Common use of Buyer Information Clause in Contracts

Buyer Information. 7.1 During the manufacture of the Aircraft, Buyer shall provide to XXXX on or before the date required by XXXX, all information as XXXX xxx reasonably request to manufacture the Aircraft including, without limitation, the selection of furnishings, internal and external colour schemes. Within seven (7) calendar days following the signing this Agreement, Buyer will: (a) provide XXXX with an external paint scheme agreed on by the parties; and (b) select interior colours (from BRAD's standard colours). Failure of Buyer to comply with these requirements may result in an increase in price, a delay in delivery of the Aircraft, or both. 7.2 On or before execution of this Agreement Buyer shall notify XXXX in writing of the BFE (if any) that Buyer wishes to have incorporated into each Aircraft. Buyer shall also provide details of: a. weights and dimensions of the BFE; b. test equipment or special tools required to incorporate the BFE; and c. any other information XXXX xxx reasonably require. Within one hundred and twenty (120) calendar days thereafter, XXXX shall advise Buyer of its acceptance or rejection of the BFE and of the dates by which each item of BFE is required by XXXX. If required the parties hereto shall execute a Change Order in accordance with Article 11.1 to cover those BFE accepted by XXXX. 7.3 The BFE accepted by XXXX pursuant to this Article shall be incorporated in the manufacturing process of the Aircraft subject to the following conditions: a. Title to the BFE shall remain at all times with Buyer and risk of loss of the BFE shall remain at all times with Buyer except for damages caused by BRAD's gross negligence. b. The BFE must be received Carriage Paid To (Incoterms 1990) BRAD's plant or such other place as XXXX xxx designate, no later than the date notified pursuant to Article 7.2, free and clear of any taxes, duties, licenses, charges, liens or other similar claims; c. The BFE shall meet: 1) customary industry standards of quality (with the exception of any paint to be supplied by Buyer, which must meet BRAD's requirements and specifications), and 2) the requirements of the applicable airworthiness certification agency; d. The BFE shall be delivered to XXXX in good condition and ready for immediate incorporation into the Aircraft. XXXX shall, upon receipt, inspect the BFE as to quantity and apparent defects and inform Buyer of any discrepancies and the required corrective actions to be taken; e. XXXX shall only be responsible for the fitment and testing of the BFE in the Aircraft using reasonable care and good manufacturing practices, in accordance with Buyer's written detailed description of the dimensions and weight of such BFE. Buyer shall also furnish information necessary for its proper storage, fitment, servicing, maintenance and operation and availability of test equipment or special tools; f. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH, XXXX SHALL HAVE NO LIABILITY OR OTHER OBLIGATIONS AND IS HEREBY RELIEVED OF ANY LIABILITY, WARRANTY OR OTHER OBLIGATION WITH RESPECT TO THE BFE AND BUYER HEREBY WAIVES ALL EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING THOSE OF MERCHANTABILITY OR FITNESS OR OTHERWISE AND ALL OTHER LIABILITY (STRICT OR OTHERWISE) ON THE PART OF XXXX, BE IT IN FACT, IN LAW, IN CONTRACT, OR IN TORT (INCLUDING WITHOUT LIMITATION THE ACTIVE, PASSIVE OR IMPUTED NEGLIGENCE OR STRICT PRODUCTS LIABILITY OF XXXX OR ITS AFFILIATES), OR OTHERWISE, IN CONNECTION WITH THE BFE OR ITS DESIGN, SUITABILITY, USE OR OPERATION. 7.4 If at any time between receipt of the BFE by XXXX and the Delivery Date, it is determined by XXXX that an item of BFE supplied does not meet the standards and requirements described above or its fitment, integration and testing in the Aircraft or Aircraft systems create delays in the manufacturing or certification process, then such BFE may be removed and replaced by other BFE or by BRAD's equipment. Any costs associated with the removal, refitment, replacement, testing, certification and/or delays in the Delivery Date of the Aircraft shall be borne by Buyer. 