Common use of Agreements of the Buyer Clause in Contracts

Agreements of the Buyer. 1.7.1 The Buyer agrees to purchase from the Seller, the Seller’s designee ANACS Spares Center or it’s the Seller’s licensee(s) (“Licensees”) the Seller Parts required for the Buyer’s own needs during the Term, provided that the provisions of this Article 1.7 shall not in any way prevent the Buyer from resorting to the Seller Parts stocks of other operators of the same aircraft type or model or from purchasing Seller Parts from said operators or from distributors or from other available sources, provided said Seller Parts have been originally designed by the Seller and manufactured by the Seller or its Licensee(s). Notwithstanding anything to the contrary in this Exhibit H, (i) Buyer shall not be precluded from purchasing any part, material, consumable, hardware or other item manufactured by any manufacturer not licensed by Seller, (ii) Seller shall not have any liability in respect of any such part, material, consumable, hardware or other item and (iii) the limitation on liability and indemnity set forth in Article 1.7.3 shall apply thereto to the same extent as if Buyer had manufactured the same. 1.7.2 The Buyer may manufacture, or have manufactured, for its own use and without paying any license fee to the Seller, parts equivalent to Seller Parts only: 1.7.2.1 after expiration of the Term, if at such time the Seller Parts are out of stock, 1.7.2.2 at any time, to the extent that Seller Parts are needed to perform aircraft on ground (“AOG”) repairs upon any Aircraft and are not available from the Seller, its Licensees or other approved sources within a lead time shorter than or equal to the time in which the Buyer can manufacture or have manufactured such Seller Parts, and provided the Buyer shall not sell such Seller Parts, 1.7.2.3 in the event that the Seller fails to fulfil its obligations with respect to any Seller Parts pursuant to Clause 1.2 within a reasonable time after written notice thereof from the Buyer, 1.7.2.4 in those instances when a Seller Part is identified as “Local Manufacture” in the Illustrated Parts Catalog (IPC). 1.7.3 The rights granted to the Buyer in Article 1.7.2 shall not in any way be construed as a license, nor shall they in any way obligate the Buyer to the payment of any license fee or royalty, nor shall they in any way be construed to affect the rights of third parties.

Appears in 3 contracts

Samples: Purchase Agreement (Avianca Holdings S.A.), Purchase Agreement (Avianca Holdings S.A.), Purchase Agreement (Avianca Holdings S.A.)

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Agreements of the Buyer. 1.7.1 1.4.1 The Buyer agrees to purchase from the Seller, the Seller’s designee ANACS Spares Center or it’s the Seller’s licensee(s) (“Licensees”) Seller the Seller Parts required for the Buyer’s 's own needs during the Term, provided that the provisions of this Article 1.7 Clause 1.4 shall not in any way prevent the Buyer from resorting to the Seller Parts stocks of other operators of using the same aircraft type or model Aircraft or from purchasing Seller Parts from said operators or from distributors or from other available sourcesdistributors, provided said Seller Parts have been originally designed by the Seller and manufactured by the Seller or its Licensee(s). Notwithstanding anything to the contrary in this Exhibit H, (i) Buyer shall not be precluded from purchasing any part, material, consumable, hardware or other item manufactured by any manufacturer not licensed by Seller, (ii) Seller shall not have any liability in respect of any such part, material, consumable, hardware or other item and (iii) the limitation on liability and indemnity set forth in Article 1.7.3 shall apply thereto to the same extent as if Buyer had manufactured the same. 1.7.2 1.4.2 The Buyer may manufacture, manufacture or have manufactured, manufactured for its own use and without paying any license fee to the Seller, or may purchase from other sources, parts equivalent to Seller Parts onlyParts: 1.7.2.1 1.4.2.1 after expiration of the Term, Term if at such time the Seller Parts are out of stock, 1.7.2.2 1.4.2.2 at any time, to the extent that Seller Parts are needed to perform effect aircraft on ground ("AOG") repairs upon any Aircraft delivered under the Agreement and are not available from the Seller, its Licensees or other approved sources Seller within a lead time shorter than or equal to the time in which the Buyer can manufacture or have manufactured procure such Seller Parts, and provided the Buyer shall not sell such Seller Parts, 1.7.2.3 1.4.2.3 in the event that the Seller fails to fulfil its obligations with respect to any Seller Parts pursuant to Clause 1.2 within a reasonable time after written notice thereof from the Buyer, 1.7.2.4 1.4.2.4 in those instances when where a Seller Part is identified as "Local Manufacture" in the Illustrated Parts Catalog (IPC). 1.7.3 1.4.3 The rights granted to the Buyer in Article 1.7.2 Clause 1.4.2 shall not in any way be construed as a license, nor shall they in any way obligate the Buyer to the payment of any license fee EXHIBIT "H" or royalty, nor shall they in any way be construed to affect the rights of third parties.

