Common use of Aircraft Damaged Beyond Repair Clause in Contracts

Aircraft Damaged Beyond Repair. If an aircraft is destroyed or damaged beyond repair for any reason before delivery, Boeing will give written notice to Customer specifying the earliest month possible, consistent with Boeing’s other contractual commitments and production capabilities, in which Boeing can deliver a replacement. Customer will have 30 days from receipt of such notice to elect to have Boeing manufacture a replacement aircraft under the same terms and conditions of purchase, except that the calculation of the Escalation Adjustment will be based upon the scheduled delivery month in effect immediately prior to the date of such notice, or, failing such election, the applicable purchase agreement will terminate with respect to such aircraft. Boeing will not be obligated to manufacture a replacement aircraft if reactivation of the production line for the specific model of aircraft would be required.

Appears in 5 contracts

Samples: Purchase Agreement (Fedex Corp), Purchase Agreement (Fedex Corp), Aircraft General Terms Agreement (Copa Holdings, S.A.)

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Aircraft Damaged Beyond Repair. If an aircraft is destroyed or damaged beyond repair for any reason before delivery, Boeing will give written notice to Customer specifying the earliest month possible, consistent with Boeing’s 's other contractual commitments and production capabilities, in which Boeing can deliver a replacement. Customer will have 30 days from receipt of such notice to elect to have Boeing manufacture a replacement aircraft under the same terms and conditions of purchase, except that the calculation of the Escalation Adjustment will be based upon the scheduled delivery month in effect immediately prior to the date of such notice, or, failing such election, the applicable purchase agreement will terminate with respect to such aircraft. Boeing will not be obligated to manufacture a replacement aircraft if reactivation of the production line for the specific model of aircraft would be required.

Appears in 5 contracts

Samples: Aircraft General Terms Agreement (Copa Holdings, S.A.), Aircraft General Terms Agreement (Continental Airlines Inc /De/), Aircraft General Terms Agreement (Alaska Air Group Inc)

Aircraft Damaged Beyond Repair. If an aircraft is destroyed or damaged beyond repair for any reason before delivery, Boeing will give written notice to Customer specifying the earliest month possible, consistent with Boeing’s 's other contractual commitments and production capabilities, in which Boeing can deliver a replacement. Customer [*] customer will have 30 thirty (30) days from receipt of such notice to elect to have Boeing manufacture a replacement aircraft under the same terms and conditions of purchase, except that the calculation of the Escalation Adjustment will be based upon the scheduled delivery month in effect immediately prior to the date of such notice, or, failing such election, the applicable purchase agreement will terminate with respect to such aircraft. Boeing will not be obligated to manufacture a replacement aircraft if reactivation of the production line for the specific model of aircraft would be required.

Appears in 1 contract

Samples: Purchase Agreement (Ryanair Holdings PLC)

Aircraft Damaged Beyond Repair. If an aircraft Aircraft is destroyed or damaged beyond repair for any reason before delivery, Boeing will give written notify Customer in writing as soon as possible but no later than thirty (30) days after such event, and such notice to Customer specifying will specify the earliest month possible, consistent with Boeing’s 's other contractual commitments and production capabilities, in which Boeing can deliver a replacement. Customer will have 30 thirty (30) days from receipt of such notice to elect to have Boeing manufacture a replacement aircraft under the same terms and conditions of purchase, except that the calculation of the Escalation Adjustment will be based upon the scheduled delivery month in effect immediately prior to the date of such noticeScheduled Delivery Month, or, failing such election, the applicable purchase agreement Purchase Agreement will terminate with respect to such aircraftAircraft. Boeing will not be obligated to manufacture a replacement aircraft if it requires the reactivation of the production line for the specific model of aircraft would be requiredso damaged.

