Common use of CERTIFICATION FOR EXPORT Clause in Contracts

CERTIFICATION FOR EXPORT. 8.1 BXXX has obtained and will continue to have on each Delivery Date from Transport Canada ("TC"), a valid TC Type Approval (Transport Category) and from the Federal Aviation Administration of the United States ("FAA") an FAA Type Certificate for the type of aircraft purchased under this Agreement. 8.2 BXXX shall provide to Buyer a TC Certificate of Airworthiness (Transport Category) for export, on or before the Delivery Date with respect to each Aircraft. 8.3 The obtaining of any import license or authority required to import or operate the Aircraft into any country outside of Canada shall be the responsibility of Buyer. BXXX will, assist Buyer in obtaining import permits and licenses. BXXX shall, with Buyer's assistance, obtain the issuance of a Canadian export license to enable Buyer to export the Aircraft from Canada, subject to prevailing export control regulations in effect on the Delivery Date. Except as provided in Articles 8.1, 8.2 and 8.3 BXXX shall not be obligated to obtain any other certificates or approvals as part of this Agreement. 8.4 If any addition or change to, or modification or testing of the Aircraft is required or will be required by the passage of time by any law or governmental regulation or requirement or interpretation thereof by any governmental agency having jurisdiction subsequent to the date of this Agreement but prior to the Delivery Date in order to meet the requirements of Article 8.2 (a "Regulatory Change"), such Regulatory Change shall be made to the Aircraft prior to Delivery Date, or at such other time after the Delivery Date as the parties may agree upon taking into account the terminating action deadline. 8.5 The Regulatory Change shall be made without additional charge to Buyer unless such Regulatory Change is: (a) necessary to comply with any requirement of the United States, the country of import, which varies from or is in addition to its regulation, requirement or interpretation in effect on the date hereof for the issuance of a Certificate of Airworthiness in said country of import (unless such requirement has been imposed to correct a defect specific to the Aircraft or to the Canadair Regional Jet fleet of aircraft), in which case Buyer shall pay BRAD's reasonable charges for such Regulatory Change, or (b) required by any governmental law or regulations or interpretation thereof promulgated by TC or the FAA which is effective subsequent to the date of this Agreement but before the Delivery Date and which is applicable to all aircraft in general or to all aircraft of the same category as the Aircraft, in which case Buyer shall pay BRAD's reasonable charges for such Regulatory Change incorporated in any such Aircraft. 8.6 If delivery of the Aircraft is delayed by the incorporation of any Regulatory Change, such delay shall be an Excusable Delay within the meaning of Article 13 subject to the limitations therein. Notwithstanding the provision of * should the Regulatory Change be required to correct a defect specific to the Aircraft or to the Canadair Regional Jet fleet of aircraft, * 8.7 BXXX shall issue a Change Order, reflecting any Regulatory Change required to be made under this Article 8, which shall set forth in detail the particular changes to be made and the effect, if any, of such changes on design, performance, weight, balance, time of delivery, Base Price, the Aircraft Purchase Price, * all in accordance with this Agreement. Any Change Orders issued pursuant to this Article shall be effective and binding upon the date of BRAD's transmittal of such Change Order, all in accordance with this Agreement. Although Buyer's consent to said Change Order is not required, BXXX agrees to consult with Buyer regarding the change proposed by BXXX to implement such Regulatory Change. 8.8 If the use of any of the certificates identified in this Article 8 are discontinued during the performance of this Agreement, reference to such discontinued certificate shall be deemed a reference to any other certificate or instrument which corresponds to such certificate or, if there should not be any such other certificate or instrument, then BXXX shall be deemed to have obtained such discontinued certificate(s) upon demonstrating that the Aircraft complies substantially with the Specification.