Appears in 2 contracts

Samples: Purchase Agreement (China Eastern Airlines Corp LTD), Purchase Agreement (China Eastern Airlines Corp LTD)

Agreements of the Buyer. 1.7.1 1.4.1 The Buyer agrees to purchase from the Seller, the Seller’s designee ANACS Spares Center or it’s the Seller’s licensee(s) (“Licensees”) Seller the Seller Parts required for the Buyer’s 's own needs during the Term, provided that the provisions of this Article 1.7 Clause 1.4 shall not in any way prevent the Buyer from resorting to the Seller Parts stocks of other operators of using the same aircraft type or model Aircraft or from purchasing Seller Parts from said operators or from distributors or from other available sourcesdistributors, provided said Seller Parts have been originally designed by the Seller and manufactured by the Seller or its Licensee(s). Notwithstanding anything to the contrary in this Exhibit H, (i) Buyer shall not be precluded from purchasing any part, material, consumable, hardware or other item manufactured by any manufacturer not licensed by Seller, (ii) Seller shall not have any liability in respect of any such part, material, consumable, hardware or other item and (iii) the limitation on liability and indemnity set forth in Article 1.7.3 shall apply thereto to the same extent as if Buyer had manufactured the same. 1.7.2 1.4.2 The Buyer may manufacture, manufacture or have manufactured, manufactured for its own use and without paying any license fee to the Seller, or may purchase from other sources, parts equivalent to Seller Parts only: 1.7.2.1 1.4.2.1 after expiration of the Term, Term if at such time the Seller Parts are out of stock, 1.7.2.2 1.4.2.2 at any time, to the extent that Seller Parts are needed to perform effect aircraft on ground (“AOG”) repairs upon any Aircraft delivered under the Agreement and are not available from the Seller, its Licensees or other approved sources Seller within a lead time shorter than or equal to the time in which the Buyer can manufacture or have manufactured procure such Seller Parts, and provided the Buyer shall not sell such Seller Parts, 1.7.2.3 1.4.2.3 in the event that the Seller fails to fulfil its obligations with respect to any Seller Parts pursuant to Clause 1.2 within a reasonable time after written notice thereof from the Buyer, 1.7.2.4 1.4.2.4 in those instances when where a Seller Part is identified as "Local Manufacture" in the Illustrated Parts Catalog (IPC). 1.7.3 1.4.3 The rights granted to the Buyer in Article 1.7.2 Clause 1.4.2 shall not in any way be construed as a license, nor shall they in any way obligate the Buyer to the payment of any license fee or royalty, nor shall they in any way be construed to affect the rights of third parties. *** This information is subject to confidential treatment and has been omitted and filed separately with the Commission. 2.1 Initial Provisioning Period

Appears in 2 contracts

Samples: A319/A320 Purchase Agreement (China Southern Airlines Co LTD), A319/A320 Purchase Agreement (China Southern Airlines Co LTD)

Agreements of the Buyer. 1.7.1 The Buyer agrees to purchase from the Seller, the Seller’s designee ANACS Spares Center Seller or it’s the Seller’s its licensee(s) (“Licensees”) the Seller Parts required for the Buyer’s 's own needs during the Term, provided that the provisions of this Article 1.7 shall not in any way prevent the Buyer from resorting to the Seller Parts stocks of other operators of the same aircraft type or model or from purchasing Seller Parts from said operators or from distributors or from other available sourcesdistributors, provided said Seller Parts have been originally designed by the Seller and manufactured by the Seller or its Licensee(s). Notwithstanding anything to the contrary in this Exhibit H, (i) Buyer shall not be precluded from purchasing any part, material, consumable, hardware or other item manufactured by any manufacturer not licensed by Seller, (ii) Seller shall not have any liability in respect of any such part, material, consumable, hardware or other item and (iii) the limitation on liability and indemnity set forth in Article 1.7.3 shall apply thereto to the same extent as if Buyer had manufactured the same. 1.7.2 The Buyer may manufacture, or have manufactured, for its own use and without paying any license fee to the Seller, parts equivalent to Seller Parts only: 1.7.2.1 after expiration of the Term, if at such time the Seller Parts are out of stock, 1.7.2.2 at any time, to the extent that Seller Parts are needed to perform confirmed aircraft on ground (“AOG”) repairs upon any Aircraft delivered under the Agreement and are not available from the Seller, its Licensees or other approved sources within a lead time shorter than or equal to the time in which the Buyer can manufacture or have manufactured procure such Seller Parts, and provided the Buyer shall not sell such Seller Parts, 1.7.2.3 in the event that the Seller fails to fulfil its obligations with respect to any Seller Parts pursuant to Clause 1.2 within a reasonable time after written notice thereof from the Buyer, 1.7.2.4 in those instances when a Seller Part is identified as "Local Manufacture" in the Illustrated Parts Catalog (IPC). 1.7.3 1.7.3.1 The rights granted to the Buyer in Article 1.7.2 shall not in any way be construed as a license, nor shall they in any way obligate the Buyer to the payment of any license fee or royalty, nor shall they in any way be construed to affect the rights of third parties. 1.7.3.2 Furthermore, in the event of the Buyer manufacturing or having manufactured any parts, subject to the conditions of Article 1.7.2, such manufacturing and any use made of the manufactured parts shall be under the sole liability of the Buyer and the consent given by the Seller shall not be construed as express or implicit approval howsoever either of the Buyer or of the manufactured parts. It shall further be the Buyer’s sole responsibility to ensure that such manufacturing is performed in accordance with the relevant procedures and Aviation Authority requirements.