Appears in 1 contract

Samples: Aircraft General Terms Agreement (Amr Corp)

Aircraft Damaged Beyond Repair. If an aircraft is destroyed or damaged beyond repair for any reason before delivery, Boeing will give written notice to Customer specifying the earliest month possible, consistent with Boeing’s 's other contractual commitments and production capabilities, in which Boeing can deliver a replacement. Customer will have 30 thirty (30) days from receipt of such notice to elect to have Boeing manufacture a replacement aircraft under the same terms and conditions of purchase, except that the calculation of the Escalation Adjustment will be based upon the scheduled delivery month in effect immediately prior to the date of such notice, or, failing such election, the applicable purchase agreement will terminate with respect to such aircraft. Boeing will not be obligated to manufacture a replacement aircraft if reactivation of the production line for the specific model of aircraft would be required.

Appears in 1 contract

Samples: Aircraft General Terms Agreement (Allegiant Travel CO)

Aircraft Damaged Beyond Repair. If an aircraft is destroyed or damaged beyond repair for any reason before delivery, Boeing will give written notice to Customer specifying the earliest month possible, consistent with Boeing’s other contractual commitments and production capabilities, in which Boeing can deliver a replacement. Customer will have 30 days from receipt of such notice to elect to have Boeing manufacture a replacement aircraft under the same terms and conditions of purchase, except that the calculation of the Escalation Adjustment will be based upon the scheduled delivery month in effect immediately prior to the date of such notice, or, failing such election, the applicable purchase agreement will terminate with respect to such aircraft. Boeing will not be obligated to manufacture a replacement aircraft if reactivation of the production line for the specific model of aircraft would be required.. 7.6

Appears in 1 contract

Samples: Purchase Agreement

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Aircraft Damaged Beyond Repair. If an aircraft is destroyed or damaged beyond repair for any reason before delivery, Boeing will give written notice to Customer specifying the earliest month possible, consistent with Boeing’s 's other contractual commitments and production capabilities, in which Boeing can deliver a replacement. Customer will have 30 days from receipt of such notice to elect to have Boeing manufacture a replacement aircraft under the same terms and conditions of purchase, except that the calculation of the Escalation Adjustment will be based upon the scheduled delivery month in effect immediately prior to the date of such noticemonth, or, failing such election, the applicable purchase agreement will terminate with respect to such aircraft. Boeing will not be obligated to manufacture a replacement aircraft if reactivation of the production line for the specific model of aircraft would be is required.

Appears in 1 contract

Samples: Aircraft General Terms Agreement (Atlas Air Inc)

Aircraft Damaged Beyond Repair. If an aircraft is destroyed or damaged beyond repair for any reason before delivery, Boeing will give written notice to Customer specifying the earliest month possible, consistent with Boeing’s 's other contractual commitments and production capabilities, in which Boeing can deliver a replacement. Customer will have 30 days from receipt of such notice to elect to have Boeing manufacture a replacement aircraft under the same terms and conditions of purchase, except that the calculation of the Escalation AGTA-ASA - 6 - Adjustment will be based upon the scheduled delivery month in effect immediately prior to the date of such notice, or, failing such election, the applicable purchase agreement will terminate with respect to such aircraft. Boeing will not be obligated to manufacture a replacement aircraft if reactivation of the production line for the specific model of aircraft would be required.

Appears in 1 contract

Samples: Aircraft General Terms Agreement (Alaska Air Group, Inc.)

Aircraft Damaged Beyond Repair. If an aircraft Aircraft is destroyed or damaged beyond repair for any reason before deliveryDelivery, Boeing will give written notice to Customer specifying the earliest month possible, consistent with Boeing’s 's other contractual commitments and production capabilities, capabilities in which Boeing can deliver a replacement. Customer will have 30 thirty (30) days from receipt of such notice to elect to have Boeing manufacture a replacement aircraft under the same terms and conditions of purchase, except that the calculation of the Escalation Adjustment will be based upon the scheduled delivery month Scheduled Delivery Month in effect immediately prior to the date of such notice, or, failing such election, the applicable purchase agreement Purchase Agreement will terminate with respect to such aircraftAircraft. Boeing will not be obligated to manufacture a replacement aircraft if reactivation of the production line for the specific model of aircraft would be required.

Appears in 1 contract

Samples: Aircraft General Terms Agreement (Delta Air Lines Inc /De/)

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