Common use of Delay in Delivery Clause in Contracts

Delay in Delivery. 6.1.1 If IAE is hindered or prevented from performing any obligation hereunder including but not limited to delivering any of the Supplies within the time for delivery specified in this Contract (as such time may be extended pursuant to the provisions of this Contract) by reason of: (a) any cause beyond the reasonable control of IAE, or (b) fires, industrial disputes or introduction of essential modifications required by the Certification Authority, or (c) compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it proves to be invalid, except to the extent that the delay is caused by IAE’s failure to act in conformity with applicable deadlines set forth in such governmental regulation or order; (any such delay an “Excusable Delay”) the time for delivery shall be extended by a period equal to the period for which delivery shall have been so hindered or prevented, and IAE shall not be under any liability whatsoever in respect of such delay. 6.1.2 If, by reason of any of the Excusable Delays embraced by Section 6.1.1 above, IAE is hindered or prevented from delivering any goods (that are the same as and include the Supplies) to purchasers (including Spirit) then IAE shall have the right to allocate in good faith such goods, as they become available, at its own discretion among all such purchasers and IAE shall not be under any liability whatsoever to Spirit for delay in delivery to Spirit resulting from such allocation by IAE and the time for delivery shall be extended by a period equal to the delay resulting from such allocation by IAE. ***** 6.1.4 The right of Spirit to claim damages shall be conditional upon Spirit (i) notifying IAE of the its claim in writing within ***** from the Claim Start Date, and (ii) submitting a written claim therefor within ***** from the Claim Start Date. The “Claim Start Date” shall be the date on which IAE notifies Spirit that the item of the Supplies so delayed is ready for delivery, or from the date on which Spirit exercises the right of cancellation in respect of such item conferred in accordance with Section 6.1.5 below, whichever date shall first occur. 6.1.5 Should IAE delay performance of any obligation for a reason other than an Excusable Delay hereunder including but not limited to delivery of any item of the Supplies beyond ***** from the time for delivery specified in this Contract (as such time may be extended pursuant to the provisions of this Contract) then, in addition to the right of Spirit under Section 6.1.3, Spirit shall be entitled to terminate the order with respect to the affected item on giving IAE notice in writing. Upon receipt of such notice IAE shall be free from any obligation in respect of such item except that IAE shall refund to Spirit any deposits made in respect of the purchase price of such item of the Supplies.

Delay in Delivery. 6.1.1 If IAE is hindered or prevented from performing any obligation hereunder including but not limited to delivering any of the Supplies within the time for delivery specified in this Contract (as such time may be extended pursuant to the provisions of this Contract) by reason of: (a) 6.1.1.1 any cause beyond the reasonable control of IAE, or (b) 6.1.1.2 fires, industrial disputes or introduction of essential modifications required by the Certification Authority, or (c) compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it proves to be invalid, except to the extent that the delay is caused by IAE’s failure to act in conformity with applicable deadlines set forth in such governmental regulation or order; (any such delay an “Excusable Delay”) the time for delivery shall be extended by a period equal to the period for which delivery shall have been so hindered or prevented, and IAE shall not be under any liability whatsoever in respect of such delay. 6.1.2 If, by reason of any of the Excusable Delays causes embraced by Section Clause 6.1.1 above, IAE is hindered or prevented from delivering any goods (that which are the same as and include the Supplies) to purchasers (including SpiritNew Air) then IAE shall have the right to allocate in good faith such goods, as they become available, at its own discretion among all such purchasers and IAE shall not be under any liability whatsoever to Spirit New Air for delay in delivery to Spirit New Air resulting from such allocation by IAE and the time for delivery shall be extended by a period equal to the delay resulting from such allocation by IAE. . 6.1.3 Should IAE inexcusably delay performance of any obligation hereunder including but not limited to delivery of any item of the Supplies beyond the time for delivery specified in this Contract (as such time may be extended pursuant to the provisions of this Contract), then in respect of the first two (2) months of such delay, IAE shall not be under any liability whatsoever and thereafter in respect of any further delay in delivery the damages recoverable by New Air from IAE as New Air's sole remedy shall be its reasonable actual damages in an amount not to exceed [****] of the purchase price of the item of Supplies so delayed in respect of each [****] such further delay (and prorata for any period of less than [****]) subject ---------- [****] Represents material which has been redacted and filed separately with the Commission pursuant to a request for confidential treatment pursuant to Rule 406 under the Securities Act of 1933, as amended. to an overall maximum of [****] of the purchase price of the item of the Supplies so delayed. 