Appears in 2 contracts

Samples: Purchase Agreement (China Southern Airlines Co LTD), Purchase Agreement (China Southern Airlines Co LTD)

Agreements of the Buyer. 1.7.1 1.4.1 The Buyer agrees to purchase from the Seller, the Seller’s designee ANACS Spares Center or it’s the Seller’s licensee(s) (“Licensees”) Seller the Seller Parts required for the Buyer’s 's own needs during the Term, provided that the provisions of this Article 1.7 Clause 1.4 shall not in any way prevent the Buyer from resorting to the Seller Parts stocks of other operators of using the same aircraft type or model Aircraft or from purchasing Seller Parts from said operators or from distributors or from other available sourcesdistributors, provided said Seller Parts have been originally designed by the Seller and manufactured by the Seller or its Licensee(s). Notwithstanding anything to the contrary in this Exhibit H, (i) Buyer shall not be precluded from purchasing any part, material, consumable, hardware or other item manufactured by any manufacturer not licensed by Seller, (ii) Seller shall not have any liability in respect of any such part, material, consumable, hardware or other item and (iii) the limitation on liability and indemnity set forth in Article 1.7.3 shall apply thereto to the same extent as if Buyer had manufactured the same. 1.7.2 1.4.2 The Buyer may manufacture, manufacture or have manufactured, manufactured for its own use and without paying any license fee to the Seller, or may purchase from other sources, parts equivalent to Seller Parts only: 1.7.2.1 1.4.2.1 after expiration of the Term, Term if at such time the Seller Parts are out of stock, 1.7.2.2 1.4.2.2 at any time, to the extent that Seller Parts are needed to perform effect aircraft on ground ("AOG") repairs upon any Aircraft delivered under the Agreement and are not available from the Seller, its Licensees or other approved sources Seller within a lead time shorter than or equal to the time in which the Buyer can manufacture or have manufactured procure such Seller Parts, and provided the Buyer shall not sell such Seller Parts, 1.7.2.3 1.4.2.3 in the event that the Seller fails to fulfil its obligations with respect to any Seller Parts pursuant to Clause 1.2 within a reasonable time after written notice thereof from the Buyer, 1.7.2.4 1.4.2.4 in those instances when where a Seller Part is identified as "Local Manufacture" in the Illustrated Parts Catalog (IPC). 1.7.3 1.4.3 The rights granted to the Buyer in Article 1.7.2 Clause 1.4.2 shall not in any way be construed as a license, nor shall they in any way obligate the Buyer to the payment of any license fee or royalty, nor shall they in any way be construed to affect the rights of third parties.

Appears in 1 contract

Samples: Purchase Agreement (KLM Royal Dutch Airlines)