Appears in 2 contracts

Samples: Purchase Agreement (Atlantic Coast Airlines Inc), Purchase Agreement (Atlantic Coast Airlines Inc)

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CERTIFICATION FOR EXPORT. 8.1 BXXX Bombardier has obtained and or will continue to have on each Delivery Date obtain from Transport Canada Canada, Airworthiness ("TC"), a valid TC Type Approval or Certificate (Transport Category) and from the Federal Aviation Administration of the United States ("FAA") an FAA Type Certificate for the type of aircraft purchased under this AgreementAgreement and any applicable Supplement. 8.2 BXXX Bombardier shall provide to Buyer a TC Certificate of Airworthiness (Transport Category) for exportExport to the United States of America, on or before the Delivery Date with respect to each AircraftDate. 8.3 Bombardier shall not be obligated to obtain any other certificates or approvals as part of this Agreement. The obtaining of any import license or authority required to import or operate the Aircraft into any country outside of Canada shall be the responsibility of Buyer. BXXX will, assist Buyer in obtaining import permits and licenses. BXXX Bombardier shall, to the extent permitted by law, and with Buyer's assistance, obtain seek the issuance of a Canadian export license to enable Buyer to export the Aircraft from Canada, Canada subject to prevailing export control regulations in effect on the Delivery Date. Except as provided in Articles 8.1, 8.2 and 8.3 BXXX shall not be obligated to obtain any other certificates or approvals as part of this Agreement. 8.4 If any addition or change to, or modification or testing of the Aircraft is required or will be required by the passage of time by any law or governmental regulation or requirement or interpretation thereof by any governmental agency having jurisdiction subsequent to the date of this Agreement but prior to the Delivery Date in order to meet the requirements of Article 8.2 (a "Regulatory Change"), such Regulatory Change shall be made to the Aircraft prior to Delivery Date, or at such other time after the Delivery Date as the parties may agree upon taking into account the terminating action deadlineupon. 8.5 The Regulatory Change shall be made without additional charge to Buyer unless such Regulatory Change is: (a) necessary to comply with any requirement of the United States, country specified in the country TC Certificate of importAirworthiness for Export, which varies from or is in addition to its regulation, requirement or interpretation in effect on the date hereof for the issuance of a Certificate of Airworthiness in said country of import (unless such requirement has been imposed to correct a defect specific to the Aircraft or to the Canadair Regional Jet fleet of aircraft)country, in which case Buyer shall pay BRADBombardier's reasonable charges for such Regulatory Change, or (b) required by any governmental law or regulations or interpretation thereof promulgated by TC TC, or the FAA as applicable, which is effective subsequent to the date of this Agreement but before the Delivery Date and which is applicable to all aircraft in general or to all aircraft of the same category as the Aircraft, in which case Buyer shall pay BRADBombardier's reasonable charges for such Regulatory Change incorporated in any such Aircraft. 8.6 If delivery of the Aircraft is delayed by the incorporation of any Regulatory Change, such delay shall be an Excusable Delay within the meaning of Article 13 subject to the limitations therein. Notwithstanding the provision of * should the Regulatory Change be required to correct a defect specific to the Aircraft or to the Canadair Regional Jet fleet of aircraft, *13. 8.7 BXXX Bombardier shall issue a Change Order, reflecting any Regulatory Change required to be made under this Article 8, which shall set forth in detail the particular changes to be made and the effect, if any, of such changes on design, performance, weight, balance, time of delivery, Base Price, the Price and Aircraft Purchase Price, * all in accordance with this Agreement. Any Change Orders issued pursuant to this Article shall be effective and binding upon the date of BRADBombardier's transmittal of such Change Order, all in accordance with this Agreement. Although Buyer's consent to said Change Order is not required, BXXX agrees to consult with Buyer regarding the change proposed by BXXX to implement such Regulatory Change. 8.8 If the use of any of the certificates identified in this Article 8 are discontinued during the performance of this Agreement, reference to such discontinued certificate shall be deemed a reference to any other certificate or instrument which corresponds to such certificate or, if there should not be any such other certificate or instrument, then BXXX Bombardier shall be deemed to have obtained such discontinued certificate(s) upon demonstrating that the Aircraft complies substantially with the Specification. 8.9 Reference to a regulatory authority shall include any succeeding department or agency then responsible for the duties of said regulatory authority.