7.5 In the event that the delivery of an Aircraft is delayed due to any delay caused by Buyer's failure to: a. deliver or have BFE delivered by the date required; b. ensure satisfactory design, suitability, use or operation of the BFE; c. furnish or obtain applicable BFE data; d. perform any adjusting, calibrating, retesting or updating of BFE; e. furnish or obtain any approvals in compliance with the provisions of this Article; or f. comply with the conditions of this Article. XXXX agrees to discuss with Buyer the steps to be taken to minimize, cure, eliminate or work around the delay, but any delay incurred shall be the responsibility of Buyer and Buyer shall pay to XXXX any costs and expenses reasonably incurred by XXXX due to such delay. 7.6 Should there be a delay in delivery caused either by a failure of Buyer described in Article 7.5, or by an event to which reference is made in Article 13.0 in connection with the BFE, and if such delay cannot reasonably be minimized, cured, eliminated or worked around by agreement of the parties, Buyer agrees that XXXX xxx deliver the Aircraft without installing the unapproved, delayed or nonconforming BFE, and Buyer agrees to take delivery of and pay for the Aircraft. 7.7 If this Agreement is terminated in whole or in part in accordance with the provisions hereof XXXX xxx elect to, by written notice to Buyer, either: a. purchase the BFE ordered by Buyer and/or received by XXXX at the invoice price paid by Buyer; or b. return the BFE to Buyer Free Carrier (Incoterms 1990) BRAD's plant, or such other place that XXXX xxx designate.

Buyer Information. 7.1 During the manufacture of the Aircraft, Buyer shall provide to XXXX Bombardier on or before the date required by XXXXBombardier, all information as XXXX xxx Bombardier may reasonably request (with timely notice) to manufacture the Aircraft including, without limitation, the selection of furnishings, internal and external colour schemes. Within seven (7) calendar days following the signing this Agreement, Buyer will, not less than the number of months set forth in the applicable Supplement, prior to the delivery of the first Aircraft governed by such Supplement: (a) provide XXXX Bombardier with an external paint scheme agreed on by the parties; and (b) select interior colours (from BRADBombardier's standard colours). Failure of Buyer to comply with these requirements may result in an increase in price, a delay in delivery of the Aircraft, or both. 7.2 On [CONFIDENTIAL TREATMENT REQUESTED] prior to the delivery of the first Aircraft under a Supplement, where the Supplement includes the purchase of a de Havilland Dash 8 Series 100, 200, 300 or before execution Canadair Regional Jet Series 200 aircraft, and [CONFIDENTIAL TREATMENT REQUESTED] prior to the delivery of this Agreement the first Aircraft under a Supplement, where the Supplement includes the purchase of a de Havilland Dash 8 Series 400 or Canadair Regional Jet Series 700 aircraft, Buyer shall notify XXXX Bombardier, in writing writing, of the BFE (if any) that Buyer wishes to have incorporated into on each Aircraft. Buyer shall also provide details of: a. (a) weights and dimensions of the BFE; b. (b) test equipment or special tools required to incorporate the BFE; and c. (c) any other information XXXX xxx Bombardier may reasonably require. Within one hundred and twenty (120) calendar days [CONFIDENTIAL TREATMENT REQUESTED] thereafter, XXXX Bombardier shall advise Buyer of its acceptance or rejection of the BFE BFE, acceptance of which is not to be unreasonably refused, and of the dates by which each item of BFE is required by XXXXBombardier. If required the parties hereto shall execute a Change Order in accordance with Article 11.1 to cover those BFE accepted by XXXXBombardier. 