6.1.4 The right of Spirit New Air to claim damages shall be conditional upon Spirit (i) notifying IAE the submission of the its claim in writing within ***** from the Claim Start Date, and (ii) submitting a written claim therefor therefor, within ***** forty-five (45) days from the Claim Start Date. The “Claim Start Date” shall be the date on which IAE notifies Spirit New Air that the item of the Supplies so delayed is ready for delivery, or from the date on which Spirit New Air exercises the right of cancellation in respect of such item conferred in accordance with Section Clause 6.1.5 below, whichever date shall first occur. 6.1.5 Should IAE delay performance of any obligation for a reason other than an Excusable Delay hereunder including but not limited to delivery of any item of the Supplies beyond ***** twelve (12) months from the time for delivery specified in this Contract (as such time may be extended pursuant to the provisions of this Contract) then, in addition to the right of Spirit New Air under Section Clause 6.1.3, Spirit New Air shall be entitled to terminate the order with respect refuse to the affected take delivery of such item on giving IAE notice in writingwriting within one (1) month after the expiration of such period of twelve (12) months. Upon receipt of such notice IAE shall be free from any obligation in respect of such item except that IAE shall refund to Spirit New Air any deposits made in respect of the purchase price of such item of the Supplies.

Delay in Delivery. 6.1.1 If IAE is hindered or prevented from performing any obligation hereunder including but not limited to delivering any of the Supplies within the time for delivery specified in this Contract (as such time may be extended pursuant to the provisions of this Contract) by reason of: (a) 6.1.1.1 any cause beyond the reasonable control of IAE, or (b) 6.1.1.2 fires, industrial disputes or introduction of essential modifications required by the Certification Authority, or (c) compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it proves to be invalid, except Authority THIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO IAE. subject to the extent that the delay is caused by IAE’s failure to act in conformity with applicable deadlines set forth in such governmental regulation or order; (any such delay an “Excusable Delay”) provisions of Clause 6.1.5 hereunder, the time for delivery shall be extended by a period equal to the period for which delivery shall have been so hindered or prevented, and IAE shall not be under any liability whatsoever in respect of such delay. 6.1.2 If, by reason of any of the Excusable Delays causes embraced by Section Clause 6.1.1 above, IAE is hindered or prevented from or delivering any goods (that which are the same as and include the Supplies) to purchasers (including SpiritAAH) then IAE shall have the right to allocate in good faith such goods, as they become available, at its own discretion among all such purchasers and IAE shall not be under any liability whatsoever to Spirit AAH for delay in delivery to Spirit AAH resulting from such allocation by IAE and the time for delivery shall be extended by a period equal to the delay resulting from such allocation by IAE. . 6.1.3 Should IAE inexcusably delay performance of any obligation hereunder including but not limited to delivery of any item of the Supplies beyond the time for delivery specified in this Contract (as such time may be extended pursuant to the provisions of this Contract), then in respect of the first [*] of such delay, IAE shall not be under any liability whatsoever and thereafter in respect of any further delay in delivery the damages recoverable by AAH from IAE as AAH’s sole remedy shall be its reasonable actual damages in an amount not to exceed [*] of the purchase price of the item of Supplies so delayed in respect of each month of such further delay (and prorata for any period of less than one month) subject to an overall maximum of [***] of the purchase price of the item of the Supplies so delayed. 6.1.4 The right of Spirit AAH to claim damages pursuant to Clause 6.1.3 above shall be conditional upon Spirit (i) notifying IAE the submission of the its claim in writing within ***** from the Claim Start Date, and (ii) submitting a written claim therefor therefor, within [***** ] from the Claim Start Date. The “Claim Start Date” shall be the date on which IAE notifies Spirit AAH that the item of the Supplies so delayed is ready for delivery, or from the date on which Spirit AAH exercises the right of cancellation in respect of such item conferred in accordance with Section Clause 6.1.5 below, whichever date shall first occur. 6.1.5 Should IAE delay performance of any obligation for a reason other than an Excusable Delay hereunder including but not limited to delivery of any item of the Supplies beyond [***** ] from the time for delivery specified in this Contract (as such time may be extended pursuant to the provisions of this Contract) then, in addition to the right of Spirit AAH under Section 6.1.3Clause 6.l.3, Spirit AAH shall be entitled to terminate the order with respect refuse to the affected take delivery of such item on giving IAE notice in writingwriting within one (1) month after the expiration of such period of [*]. Upon receipt of such notice IAE shall be free from any obligation in respect of such item except that IAE shall refund to Spirit AAH any deposits made in respect of the purchase price of such item of the SuppliesSupplies with interest from the date the deposit was received by IAE calculated at the rate of [*]. THIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO IAE.