Appears in 2 contracts

Samples: Master Purchase Agreement (Skywest Inc), Master Purchase Agreement (Skywest Inc)

CERTIFICATION FOR EXPORT. 8.1 BXXX Bombardier has obtained and will continue to have on each Delivery Date from Transport Canada ("TC"), a valid TC Type Approval (Transport Category) and from the Federal Aviation Administration of the United States ("FAA") an FAA Type Certificate for the type of aircraft purchased under this Agreement. 8.2 BXXX Bombardier shall provide to Buyer a TC Certificate of Airworthiness (Transport Category) for export, on or before the Delivery Date with respect to each Aircraft. 8.3 The obtaining of any import license or authority required to import or operate the Aircraft into any country outside of Canada shall be the responsibility of Buyer. BXXX Bombardier will, assist Buyer in obtaining import permits and licenses. BXXX Bombardier shall, with Buyer's assistance, obtain the issuance of a Canadian export license to enable Buyer to export the Aircraft from Canada, subject to prevailing export control regulations in effect on the Delivery Date. Except as provided in Articles 8.1, 8.2 and 8.3 BXXX Bombardier shall not be obligated to obtain any other certificates or approvals as part of this Agreement. 8.4 If any addition or change to, or modification or testing of the Aircraft is required or will be required by the passage of time by any law or governmental regulation or requirement or interpretation thereof by any governmental agency having jurisdiction subsequent to the date of this Agreement but prior to the Delivery Date in order to meet the requirements of Article 8.2 (a "Regulatory Change"), such Regulatory Change shall be made to the Aircraft prior to Delivery Date, or at such other time after the Delivery Date as the parties may agree upon taking into account the terminating action deadline. 8.5 The Regulatory Change shall be made without additional charge to Buyer unless such Regulatory Change is: (a) necessary to comply with any requirement of the United States, the country of import, which varies from or is in addition to its regulation, requirement or interpretation in effect on the date hereof for the issuance of a Certificate of Airworthiness in said country of import (unless such requirement has been imposed to correct a defect specific to the Aircraft or to the Canadair Regional Jet fleet of aircraft), in which case Buyer shall pay BRADBombardier's reasonable charges for such Regulatory Change, or (b) required by any governmental law or regulations or interpretation thereof promulgated by TC or the FAA which is effective subsequent to the date of this Agreement but before the Delivery Date and which is applicable to all aircraft in general or to all aircraft of the same category as the Aircraft, in which case Buyer shall pay BRADBombardier's reasonable charges for such Regulatory Change incorporated in any such Aircraft. 8.6 If delivery of the Aircraft is delayed by the incorporation of any Regulatory Change, such delay shall be an Excusable Delay within the meaning of Article 13 subject to the limitations therein. Notwithstanding the provision of * Article 13.2(b), should the Regulatory Change be required to correct a defect specific to the Aircraft or to the Canadair Regional Jet fleet of aircraft, *--- ----------------------------------- ----------------------------------- ----------------------------------- ---------------- 8.7 BXXX Bombardier shall issue a Change Order, reflecting any Regulatory Change required to be made under this Article 8, which shall set forth in detail the particular changes to be made and the effect, if any, of such changes on design, performance, weight, balance, time of delivery, Base Price, the Aircraft Purchase Price, * ---------- ----------------------------------- -------------- all in accordance with this Agreement. Any Change Orders issued pursuant to this Article shall be effective and binding upon the date of BRADBombardier's transmittal of such Change Order, all in accordance with this Agreement. Although Buyer's consent to said Change Order is not required, BXXX Bombardier agrees to consult with Buyer regarding the change proposed by BXXX Bombardier to implement such Regulatory Change. 8.8 If the use of any of the certificates identified in this Article 8 are discontinued during the performance of this Agreement, reference to such discontinued certificate shall be deemed a reference to any other certificate or instrument which corresponds to such certificate or, if there should not be any such other certificate or instrument, then BXXX Bombardier shall be deemed to have obtained such discontinued certificate(s) upon demonstrating that the Aircraft complies substantially with the Specification.