7.3 The BFE accepted by XXXX Bombardier pursuant to this Article shall be incorporated in the manufacturing process of the Aircraft subject to the following conditions: a. (a) Title to the BFE shall remain at all times with Buyer and risk of loss of the BFE shall remain at all times with Buyer except for damages caused by BRADBombardier's gross negligence. b. (b) The BFE must be received Carriage Paid To (Incoterms 1990) BRADBombardier's plant or such other place as XXXX xxx Bombardier may designate, no later than the date notified pursuant to Article 7.2, free and clear of any taxes, duties, licenses, charges, liens or other similar claims; c. (c) The BFE shall meet: 1) customary industry the standards of quality (with the exception of any paint to be supplied by Buyer, which must meet BRAD's requirements and specifications)Bombardier, and 2) the requirements of the applicable airworthiness certification agency; d. (d) The BFE shall be delivered to XXXX Bombardier in good condition and ready for immediate incorporation into the Aircraft. XXXX Bombardier shall, upon receipt, inspect the BFE as to quantity and apparent defects and inform Buyer Bxxxx of any discrepancies and the required corrective actions to be taken; e. XXXX shall only be responsible for the fitment and testing of the BFE in the Aircraft using reasonable care and good manufacturing practices, in accordance with Buyer's written detailed description of the dimensions and weight of such BFE. Buyer shall also furnish information necessary for its proper storage, fitment, servicing, maintenance and operation and availability of test equipment or special tools;(e) [CONFIDENTIAL TREATMENT REQUESTED] f. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH, XXXX SHALL HAVE NO LIABILITY OR OTHER OBLIGATIONS AND IS HEREBY RELIEVED OF ANY LIABILITY, WARRANTY OR OTHER OBLIGATION WITH RESPECT TO THE BFE AND BUYER HEREBY WAIVES ALL EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING THOSE OF MERCHANTABILITY OR FITNESS OR OTHERWISE AND ALL OTHER LIABILITY (STRICT OR OTHERWISEf) ON THE PART OF XXXX, BE IT IN FACT, IN LAW, IN CONTRACT, OR IN TORT (INCLUDING WITHOUT LIMITATION THE ACTIVE, PASSIVE OR IMPUTED NEGLIGENCE OR STRICT PRODUCTS LIABILITY OF XXXX OR ITS AFFILIATES), OR OTHERWISE, IN CONNECTION WITH THE BFE OR ITS DESIGN, SUITABILITY, USE OR OPERATION.[CONFIDENTIAL TREATMENT REQUESTED] 7.4 If at any time between receipt of the BFE by XXXX Bombardier and the Delivery Date, it is determined by XXXX Bombardier that an item of BFE supplied does not meet the standards and requirements described above (provided that same are correct) or its fitment, integration and testing in [CONFIDENTIAL TREATMENT REQUESTED] the Aircraft or Aircraft systems create delays in the manufacturing or certification process, then such BFE may be removed and replaced by other BFE or by BRADBombardier's equipment. Any costs associated with the removal, refitment, replacement, testing, certification and/or delays in the Delivery Date of the Aircraft shall be borne by Buyer[CONFIDENTIAL TREATMENT REQUESTED]. 7.5 In the event that the delivery of an Aircraft is delayed due to any delay caused by BuyerBxxxx's failure to: a. (a) deliver or have BFE delivered by the date required; b. (b) ensure satisfactory design, suitability, use or operation of the BFE; c. (c) furnish or obtain applicable BFE data; d. (d) perform any adjusting, calibrating, retesting or updating of BFE; e. (e) furnish or obtain any approvals in compliance with the provisions of this Article; or f. (f) comply with the conditions of this Article. XXXX then Bombardier agrees to discuss with Buyer Bxxxx the steps to be taken to minimize, cure, eliminate or work around the delay, but any delay incurred shall be the responsibility of Buyer and Buyer shall pay to XXXX any costs and expenses reasonably incurred by XXXX due to such delay[CONFIDENTIAL TREATMENT REQUESTED]. 7.6 Should there be a delay in delivery caused either by a failure of Buyer described in Article 7.5, or by an event to which reference is made in Article 13.0 in connection with the BFE, and if such delay cannot reasonably be minimized, cured, eliminated or worked around by agreement of the parties, Buyer agrees that XXXX xxx deliver the Aircraft without installing the unapproved, delayed or nonconforming BFE, and Buyer agrees to take delivery of and pay for the Aircraft[CONFIDENTIAL TREATMENT REQUESTED]. 7.7 If this Agreement is terminated in whole or in part in accordance with the provisions hereof XXXX xxx Bombardier may elect to, by written notice to Buyer, either: a. (a) if concurrence is received from Buyer, purchase the BFE ordered by Buyer Bxxxx and/or received by XXXX Bombardier at the invoice price paid by Buyer; or b. (b) return the BFE to Buyer Free Carrier (Incoterms 1990) BRADBombardier's plant, or such other place that XXXX xxx Bombardier may designate.

