3. The Claimant didn't perform a commercially affordable sale of the subject aircraft: less than Kansas regulation situated in complete or in part upon eight (eight) individual recognized components, all over again underneath Kansas law;
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iii. Repossession and sale on the aircrafts for your settlement of your remarkable stability with the sale rate;
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The proof indicates that Gulf Jet exercised substantial bargaining power during the negotiations and delayed closing. As for your font, it absolutely was clearly legible and significant provisions have been highlighted in Daring. In addition, it seems through the confront with the Leases that Gulf Jet affixed its stamp or seal to every website page of every Lease, suggesting that every web site was reviewed and authorized. The alleged grounds of invalidity relied upon by Gulf Jet are certainly not commercially realistic nor credible and they are inconsistent with the proof. website If Gulf Jet and Al Meeza were unaware of your conditions on the Leases as is recommended, that is definitely due only to their particular wilful disregard from the agreements. Therefor e the grounds from the alleged invalidity asserted by Gulf Jet as noted above have to be rejected.
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Thus, matter to your affirmative defences raised with the Respondents and discussed under, it's past dispute that Gulf Jet was prima facie in breach of its payment obligations and dedicated an Party of Default as described less than each Lease as on the dates observed in subparagraphs 129 a. and b.
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file. Guaranty dated 2 August 2007 signed by Al Mulla in regard of Cessna Lease 5605701 whereby Al Mulla undertook to "unconditionally and irrevocably assurance[]the well timed and unconditional payment to Cessna [] (or to its purchase) of all quantities owed by Lessee below Lease, and additional unconditionally guarantees the effectiveness of all of Lessee's other obligations under the Lease when owing and in stringent compliance with Each and every on the conditions and terms thereof. (Show 6 into the Request for Arbitration, Assurance, paragraph A)