Appears in 1 contract

Samples: Purchase Agreement (Atlantic Coast Airlines Holdings Inc)

CERTIFICATION FOR EXPORT. 8.1 BXXX has obtained and will continue to have on each Delivery Date from Transport Canada ("TC"), a valid TC Type Approval (Transport Category) and from the Federal Aviation Administration of the United States ("FAA") an FAA Type Certificate for the type of aircraft purchased under this Agreement. 8.2 BXXX shall provide to Buyer a TC Certificate of Airworthiness (Transport Category) for export, on or before the Delivery Date with respect to each Aircraft. 8.3 The obtaining of any import license or authority required to import or operate the Aircraft into any country outside of Canada shall be the responsibility of Buyer. BXXX will, assist Buyer in obtaining import permits and licenses. BXXX shall, with Buyer's assistance, obtain the issuance of a Canadian export license to enable Buyer to export the Aircraft from Canada, subject to prevailing export control regulations in effect on the Delivery Date. Except as provided in Articles 8.1, 8.2 and 8.3 BXXX shall not be obligated to obtain any other certificates or approvals as part of this Agreement. 8.4 If any addition or change to, or modification or testing of the Aircraft is required or will be required by the passage of time by any law or governmental regulation or requirement or interpretation thereof by any governmental agency having jurisdiction subsequent to the date of this Agreement but prior to the Delivery Date in order to meet the requirements of Article 8.2 (a "Regulatory Change"), such Regulatory Change shall be made to the Aircraft prior to Delivery Date, or at such other time after the Delivery Date as the parties may agree upon taking into account the terminating action deadline. 8.5 The Regulatory Change shall be made without additional charge to Buyer unless such Regulatory Change is: (a) necessary to comply with any requirement of the United States, the country of import, which varies from or is in addition to its regulation, requirement or interpretation in effect on the date hereof for the issuance of a Certificate of Airworthiness in said country of import (unless such requirement has been imposed to correct a defect specific to the Aircraft or to the Canadair Regional Jet fleet of aircraft), in which case Buyer shall pay BRAD's reasonable charges for such Regulatory Change, or (b) required by any governmental law or regulations or interpretation thereof promulgated by TC or the FAA which is effective subsequent to the date of this Agreement but before the Delivery Date and which is applicable to all aircraft in general or to all aircraft of the same category as the Aircraft, in which case Buyer shall pay BRAD's reasonable charges for such Regulatory Change incorporated in any such Aircraft. 8.6 If delivery of the Aircraft is delayed by the incorporation of any Regulatory Change, such delay shall be an Excusable Delay within the meaning of Article 13 subject to the limitations therein. Notwithstanding the provision of * should the Regulatory Change be required to correct a defect specific to the Aircraft or to the Canadair Regional Jet fleet of aircraft, * 8.7 BXXX shall issue a Change Order, reflecting any Regulatory Change required to be made under this Article 8, which shall set forth in detail the particular changes to be made and the effect, if any, of such changes on design, performance, weight, balance, time of delivery, Base Price, the Aircraft Purchase Price, * all in accordance with this Agreement. Any Change Orders issued pursuant to this Article shall be effective and binding upon the date of BRAD's transmittal of such Change Order, all in accordance with this Agreement. Although Buyer's consent to said Change Order is not required, BXXX agrees to consult with Buyer regarding the change proposed by BXXX to implement such Regulatory Change.* 8.8 If the use of any of the certificates identified in this Article 8 are discontinued during the performance of this Agreement, reference to such discontinued certificate shall be deemed a reference to any other certificate or instrument which corresponds to such certificate or, if there should not be any such other certificate or instrument, then BXXX shall be deemed to have obtained such discontinued certificate(s) upon demonstrating that the Aircraft complies substantially with the Specification.

Appears in 1 contract

Samples: Purchase Agreement (Atlantic Coast Airlines Inc)