Delay in Delivery. 6.1.1 If IAE is hindered or prevented from performing any obligation hereunder including but not limited to delivering any of the Supplies within the time for delivery specified in this New Fleet Contract (as such time may be extended pursuant to the provisions of this New Fleet Contract) by reason of: (a) any cause beyond the reasonable control of IAE, or; (b) fires, industrial disputes or introduction of essential modifications required by the Certification Authority, or; (c) compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it proves to be invalid, except to the extent that the delay is caused by IAE’s failure to act in conformity with applicable deadlines set forth in such governmental regulation or order; (any such delay an “Excusable Delay”) the time for delivery shall be extended by a period equal to the period for which delivery shall have been so hindered or prevented, and IAE shall not be under any liability whatsoever in respect of such delay. 6.1.2 If, by reason of any of the Excusable Delays embraced by Section 6.1.1 above, IAE is hindered or prevented from delivering any goods (that are the same as and include the Supplies) to purchasers (including Spirit) then IAE shall have the right to allocate in good faith such goods, as they become available, at its own discretion among all such purchasers and IAE shall not be under any liability whatsoever to Spirit for delay in delivery to Spirit resulting from such allocation by IAE and the time for *****Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. delivery shall be extended by a period equal to the delay resulting from such allocation by IAE. ***** 6.1.4 The right of Spirit to claim damages shall be conditional upon Spirit (i) notifying IAE of the its claim in writing within ***** from the Claim Start Date, and (ii) submitting a written claim therefor within ***** from the Claim Start Date. The “Claim Start Date” shall be the date on which IAE notifies Spirit that the item of the Supplies so delayed is ready for delivery, or from the date on which Spirit exercises the right of cancellation in respect of such item conferred in accordance with Section 6.1.5 below, whichever date shall first occur. 6.1.5 Should IAE delay performance of any obligation for a reason other than an Excusable Delay hereunder including but not limited to delivery of any item of the Supplies beyond ***** from the time for delivery specified in this New Fleet Contract (as such time may be extended pursuant to the provisions of this New Fleet Contract) then, in addition to the right of Spirit under Section 6.1.3, Spirit shall be entitled to terminate the order with respect to the affected item on giving IAE notice in writing. Upon receipt of such notice IAE shall be free from any obligation in respect of such item except that IAE shall refund to Spirit any deposits made in respect of the purchase price of such item of the Supplies. 6.1.6 No escalation shall apply during any period of delay unless such period of delay is caused by any of the causes specified in Clause 6.1.1.

Delay in Delivery. 6.1.1 If IAE is hindered or prevented from performing any obligation hereunder including but not limited to delivering any of the Supplies within the time for delivery specified in this Contract (as such time may be extended pursuant to the provisions of this Contract) by reason of: (a) any cause beyond the reasonable control of IAE, or (b) fires, industrial disputes or introduction of essential modifications required by the Certification Authority, or (c) compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it proves to be invalid, except to the extent that the delay is caused by IAE’s 's failure to act in conformity with applicable deadlines set forth in such governmental regulation or order; (any such delay an “"Excusable Delay”") the time for delivery shall be extended by a period equal to the period for which delivery shall have been so hindered or prevented, and IAE shall not be under any liability whatsoever in respect of such delay. 6.1.2 If, by reason of any of the Excusable Delays embraced by Section 6.1.1 above, IAE is hindered or prevented from delivering any goods (that are the same as and include the Supplies) to purchasers (including Spirit) then IAE shall have the right to allocate in good faith such goods, as they become available, at its own discretion among all such purchasers and IAE shall not be under any liability whatsoever to Spirit for delay in delivery to Spirit resulting from such allocation by IAE and the time for delivery shall be extended by a period equal to the delay resulting from such allocation by IAE. [***] 6.1.3 [***] 6.1.4 The right of Spirit to claim damages shall be conditional upon Spirit (i) notifying IAE of the its claim in writing within [***** ] from the Claim Start Date, and (ii) submitting a written claim therefor within [***** ] from the Claim Start Date. The “"Claim Start Date” " shall be the date on which IAE notifies Spirit that the item of the Supplies so delayed is ready for delivery, or from the date on which Spirit exercises the right of cancellation in respect of such item conferred in accordance with Section 6.1.5 below, whichever date shall first occur. 6.1.5 Should IAE delay performance of any obligation for a reason other than an Excusable Delay hereunder including but not limited to delivery of any item of the Supplies beyond ***** from the time for delivery specified in this Contract (as such time may be extended pursuant to the provisions of this Contract) then, in addition to the right of Spirit under Section 6.1.3, Spirit shall be entitled to terminate the order with respect to the affected item on giving IAE notice in writing. Upon receipt of such notice IAE shall be free from any obligation in respect of such item except that IAE shall refund to Spirit any deposits made in respect of the purchase price of such item of the Supplies.

