
Lease Rentals<br />
The Lease Rentals consist of Sterling Lease Rentals (£ 360,136 per month) and US$ Lease<br />
Rentals (US$ 1,260,341 per month) for years 1 – 10 of the Lease and Sterling Lease Rentals<br />
(£ 455,058 per month) and US$ Lease Rentals (US$ 432,749 per month) for years 11 – 12 of<br />
the Lease and must be paid monthly in advance up to expiry of the Lease. The US$ Lease<br />
Rentals will be fixed upon aircraft delivery and adjusted based on the interest pricing on the<br />
Loan at that time. The Lessee's obligation to pay is absolute and unconditional (unless there is<br />
a Total Loss of the Asset and the Company has received the applicable Termination Amount<br />
from Emirates or its insurers, together with any outstanding Lease Rentals up to the date on<br />
which the Termination Amount is paid). All payments made by Emirates to the Company are<br />
to be made without reduction of withholding tax and must be grossed-up if and to the extent<br />
that withholding tax is required to be paid by Emirates.<br />
Emirates sub-lease<br />
Emirates has the right to sub-let the Asset to other contractually agreed airlines under certain<br />
conditions. Emirates may also let the Asset on three- month charters, provided it retains<br />
operative control of the Asset. Emirates remains primarily liable to the Company in the event<br />
the Asset is sub-let.<br />
Financial reports<br />
Emirates is required to provide the Company with financial reports and reports relating to the<br />
operation and use of the Asset.<br />
Maintenance<br />
Emirates undertakes to repair any damage or replace any damaged or worn out parts<br />
(including engines) with parts of an equal or greater value and to carry out maintenance of the<br />
Asset in accordance with best industry practice. The Company has the right to inspect the<br />
Asset at specified intervals. Emirates is not permitted to remove an engine from the airframe<br />
of the Asset except for (i) maintenance (ii) use on other Emirates-owned/operated aircraft or<br />
(iii) use by other airlines pursuant to customary pooling and sub-leasing arrangements.<br />
Insurance<br />
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