CERTIFICATION FOR EXPORT. 8.1 BXXX XXXX has obtained and will continue to have on each Delivery Date from Transport Canada ("TC"), a valid TC Type Approval (Transport Category) and from the Federal Aviation Administration of the United States ("FAA") an FAA Type Certificate for the type of aircraft purchased under this Agreement. 8.2 BXXX XXXX shall provide to Buyer a TC Certificate of Airworthiness (Transport Category) for export, on or before the Delivery Date with respect Date. This Certificate shall bear a statement of compliance enabling Buyer to each Aircraftobtain an FAA Certificate of Airworthiness. 8.3 XXXX shall not be obligated to obtain any other certificates or approvals as part of this Agreement. The obtaining of any import license or authority required to import or operate the Aircraft into any country outside of Canada shall be the responsibility of Buyer. BXXX will, assist Buyer in obtaining import permits and licenses. BXXX XXXX shall, to the extent permitted by law, and with Buyer's assistance, obtain seek the issuance of a Canadian export license to enable Buyer to export the Aircraft from Canada, Canada subject to prevailing export control regulations in effect on the Delivery Date. Except as provided in Articles 8.1, 8.2 and 8.3 BXXX shall not be obligated to obtain any other certificates or approvals as part of this Agreement. 8.4 If any addition or change to, or modification or testing of the Aircraft is required or will be required by the passage of time by any law or governmental regulation or requirement or interpretation thereof by any governmental agency having jurisdiction subsequent to the date of this Agreement but prior to the Delivery Date in order to meet the requirements of Article 8.2 (a "Regulatory Change"), such Regulatory Change shall be made to the Aircraft prior to Delivery Date, or at such other time after the Delivery Date as the parties may agree upon taking into account the terminating action deadlineupon. 8.5 The Regulatory Change shall be made without additional charge to Buyer unless such Regulatory Change is: (a) necessary to comply with any requirement of the United StatesStates of America, the country of import, which varies from or is in addition to its regulation, requirement or interpretation in effect on the date hereof for the issuance of a Certificate of Airworthiness in said country of import (unless such requirement has been imposed to correct a defect specific to the Aircraft or to the Canadair Regional Jet fleet of aircraft)import, in which case Buyer shall pay BRAD's reasonable charges for such Regulatory Change, or (b) required by any governmental law or regulations or interpretation thereof promulgated by TC or the FAA which is effective subsequent to the date of this Agreement but before the Delivery Date and which is applicable to all aircraft in general or to all aircraft of the same category as the Aircraft, in which case Buyer shall pay BRAD's reasonable charges for such Regulatory Change incorporated in any such Aircraft. 8.6 If delivery of the Aircraft is delayed by the incorporation of any Regulatory Change, such delay shall be an Excusable Delay within the meaning of Article 13 subject to the limitations therein. Notwithstanding the provision of * should the Regulatory Change be required to correct a defect specific to the Aircraft or to the Canadair Regional Jet fleet of aircraft, *13. 8.7 BXXX XXXX shall issue a Change Order, reflecting any Regulatory Change required to be made under this Article 8, which shall set forth in detail the particular changes to be made and the effect, if any, of such changes on design, performance, weight, balance, time of delivery, Base Price, the Price and Aircraft Purchase Price, * all in accordance with this Agreement. Any Change Orders issued pursuant to this Article shall be effective and binding upon the date of BRAD's transmittal of such Change Order, all in accordance with this Agreement. Although Buyer's consent to said Change Order is not required, BXXX agrees to consult with Buyer regarding the change proposed by BXXX to implement such Regulatory Change. 8.8 If the use of any of the certificates identified in this Article 8 are discontinued during the performance of this Agreement, reference to such discontinued certificate shall be deemed a reference to any other certificate or instrument which corresponds to such certificate or, if there should not be certificate. 8.9 Reference to a regulatory authority shall include any such other certificate succeeding department or instrument, agency then BXXX shall be deemed to have obtained such discontinued certificate(s) upon demonstrating that responsible for the Aircraft complies substantially with the Specificationduties of said regulatory authority.