Buyer Information. 7.1 During the manufacture of the Aircraft, Buyer shall provide to XXXX on BRAD xx or before the date required by XXXXBRAD, all xxl information as XXXX BRAD xxx reasonably request to manufacture the Aircraft including, without limitation, the selection of furnishings, internal and external colour schemes. Within seven sixty (760) calendar days following the of signing this Agreement, Buyer willshall: (a) provide XXXX with Provide BRAD xxxh an external paint scheme agreed on by the parties; and; (b) select interior colours (from BRAD's standard colours)colours);and (c) Provide to BRAD, xx drawings which will be forwarded to Buyer, language translations for interior and exterior Aircraft labels. Failure of Buyer to comply with these requirements may result in an increase in price, a delay in delivery of the Aircraft, or both. 7.2 On or before execution of this Agreement Buyer shall notify XXXX in BRAD xx writing of the BFE (if any) that Buyer wishes to have incorporated into each Aircraft. Buyer shall also provide details of: a. weights and dimensions of the BFE; b. test equipment or special tools required to incorporate the BFE; and c. any other information XXXX BRAD xxx reasonably xxxsonably require. Within one hundred and twenty (120) calendar days thereafter, XXXX BRAD shall advise Buyer of its acceptance or rejection of the BFE and of the dates by which each item of BFE is required by XXXXBRAD. If Xx required the parties hereto shall execute a Change Order in accordance with Article 11.1 9.1 to cover those BFE accepted by XXXXBRAD. 7.3 0.3 The BFE accepted by XXXX pursuant to BRAD xxxxxxxx xx this Article shall be incorporated in the manufacturing process of the Aircraft subject to the following conditions: a. Title to the BFE shall remain at all times with Buyer and Buyex xxx risk of loss of the BFE shall remain at all times with Buyer except Buyex xxxept for damages caused by BRAD's gross BRAD'x xross negligence. b. The BFE must be received Carriage Paid To (Incoterms 1990) BRAD's plant F.O.B. BRAD'x xlant or such other place as XXXX BRAD xxx designatexxxignate, no later than the date notified pursuant to Article 7.2agreed upon between Buyex xxx BRAD, free xxee and clear of any taxes, duties, licenses, charges, liens or other similar claims; c. The BFE shall meet: 1) customary industry the standards of quality (with the exception of any paint to be supplied by BuyerBRAD, which must meet BRAD's requirements and specifications), andxxd 2) the requirements of the applicable airworthiness certification agency; d. The BFE shall be delivered to XXXX in BRAD xx good condition and ready for immediate incorporation into the Aircraft. XXXX BRAD shall, upon receipt, inspect the BFE as to quantity and apparent defects and inform Buyer of Buyex xx any discrepancies and the required corrective actions to be taken; e. XXXX shall only be responsible for the fitment and testing of the BFE in the Aircraft using reasonable care and good manufacturing practices, in accordance with Buyer's written detailed description of the dimensions and weight of such BFE. Buyer shall also furnish information necessary for its proper storage, fitment, servicing, maintenance and operation and availability of test equipment or special tools; f. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH, XXXX SHALL HAVE NO LIABILITY OR OTHER OBLIGATIONS AND IS HEREBY RELIEVED OF ANY LIABILITY, WARRANTY OR OTHER OBLIGATION WITH RESPECT TO THE BFE AND BUYER HEREBY WAIVES ALL EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING THOSE OF MERCHANTABILITY OR FITNESS OR OTHERWISE AND ALL OTHER LIABILITY (STRICT OR OTHERWISE) ON THE PART OF XXXX, BE IT IN FACT, IN LAW, IN CONTRACT, OR IN TORT (INCLUDING WITHOUT LIMITATION THE ACTIVE, PASSIVE OR IMPUTED NEGLIGENCE OR STRICT PRODUCTS LIABILITY OF XXXX OR ITS AFFILIATES), OR OTHERWISE, IN CONNECTION WITH THE BFE OR ITS DESIGN, SUITABILITY, USE OR OPERATION. 7.4 If at any time between receipt of the BFE by XXXX and the Delivery Date, it is determined by XXXX that an item of BFE supplied does not meet the standards and requirements described above or its fitment, integration and testing in the Aircraft or Aircraft systems create delays in the manufacturing or certification process, then such BFE may be removed and replaced by other BFE or by BRAD's equipment. Any costs associated with the removal, refitment, replacement, testing, certification and/or delays in the Delivery Date of the Aircraft shall be borne by Buyer. 7.5 In the event that the delivery of an Aircraft is delayed due to any delay caused by Buyer's failure to: a. deliver or have BFE delivered by the date required; b. ensure satisfactory design, suitability, use or operation of the BFE; c. furnish or obtain applicable BFE data; d. perform any adjusting, calibrating, retesting or updating of BFE; e. furnish or obtain any approvals in compliance with the provisions of this Article; or f. comply with the conditions of this Article. XXXX agrees to discuss with Buyer the steps to be taken to minimize, cure, eliminate or work around the delay, but any delay incurred shall be the responsibility of Buyer and Buyer shall pay to XXXX any costs and expenses reasonably incurred by XXXX due to such delay. 7.6 Should there be a delay in delivery caused either by a failure of Buyer described in Article 7.5, or by an event to which reference is made in Article 13.0 in connection with the BFE, and if such delay cannot reasonably be minimized, cured, eliminated or worked around by agreement of the parties, Buyer agrees that XXXX xxx deliver the Aircraft without installing the unapproved, delayed or nonconforming BFE, and Buyer agrees to take delivery of and pay for the Aircraft. 7.7 If this Agreement is terminated in whole or in part in accordance with the provisions hereof XXXX xxx elect to, by written notice to Buyer, either: a. purchase the BFE ordered by Buyer and/or received by XXXX at the invoice price paid by Buyer; or b. return the BFE to Buyer Free Carrier (Incoterms 1990) BRAD's plant, or such other place that XXXX xxx designate.

