Common use of Buyer’s Obligation and Seller’s Remedies Clause in Contracts

Buyer’s Obligation and Seller’s Remedies. 18.3.1 Any delay or failure in complying with the foregoing Clause 18.2 or in providing the descriptive information or service representatives mentioned in Clause 18.1 or in furnishing the BFE in serviceable condition at the requested delivery date or in obtaining any required approval for such equipment under the above mentioned Aviation Authorities regulations may delay the performance of any act to be performed by the Seller, and cause the Final Price of the Aircraft to be adjusted in accordance with the updated delivery schedule and to include in particular the amount of the Seller’s additional costs, attributable to such delay or failure such as storage, taxes, insurance and costs of out-of sequence installation.

Appears in 5 contracts

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

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Buyer’s Obligation and Seller’s Remedies. 18.3.1 Any delay or failure in complying with the foregoing Clause 18.2 warranty or in providing the descriptive information or service representatives mentioned in Clause 18.1 or in furnishing the BFE in serviceable condition at the requested delivery date or in obtaining any required approval for such equipment under the above mentioned Aviation Authorities regulations may delay the performance of any act to be performed by the Seller, and cause the Final Price of the Aircraft to be adjusted in accordance with the updated delivery schedule and to include in particular the amount of the Seller’s 's additional costs, attributable to such delay or failure such as storage, taxes, insurance and costs of out-of sequence installation.

Appears in 4 contracts

Samples: Letter Agreement (China Southern Airlines Co LTD), Letter Agreement (China Southern Airlines Co LTD), Letter Agreement (China Eastern Airlines Corp LTD)

Buyer’s Obligation and Seller’s Remedies. 18.3.1 Any delay or failure in complying with the foregoing Clause 18.2 warranty or in providing the descriptive information or service representatives mentioned in Clause 18.1 or in furnishing the BFE in serviceable condition at the requested delivery date or in obtaining any required approval for such equipment under the above mentioned Aviation Authorities regulations may delay the performance of any act to be performed by the Seller, and cause the Final Price of the relevant Aircraft to be adjusted in accordance with the updated delivery schedule and to include in particular the amount of the Seller’s additional reasonable costs, attributable to such delay or failure such as storage, taxes, insurance and costs of out-of sequence installation.

Appears in 2 contracts

Samples: Aircraft Purchase Agreement (AerCap Holdings N.V.), Participation Agreement (AerCap Holdings N.V.)

Buyer’s Obligation and Seller’s Remedies. 18.3.1 Any delay or failure in complying with the foregoing Clause 18.2 warranty or in providing the descriptive information or service representatives mentioned in Clause 18.1 or in furnishing the BFE in serviceable condition at the requested delivery date or in obtaining any required approval for such equipment under the above mentioned Aviation Authorities regulations may delay the performance of any act to be performed by the Seller, and cause the Final Price of the Aircraft to be adjusted in accordance with the updated delivery schedule and to include in particular the amount of the Seller’s evidenced additional costs, directly attributable to such delay or failure such as storage, taxes, insurance and costs of out-of sequence installation. The Seller shall take reasonable steps to mitigate such additional costs.

Appears in 2 contracts

Samples: A350 XWB Purchase Agreement (Latam Airlines Group S.A.), Purchase Agreement (Latam Airlines Group S.A.)

Buyer’s Obligation and Seller’s Remedies. 18.3.1 Any delay or failure in complying with the foregoing Clause 18.2 warranty or in providing the descriptive information or service representatives mentioned in Clause 18.1 or in furnishing the BFE in serviceable condition at the requested delivery date or in obtaining any required approval for such equipment under the above mentioned Aviation Authorities regulations may delay the performance of any act to be performed by the Seller, and cause the Final Price of the Aircraft to be adjusted in accordance with the updated delivery schedule and to include in particular the amount of the Seller’s 's * additional costs, directly attributable to such delay or failure such as storage, taxes, insurance and costs of out-of sequence installation.. *

Appears in 1 contract

Samples: Letter Agreement (Tam S.A.)

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Buyer’s Obligation and Seller’s Remedies. 18.3.1 18.1.5 Any delay or failure in complying with the foregoing Clause 18.2 warranty or in providing the descriptive information or service representatives mentioned in Clause 18.1 or in furnishing the BFE in serviceable condition at the requested delivery date or in obtaining any required approval for such equipment under the above mentioned Aviation Authorities regulations may delay the performance of any act to be performed by the Seller, and cause the Final Price of the Aircraft to be adjusted in accordance with the updated delivery schedule and to include in particular the amount of the Seller’s additional costs, attributable to such delay or failure such as storage, taxes, insurance and costs of out-of of-sequence installation. ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.

Appears in 1 contract

Samples: Letter Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.)

Buyer’s Obligation and Seller’s Remedies. 18.3.1 Any delay or failure in complying with the foregoing Clause 18.2 warranty or in providing the descriptive information or service representatives mentioned in Clause 18.1 or in furnishing the BFE in serviceable condition at the requested delivery date or in obtaining any required approval for such equipment under the above mentioned Aviation Authorities regulations may reasonably delay the performance of any act to be performed by the Seller, and cause the Final Price of the Aircraft to be adjusted in accordance with the updated delivery schedule and to include in particular the amount of the Seller’s 's reasonable additional costs, attributable to such delay or failure such as storage, taxes, insurance and costs of out-of sequence installation.

Appears in 1 contract

Samples: Letter Agreement (KLM Royal Dutch Airlines)

Buyer’s Obligation and Seller’s Remedies. 18.3.1 14.3.1 Any delay or failure in complying with the foregoing Clause 18.2 warranty or in providing the descriptive information or service representatives mentioned in Clause 18.1 14.1 or in furnishing the BFE in serviceable condition at the requested delivery date or in obtaining any required approval for such equipment under the above mentioned Aviation Authorities regulations may delay the performance of any act to be performed by the Seller, and cause the Final Price of the Aircraft to be adjusted in accordance with the updated delivery schedule and to include in particular the amount of the Seller’s additional costs, attributable to such delay or failure such as storage, taxes, insurance and costs of out-of sequence installation.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Frontier Group Holdings, Inc.)

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