Appears in 1 contract

Samples: Purchase Agreement (Alaska Air Group Inc)

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CERTIFICATION FOR EXPORT. 8.1 BXXX XXXX has obtained and will continue to have on each Delivery Date from Transport Canada ("TC"), a valid TC Type Approval (Transport Category) and from the Federal Aviation Administration of the United States ("FAA") an FAA Type Certificate for the type of aircraft purchased under this Agreement. 8.2 BXXX XXXX shall provide to Buyer a TC Certificate of Airworthiness (Transport Category) for export, on or before the Delivery Date with respect to each Aircraft. 8.3 The obtaining of any import license or authority required to import or operate the Aircraft into any country outside of Canada shall be the responsibility of Buyer. BXXX XXXX will, assist Buyer in obtaining import permits and licenses. BXXX XXXX shall, with Buyer's assistance, obtain the issuance of a Canadian export license to enable Buyer to export the Aircraft from Canada, subject to prevailing export control regulations in effect on the Delivery Date. Except as provided in Articles 8.1, 8.2 and 8.3 BXXX XXXX shall not be obligated to obtain any other certificates or approvals as part of this Agreement. 8.4 If any addition or change to, or modification or testing of the Aircraft is required or will be required by the passage of time by any law or governmental regulation or requirement or interpretation thereof by any governmental agency having jurisdiction subsequent to the date of this Agreement but prior to the Delivery Date in order to meet the requirements of Article 8.2 (a "Regulatory Change"), such Regulatory Change shall be made to the Aircraft prior to Delivery Date, or at such other time after the Delivery Date as the parties may agree upon taking into account the terminating action deadline. 8.5 The Regulatory Change shall be made without additional charge to Buyer unless such Regulatory Change is: (a) necessary to comply with any requirement of the United States, the country of import, which varies from or is in addition to its regulation, requirement or interpretation in effect on the date hereof for the issuance of a Certificate of Airworthiness in said country of import (unless such requirement has been imposed to correct a defect specific to the Aircraft or to the Canadair Regional Jet fleet of aircraft), in which case Buyer shall pay BRAD's reasonable charges for such Regulatory Change, or (b) required by any governmental law or regulations or interpretation thereof promulgated by TC or the FAA which is effective subsequent to the date of this Agreement but before the Delivery Date and which is applicable to all aircraft in general or to all aircraft of the same category as the Aircraft, in which case Buyer shall pay BRAD's reasonable charges for such Regulatory Change incorporated in any such Aircraft. 8.6 If delivery of the Aircraft is delayed by the incorporation of any Regulatory Change, such delay shall be an Excusable Delay within the meaning of Article 13 subject to the limitations therein. Notwithstanding the provision of * Article 13.2(b), should the Regulatory Change be required to correct a defect specific to the Aircraft or to the Canadair Regional Jet fleet of aircraft, *[ * ] 8.7 BXXX XXXX shall issue a Change Order, reflecting any Regulatory Change required to be made under this Article 8, which shall set forth in detail the particular changes to be made and the effect, if any, of such changes on design, performance, weight, balance, time of delivery, Base Price, the Aircraft Purchase Price, [ * ] all in accordance with this Agreement. Any Change Orders issued pursuant to this Article shall be effective and binding upon the date of BRAD's transmittal of such Change Order, all in accordance with this Agreement. Although Buyer's consent to said Change Order is not required, BXXX XXXX agrees to consult with Buyer regarding the change proposed by BXXX XXXX to implement such Regulatory Change. 8.8 If the use of any of the certificates identified in this Article 8 are discontinued during the performance of this Agreement, reference to such discontinued certificate shall be deemed a reference to any other certificate or instrument which corresponds to such certificate or, if there should not be any such other certificate or instrument, then BXXX XXXX shall be deemed to have obtained such discontinued certificate(s) upon demonstrating that the Aircraft complies substantially with the Specification.

Appears in 1 contract

Samples: Purchase Agreement (Atlantic Coast Airlines Holdings Inc)