Buyer Information. 7.1 During the manufacture of the Aircraft, Buyer shall provide to XXXX on or before the date required by XXXX, all information as XXXX xxx reasonably request to manufacture the Aircraft including, without limitation, the selection of furnishings, internal and external colour schemes. Within seven thirty (730) calendar days following of execution of the signing this Agreement, Buyer will: (a) provide XXXX with an external paint scheme agreed on by the parties; and (b) select interior colours (from BRAD's standard colours). Failure of Buyer to comply with these requirements may result in an increase in price, a delay in delivery of the Aircraft, or both. 7.2 On or before execution of this Agreement Buyer shall notify XXXX in writing of the BFE (if any) that Buyer wishes to have incorporated into each Aircraft. Buyer shall also provide details of: a. weights and dimensions of the BFE; b. test equipment or special tools required to incorporate the BFE; and c. any other information XXXX xxx reasonably require. Within one hundred and twenty ninety (12090) calendar days thereafter, XXXX shall advise Buyer of its acceptance or rejection of the BFE BFE, acceptance of which is not to be unreasonably refused, and of the dates by which each item of BFE is required by XXXX. If required the parties hereto shall execute a Change Order in accordance with Article 11.1 to cover those BFE accepted by XXXX. 7.3 The BFE accepted by XXXX pursuant to this Article shall be incorporated in the manufacturing process of the Aircraft subject to the following conditions: a. Title to the BFE shall remain at all times with Buyer and risk of loss of the BFE shall remain at all times with Buyer except for damages caused by BRAD's gross negligence. b. The BFE must be received Carriage Paid To (Incoterms 1990) BRAD's plant or such other place as XXXX xxx designate, no later than the date notified pursuant to Article 7.2, free and clear of any taxes, duties, licenses, charges, liens or other similar claims; c. The BFE shall meet: 1) customary industry the standards of quality (with the exception of any paint to be supplied by Buyer, which must meet BRAD's requirements and specifications)XXXX, and 2) the requirements of the applicable airworthiness certification agency; d. The BFE shall be delivered to XXXX in good condition and ready for immediate incorporation into the Aircraft. XXXX shall, upon receipt, inspect the BFE as to quantity and apparent defects and inform Buyer of any discrepancies and the required corrective actions to be taken; e. XXXX shall only be responsible for the fitment and testing of the BFE in the Aircraft using reasonable care and good manufacturing practices, in accordance with Buyer's written detailed description of the dimensions and weight of such BFE. Buyer shall also furnish information necessary for its proper storage, fitment, servicing, maintenance and operation and availability of test equipment or special tools; f. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH, XXXX SHALL HAVE NO LIABILITY OR OTHER OBLIGATIONS AND IS HEREBY RELIEVED OF ANY LIABILITY, WARRANTY OR OTHER OBLIGATION WITH RESPECT TO THE BFE AND BUYER HEREBY WAIVES ALL EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING THOSE OF MERCHANTABILITY OR FITNESS OR OTHERWISE AND ALL OTHER LIABILITY (STRICT OR OTHERWISE) ON THE PART OF XXXX, BE IT IN FACT, IN LAW, IN CONTRACT, OR IN TORT (INCLUDING WITHOUT LIMITATION THE ACTIVE, PASSIVE OR IMPUTED NEGLIGENCE OR STRICT PRODUCTS LIABILITY OF XXXX OR ITS AFFILIATES), OR OTHERWISE, IN CONNECTION WITH THE BFE OR ITS DESIGN, SUITABILITY, USE OR OPERATION. 7.4 If at any time between receipt of the BFE by XXXX and the Delivery Date, it is reasonably determined by XXXX that an item of BFE supplied does not meet the standards and requirements described above or its fitment, integration and testing in the Aircraft or Aircraft systems create delays in the manufacturing or certification process, then such BFE may be removed and replaced by other BFE or by BRAD's equipment. Any costs associated with the removal, refitment, replacement, testing, certification and/or delays in the Delivery Date of the Aircraft shall be borne by BuyerBuyer unless a specific change made by XXXX results in previously acceptable BFE being refused. 7.5 In the event that the delivery of an Aircraft is delayed due to any delay caused by Buyer's failure to: a. deliver or have BFE delivered by the date required; b. ensure satisfactory design, suitability, use or operation of the BFE; c. furnish or obtain applicable BFE data; d. perform any adjusting, calibrating, retesting or updating of BFE; e. furnish or obtain any approvals in compliance with the provisions of this Article; or f. comply with the conditions of this Article. ; then XXXX agrees to discuss with Buyer the steps to be taken to minimize, cure, eliminate or work around the delay, but any delay incurred shall be the responsibility of Buyer and Buyer shall pay to XXXX any costs and expenses reasonably incurred by XXXX due to such delay. 7.6 Should there be a delay in delivery caused either by a failure of Buyer described in Article 7.5, or by an event to which reference is made in Article 13.0 in connection with the BFE, and if such delay cannot reasonably be minimized, cured, eliminated or worked around by agreement of the parties, Buyer agrees that XXXX xxx deliver the Aircraft without installing the unapproved, delayed or nonconforming BFE, and Buyer agrees to take delivery of and pay for the Aircraft. 7.7 If this Agreement is terminated in whole or in part in accordance with the provisions hereof XXXX xxx elect to, by written notice to Buyer, either: a. if concurrence is received from Buyer, purchase the BFE ordered by Buyer and/or received by XXXX at the invoice price paid by Buyer; or or b. return the BFE to Buyer Free Carrier (Incoterms 1990) BRAD's plant, or such other place that XXXX xxx designate.