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Agreements of the Buyer. 1.7.1 The Buyer agrees to purchase from the Seller, the Seller’s designee ANACS Spares Center Seller or it’s the Seller’s its licensee(s) (“Licensees”) the Seller Parts required for the Buyer’s 's own needs during the Term, provided that the provisions of this Article 1.7 shall not in any way prevent the Buyer from resorting to the Seller Parts stocks of other operators of the same aircraft type or model or from purchasing Seller Parts from said operators or from distributors or from other available sourcesdistributors, provided said Seller Parts have been originally designed by the Seller and manufactured by the Seller or its Licensee(s). Notwithstanding anything to the contrary in this Exhibit H, (i) Buyer shall not be precluded from purchasing any part, material, consumable, hardware or other item manufactured by any manufacturer not licensed by Seller, (ii) Seller shall not have any liability in respect of any such part, material, consumable, hardware or other item and (iii) the limitation on liability and indemnity set forth in Article 1.7.3 shall apply thereto to the same extent as if Buyer had manufactured the same. 1.7.2 The Buyer may manufacture, or have manufactured, for its own use and without paying any license fee to the Seller, parts equivalent to Seller Parts only: 1.7.2.1 after expiration of the Term, if at such time the Seller Parts are out of stock, 1.7.2.2 at any time, to the extent that Seller Parts are needed to perform confirmed aircraft on ground (“AOG”) repairs upon any Aircraft delivered under the relevant Purchase Agreement and are not available from the Seller, its Licensees or other approved sources within a lead time shorter than or equal to the time in which the Buyer can manufacture or have manufactured procure such Seller Parts, and provided the Buyer shall not sell such Seller Parts, 1.7.2.3 in the event that the Seller fails to fulfil its obligations with respect to any Seller Parts pursuant to Clause 1.2 within a reasonable time after written notice thereof from the Buyer, 1.7.2.4 in those instances when a Seller Part is identified as "Local Manufacture" in the Illustrated Parts Catalog (IPC). 1.7.3 1.7.3.1 The rights granted to the Buyer in Article 1.7.2 shall not in any way be construed as a license, nor shall they in any way obligate the Buyer to the payment of any license fee or royalty, nor shall they in any way be construed to affect the rights of third parties. 1.7.3.2 Furthermore, in the event of the Buyer manufacturing or having manufactured any parts, subject to the conditions of Article 1.7.2, such manufacturing and any use made of the manufactured parts shall be under the sole liability of the Buyer and the consent given by the Seller shall not be construed as express or implicit approval howsoever either of the Buyer or of the manufactured parts. It shall further be the Buyer’s sole responsibility to ensure that such manufacturing is performed in accordance with the relevant procedures and Aviation Authority requirements.

Appears in 1 contract

Samples: Aircraft General Terms Agreement (China Southern Airlines Co LTD)

Agreements of the Buyer. 1.7.1 1.4.1 The Buyer agrees to purchase from the Seller, the Seller’s designee ANACS Spares Center or it’s the Seller’s licensee(s) (“Licensees”) Seller the Seller Parts required for the Buyer’s 's own needs during the Term, provided that the provisions of this Article 1.7 Clause 1.4 shall not in any way prevent the Buyer from resorting to the Seller Parts stocks of other operators of airlines operating the same aircraft type or model Aircraft or from purchasing Seller Parts from said operators airlines, or from distributors or from other available sourcesdealers, provided said Seller Parts have been originally designed by the Seller and manufactured by by, or obtained from, the Seller or its Licensee(s). Notwithstanding anything to the contrary in this Exhibit H, (i) Buyer shall not be precluded from purchasing any part, material, consumable, hardware or other item manufactured by any manufacturer not licensed by Seller, (ii) Seller shall not have any liability in respect of any such part, material, consumable, hardware or other item and (iii) the limitation on liability and indemnity set forth in Article 1.7.3 shall apply thereto to the same extent as if Buyer had manufactured the same. 1.7.2 1.4.2 The Buyer may manufacture, manufacture or have manufactured, manufactured for its own use and without paying any license fee to the Seller, or may purchase from other sources, parts equivalent to Seller Parts only: 1.7.2.1 1.4.2.1 after expiration of the Term, Term if at such time the Seller Parts are out of stock,, EXHIBIT I 1.7.2.2 1.4.2.2 at any time, to the extent that Seller Parts are needed to perform effect aircraft on ground ("AOG") repairs upon any Aircraft delivered under the Agreement and are not available from the Seller, its Licensees or other approved sources Seller within a lead time shorter than or equal to the time in which the Buyer can manufacture or have manufactured provide such Seller Parts, and provided the Buyer shall not sell such Seller Parts, 1.7.2.3 1.4.2.3 in the event that the Seller fails to fulfil its obligations with respect to any Seller Parts pursuant to Clause 1.2 within a reasonable time after written notice thereof from the Buyer, 1.7.2.4 1.4.2.4 in those instances when where a Seller Part is identified as "Local Manufacture" in the Illustrated Parts Catalog (IPC). 1.7.3 1.4.3 The rights granted to the Buyer in Article 1.7.2 Clause 1.4.2 shall not in any way be construed as a license, nor shall they in any way obligate the Buyer to the payment of any license fee or royalty, nor shall they in any way be construed to affect the rights of third parties.

Appears in 1 contract

Samples: Purchase Agreement (Gatx Capital Corp)

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