CERTIFICATION FOR EXPORT. 8.1 BXXX has obtained and Bombardier will continue obtain, prior to have on each the Delivery Date of the first Aircraft, from Transport Canada ("TC"), a valid TC Type Approval (Transport Category) and from the Federal Aviation Administration of the United States ("FAA") an FAA Type Certificate for the type of aircraft purchased under this Agreement. 8.2 BXXX shall provide Each Aircraft will be delivered to Buyer Northwest with a TC Certificate of Airworthiness (Transport Category) for export, on export and in a condition enabling Northwest (or before a person eligible to obtain such certificate under then applicable law) to obtain at the Delivery Date with respect time of delivery a Standard Airworthiness Certificate issued pursuant to each AircraftPart 25 of the U.S. Federal Aviation Regulations. 8.3 Bombardier shall not be obligated to obtain any other certificates or approvals as part of this Agreement. The obtaining of any import license or authority required to import or operate the Aircraft into any country outside of Canada shall be the responsibility of BuyerNorthwest. BXXX will, assist Buyer in obtaining import permits and licenses. BXXX shall, with Buyer's assistance, obtain the issuance of a Canadian export license to enable Buyer to export the Aircraft from Canada, subject to prevailing export control regulations in effect on the Delivery Date. Except as provided in Articles 8.1, 8.2 and 8.3 BXXX shall not be obligated to obtain any other certificates or approvals as part of this Agreement.[*] 8.4 If any addition or change to, or modification or testing of the any Aircraft is required or will be required by the passage of time by any law or governmental regulation or requirement or interpretation thereof by any governmental agency having jurisdiction subsequent to the date of this Agreement but prior to the Delivery Date in order to meet the requirements of Article 8.1 or 8.2 (a "Regulatory Change"), such Regulatory Change shall be made to the such Aircraft prior to its Delivery Date, or at such other time if the parties acting reasonably agree, after the Delivery Date as the parties may agree upon taking into account the terminating action deadlineDate. 8.5 The Regulatory Change shall be made without additional charge to Buyer Northwest unless such Regulatory Change is: (a) necessary to comply with any requirement of the United States, the country of import, which varies from or is in addition to its regulation, requirement or interpretation in effect on the date hereof for the issuance of a Certificate of Airworthiness in said country of import (unless such requirement has been imposed to correct a defect specific to the Aircraft or to the Canadair Regional Jet fleet of aircraft), in which case Buyer shall pay BRAD's reasonable charges for such Regulatory Change, or (b) required by any governmental law or regulations or interpretation thereof promulgated by TC or the FAA which is effective subsequent to the date of this Agreement but before the Delivery Date and which is applicable to all aircraft in general or to all aircraft of the same category as the Aircraft, in which case Buyer Northwest shall pay BRADBombardier's reasonable charges for such Regulatory Change incorporated in any such Aircraft. 8.6 If delivery of the an Aircraft is delayed by the incorporation of any Regulatory Change, such delay shall be an Excusable Delay within the meaning of Article 13 subject and the Scheduled Delivery Date for such Aircraft shall be postponed to the limitations thereinextent of such delay. Notwithstanding Purchase Agreement PA-0498 Northwest Airlines, Inc. [*] Confidential material omitted and filed separately with the provision of * should the Regulatory Change be required Securities and Exchange Commission pursuant to correct a defect specific to the Aircraft or to the Canadair Regional Jet fleet of aircraft, *request for confidential treatment. 8.7 BXXX Bombardier shall issue a Change Order, Order reflecting any Regulatory Change required to be made under this Article 8, which shall set forth in detail the particular changes to be made and the effect, if any, of such changes on design, performance, weight, balance, time of delivery, Base Price, the Price and Aircraft Purchase Price, * all in accordance with this Agreement. Any Change Orders issued pursuant to this Article shall be effective and binding upon the date of BRADBombardier's transmittal of such Change Order, all in accordance with this Agreement. Although Buyer's consent to said Change Order is not required, BXXX agrees to consult with Buyer regarding the change proposed by BXXX to implement such Regulatory Change. 8.8 If the use of any of the certificates identified in this Article 8 are discontinued during the performance of this Agreement, reference to such discontinued certificate shall be deemed a reference to any other certificate or instrument which corresponds to such certificate orcertificate. 8.9 Reference to a regulatory authority shall include any succeeding department or agency then responsible for the duties of said regulatory authority. Purchase Agreement PA-0498 Northwest Airlines, if there should not be any such other certificate or instrument, then BXXX shall be deemed to have obtained such discontinued certificate(s) upon demonstrating that the Aircraft complies substantially Inc. [*] Confidential material omitted and filed separately with the SpecificationSecurities and Exchange Commission pursuant to a request for confidential treatment.

Appears in 1 contract

Samples: Purchase Agreement (Northwest Airlines Corp)

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