Buyer Information. 7.1 During the manufacture of the Aircraft, Buyer shall provide to XXXX on or before Bombardier at least [* ] prior to the date required by XXXX, Scheduled Delivery Date of the first Aircraft all information as XXXX xxx Bombardier may reasonably request to manufacture the Aircraft including, without limitation, the selection of furnishings, internal and external colour schemes. Within seven (7) calendar days following the signing this Agreement, Buyer will: (a) shall provide XXXX Bombardier with an external paint scheme and internal colours agreed on by the parties; and (b) select interior colours (from BRAD's standard colours). Failure of Buyer to comply with these requirements may result in an increase in price, a delay in delivery of the Aircraft, or both. 7.2 On or before execution of this Agreement Buyer shall notify XXXX Bombardier in writing [* ] prior to the Scheduled Delivery Date of the BFE first Aircraft of the Buyer Furnished Equipment ("BFE") (if any) that Buyer wishes to have incorporated into each Aircraft. Buyer shall also provide details of: a. weights and dimensions of the BFE; ; b. test equipment or special tools required to incorporate the BFE; and c. any other information XXXX xxx Bombardier may reasonably require; and d. the proper storage, fitment, servicing, maintenance, operation and availability of test equipment or special tools needed for the BFE. Within one hundred and twenty (120) calendar days [* ] thereafter, XXXX Bombardier shall advise Buyer of its acceptance or rejection of the BFE and BFE, of the dates by which each item of BFE is required by XXXXBombardier and of the first succeeding Aircraft delivery in which the BFE can be incorporated. If required required, the parties hereto shall execute a Change Order in accordance with this Article 11.1 to cover those BFE items accepted by XXXXBombardier pursuant to Article 7.2. 7.3 The BFE accepted by XXXX Bombardier pursuant to this Article 7.2 shall be incorporated in the manufacturing process of the Aircraft subject to the following conditions: a. Title to the BFE shall remain at all times with Buyer and risk of loss of the BFE shall remain at all times with Buyer except for damages caused by BRAD's gross negligence. b. The BFE must be received Carriage Paid To (Incoterms 1990) BRADF.O.B. Bombardier's plant or such other place as XXXX xxx Bombardier may designate, no later than the date notified pursuant to Article 7.2agreed upon between Buyer and Bombardier, free and clear of any taxes, duties, licenses, charges, liens or other similar claims; c. b. The BFE shall meet: 1) customary industry the standards of quality (with the exception of any paint to be supplied by BuyerBombardier, which must meet BRAD's requirements and specifications), and 2) the requirements of the applicable airworthiness certification agency; d. c. The BFE shall be delivered to XXXX Bombardier in good condition and ready for immediate incorporation into the Aircraft. XXXX Bombardier shall, upon receipt, inspect the BFE as to quantity quality and apparent defects and inform Buyer of any discrepancies and the any required corrective actions to be taken; e. XXXX d. Bombardier shall only be responsible for the fitment and testing of the BFE in the Aircraft (with the exception of any BFE that may be installed by Buyer on the Aircraft after delivery of same to Buyer which shall remain the responsibility of Buyer) using reasonable care and good manufacturing practices, in accordance with Buyer's written detailed description of the dimensions and weight of such BFE. Buyer shall also furnish information necessary for its proper storage, fitment, servicing, maintenance and operation and availability of test equipment or special tools; f. