Common use of Consequences of Excusable Delay Clause in Contracts

Consequences of Excusable Delay. If an Excusable Delay occurs: (i) the Seller will notify the Buyer of such Excusable Delay as soon as practicable after becoming aware of the same; (ii) the Seller will not be responsible for any damages arising from or in connection with such Excusable Delay suffered or incurred by the Buyer; (iii) the Seller will not be deemed to be in default in the performance of its obligations hereunder as a result of such Excusable Delay; (iv) the Seller will as soon as practicable after the removal of the cause of such delay resume performance of its obligations under this Agreement and in particular will notify the Buyer of the revised Scheduled Delivery Month.

Appears in 6 contracts

Samples: Purchase Agreement (Frontier Group Holdings, Inc.), Purchase Agreement (Frontier Group Holdings, Inc.), Purchase Agreement (Frontier Group Holdings, Inc.)

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Consequences of Excusable Delay. 10.2.1 If an Excusable Delay occurs:occurs the Seller will (i) the Seller will notify the Buyer of such Excusable Delay as soon as practicable after becoming aware of the same; (ii) not be deemed to be in default in the Seller will performance of its obligations hereunder as a result of such Excusable Delay; (iii) not be responsible for any damages arising from or in connection with such Excusable Delay suffered or incurred by the Buyer; (iii) the Seller will not be deemed to be in default in the performance of its obligations hereunder as a result of such Excusable Delay; (iv) the Seller will as soon as practicable after the removal of the cause of such delay Excusable Delay resume performance of its obligations under this Agreement and in particular will notify the Buyer of the revised Scheduled Delivery Month.. 20130318_CT1242023_PA_A321neo_HAL Page 33 of 109 *** Confidential Treatment Requested

Appears in 2 contracts

Samples: Purchase Agreement (Hawaiian Holdings Inc), Purchase Agreement (Hawaiian Holdings Inc)

Consequences of Excusable Delay. 10.2.1 If an Excusable Delay occursoccurs the Seller will: (i) the Seller will notify the Buyer of such Excusable Delay as soon as practicable after becoming aware of the same; (ii) not be deemed to be in default in the Seller will performance of its obligations hereunder as a result of such Excusable Delay; (iii) not be responsible for any damages arising from or in connection with such Excusable Delay suffered or incurred by the Buyer; (iii) the Seller will not be deemed to be in default in the performance of its obligations hereunder as a result of such Excusable Delay; (iv) the Seller will as soon as practicable after the removal of the cause of such delay Excusable Delay resume performance of its obligations under this Agreement and in particular will notify the Buyer of the revised Scheduled Delivery Month.

Appears in 2 contracts

Samples: A350 900 Purchase Agreement (United Airlines, Inc.), Letter Agreement (United Air Lines Inc)

Consequences of Excusable Delay. If an Excusable Delay occursoccurs with respect to any Aircraft: (i) the Seller will notify the Buyer in writing of such Excusable Delay as soon as practicable after becoming aware of the same; (ii) the Seller will not be responsible for any damages to the extent arising from or in connection with such Excusable Delay suffered or incurred by the Buyer; (iii) the Seller will not be deemed to be in default in the performance of its obligations hereunder as a result of such Excusable Delay;; and (iv) the Seller will as soon as practicable after the removal of the cause of such delay resume performance of its obligations under this Agreement and in particular will notify the Buyer of the revised Scheduled Delivery MonthMonth or Scheduled Delivery Quarter, [*CTR*].

Appears in 1 contract

Samples: Purchase Agreement (American Airlines Inc)

Consequences of Excusable Delay. 10.2.1 If an Excusable Delay occurs:occurs the Seller will (i) the Seller will notify the Buyer of such Excusable Delay as soon as practicable after becoming aware of the same; (ii) the Seller will not be responsible for any damages arising from or in connection with such Excusable Delay suffered or incurred by the Buyer; (iii) the Seller will not be deemed to be in default in the performance of its obligations hereunder as a result of such Excusable Delay; (iii) not be responsible for any damages arising from or in connection with such Excusable Delay suffered or incurred by the Buyer; and (iv) the Seller will as soon as practicable after the removal of the cause of such delay Excusable Delay resume performance of its obligations under this Agreement and in particular will notify the Buyer of the revised Scheduled Delivery Month.