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH, XXXX SHALL HAVE NO LIABILITY OR OTHER OBLIGATIONS AND IS HEREBY RELIEVED OF ANY LIABILITY, WARRANTY OR OTHER OBLIGATION WITH RESPECT TO THE BFE AND BUYER HEREBY WAIVES ALL EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING THOSE OF MERCHANTABILITY OR FITNESS OR OTHERWISE AND ALL OTHER LIABILITY (STRICT OR OTHERWISE) ON THE PART OF XXXX, BE IT IN FACT, IN LAW, IN CONTRACT, OR IN TORT (INCLUDING WITHOUT LIMITATION THE ACTIVE, PASSIVE OR IMPUTED NEGLIGENCE OR STRICT PRODUCTS LIABILITY OF XXXX OR ITS AFFILIATES), OR OTHERWISE, IN CONNECTION WITH THE BFE OR ITS DESIGN, SUITABILITY, USE OR OPERATION. 7.4 If at any time between receipt of the BFE by XXXX Bombardier and the Delivery DateDate for any Aircraft in which such BFE is to be incorporated, it is determined by XXXX mutually agreed that an item of BFE supplied does not meet the standards and requirements described above of Article 7.3 or its fitment, integration and testing in the Aircraft or Aircraft systems create delays in the manufacturing or certification process, then such BFE may shall be removed and replaced by other BFE or by BRADBombardier's equipmentequipment unless Buyer requests delivery of the Aircraft without inclusion of such BFE. Any costs associated with the removal, refitment, replacement, testing, testing and/or certification and/or delays in the Delivery Date of the Aircraft BFE and the price of the equipment provided in substitution for any BFE by Bombardier, if applicable, shall be borne by Buyer. 7.5 In the event that the delivery of an Aircraft in which BFE is to be incorporated is delayed due to any delay caused by Buyer's failure to: a. deliver deliver, or have the applicable BFE delivered by the date required; ; b. ensure satisfactory design, suitability, use or operation of the applicable BFE; ; c. furnish or obtain applicable BFE data; ; d. perform any adjusting, calibrating, retesting or updating of applicable BFE; ; e. furnish or obtain any approvals in compliance with the provisions of this Article; or or f. comply with the conditions of this Article. XXXX Article 7.1 and/or 7.3; Bombardier agrees to discuss with Buyer and, where appropriate, agree with Buyer on the steps to be taken to minimize, cure, eliminate or work around the delay, but any delay incurred shall be the responsibility of Buyer and Buyer shall pay to XXXX Bombardier any costs and expenses reasonably incurred by XXXX Bombardier due to such delay. 7.6 Should there be a delay in delivery caused either by a failure Title to the BFE shall remain at all times with Buyer and risk of Buyer described in Article 7.5, or by an event to which reference is made in Article 13.0 in connection with the BFE, and if such delay cannot reasonably be minimized, cured, eliminated or worked around by agreement loss of the partiesBFE shall remain at all times with Buyer, Buyer agrees that XXXX xxx deliver the Aircraft without installing the unapproved, delayed or nonconforming BFE, and Buyer agrees to take delivery of and pay for the Aircraft[* ]. 7.7 If this Agreement is terminated in whole or in part in accordance with the provisions hereof XXXX xxx of this Agreement, Bombardier may elect to, by written notice to Buyer, either: a. purchase the BFE ordered by Buyer and/or received by XXXX Bombardier at the invoice price paid by Buyer; or b. return the BFE to Buyer Free Carrier (Incoterms 1990) BRADFOB Bombardier's plant, or such other place that XXXX xxx designateto which the BFE was delivered pursuant to Article 7.3 a. above.