Appears in 1 contract

Samples: Purchase Agreement (Intrepid Aviation LTD)

Consequences of Excusable Delay. 10.2.1 If an Excusable Delay occurs:occurs the Seller will (i) the Seller will notify the Buyer of such Excusable Delay as soon as practicable after becoming aware of the same; (ii) not be deemed to be in default in the Seller will performance of its obligations hereunder as a result of such Excusable Delay; (iii) not be responsible for any damages arising from or in connection with such Excusable Delay suffered or incurred by the Buyer; (iii) the Seller will not be deemed to be in default in the performance of its obligations hereunder as a result of such Excusable Delay; (iv) subject to the Seller will provisions of Clause 10.3 below as soon as practicable after the removal of the cause of such delay Excusable Delay resume performance of its obligations under this Agreement and in particular will notify the Buyer of the revised Scheduled Delivery Month.; and **

Appears in 1 contract

Samples: Airbus A320 Family Aircraft Purchase Agreement (Us Airways Inc)

Consequences of Excusable Delay. 10.2.1 If an Excusable Delay occurs:occurs the Seller will (i) the Seller will notify the Buyer of such Excusable Delay as soon as practicable after becoming aware of the same; (ii) not be deemed to be in default in the Seller will performance of its obligations hereunder as a result of such Excusable Delay; (iii) not be responsible for any damages arising from or in connection with such Excusable Delay suffered or incurred by the Buyer; (iii) the Seller will not be deemed to be in default in the performance of its obligations hereunder as a result of such Excusable Delay; (iv) the Seller will as soon as practicable after the removal of the cause of such delay Excusable Delay resume performance of its obligations under this Agreement and in particular will notify the Buyer of the revised Scheduled Delivery Month.. *** Confidential Treatment Requested

Appears in 1 contract

Samples: Purchase Agreement (Hawaiian Holdings Inc)

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Consequences of Excusable Delay. 10.2.1 If an Excusable Delay occurs:, the Seller will (i) the Seller will notify the Buyer of such Excusable Delay as soon as practicable after becoming aware of the same; (ii) not be deemed to be in default in the Seller will performance of its obligations hereunder as a result of such Excusable Delay; (iii) not be responsible for any damages arising from or in connection with such Excusable Delay suffered or incurred by the Buyer; (iii) the Seller will not be deemed to be in default in the performance of its obligations hereunder as a result of such Excusable Delay; (iv) the Seller will as soon as practicable after the removal of the cause of such delay the delay, resume performance of its obligations under this Agreement and in particular will notify the Buyer of the revised Scheduled Delivery Month.

Appears in 1 contract

Samples: Purchase Agreement (Fedex Corp)

Consequences of Excusable Delay. If an Excusable Delay occurs:occurs the Seller will (i) the Seller will notify the Buyer of such Excusable Delay * as soon as practicable after becoming aware of the same; (ii) not be deemed to be in default in the Seller will performance of its obligations hereunder as a result of such Excusable Delay (iv) not be responsible for any damages arising from or in connection with such Excusable Delay suffered or incurred by the Buyer; (iiiv) the Seller will not be deemed to be in default in the performance of its obligations hereunder as a result of such Excusable Delay; (iv) the Seller will as soon as practicable after the removal of the cause of such the delay resume performance of its obligations under this Agreement and in particular will notify the Buyer of the revised Scheduled Delivery Month.

Appears in 1 contract

Samples: Purchase Agreement (Frontier Airlines Inc /Co/)

Consequences of Excusable Delay. If an Excusable Delay occurs: (i) the Seller will notify the Buyer of such Excusable Delay as soon as practicable after becoming aware of the same; (ii) the Seller will not be responsible for any damages arising from or in connection with such Excusable Delay suffered or incurred by the Buyer; (iii) the Seller will not be deemed to be in default in the performance of its obligations hereunder as a result of such Excusable Delay; (iv) the Seller will as soon as practicable after the removal of the cause of such delay resume performance of its obligations under this Agreement and in particular will notify the Buyer of the revised Scheduled Delivery Month. ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.

Appears in 1 contract

Samples: Purchase Agreement (Virgin America Inc.)

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