Delay in Delivery. 6.1.1 If IAE is hindered or prevented from performing any obligation hereunder including but not limited to delivering any of the Supplies within the time for delivery specified in this Contract (as such time may be extended pursuant to the provisions of this Contract) by reason of: (a) 6.1.1.1 any cause beyond the reasonable control of IAE, or (b) 6.1.1.2 fires, industrial disputes or introduction of essential modifications required by the Certification Authority, or (c) compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it proves to be invalid, except to the extent that the delay is caused by IAE’s failure to act in conformity with applicable deadlines set forth in such governmental regulation or order; (any such delay an “Excusable Delay”) the time for delivery shall be extended by a period equal to the period for which delivery shall have been so hindered or prevented, and IAE shall not be under any liability whatsoever in respect of such delay. 6.1.2 If, by reason of any of the Excusable Delays causes embraced by Section Clause 6.1.1 above, IAE is hindered or prevented from or delivering any goods (that which are the same as and include the Supplies) to purchasers (including SpiritMidway) then IAE shall have the right to allocate in good faith such goods, as they become available, at its own discretion among all such purchasers and IAE shall not be under any liability whatsoever to Spirit Midway for delay in delivery to Spirit Midway resulting from such allocation by IAE and the time for delivery shall be extended by a period equal to the delay resulting from such allocation by IAE. ***** 6.1.4 The right of Spirit to claim damages shall be conditional upon Spirit (i) notifying IAE of the its claim in writing within ***** from the Claim Start Date, and (ii) submitting a written claim therefor within ***** from the Claim Start Date. The “Claim Start Date” shall be the date on which IAE notifies Spirit that the item of the Supplies so delayed is ready for delivery, or from the date on which Spirit exercises the right of cancellation in respect of such item conferred in accordance with Section 6.1.5 below, whichever date shall first occur. 6.1.5 6.1.3 Should IAE inexcusably delay performance of any obligation for a reason other than an Excusable Delay hereunder including but not limited to delivery of any item of the Supplies beyond ***** from the time for delivery specified in this Contract (as such time may be extended pursuant to the provisions of this Contract), then in respect of the first two months of such delay, IAE shall not be under any liability whatsoever and thereafter in respect of any further delay in delivery the damages recoverable by Midway from IAE as Midway's sole remedy shall not exceed 1/2% (one half percent) of the purchase price of the item of Supplies so delayed in respect of each month of such further delay (and prorata for any period of less than one month) subject to an overall maximum of 3 1/2% (three and one half percent) of the purchase price of the item of the Supplies so delayed. In the alternative, should Midway require a spare Engine due to a V2527-A5 engine removal from the Aircraft to maintain the Aircraft operational and IAE has a suitable spare Engine available for lease, then Midway may lease such a spare engine in accordance with IAE's Standard Terms of Business. For such a lease IAE will waive the daily rate normally chargeable, however Midway will pay the hourly charge associated with the lease. In the event of such a lease, Midway will not be eligible for the financial remedy specified above in this clause 6. 6.1.4 The right of Midway to claim damages shall be conditional upon the submission of a written notice by Midway that it intends to make a claim therefor, within thirty days from the date on which IAE notifies Midway that the item of the Supplies so delayed is ready for delivery, or from the date on which Midway exercises the right of cancellation in respect of such item conferred in accordance with Clause 6.1.5 below, whichever date shall first occur and the receipt by IAE of a written claim from Midway within thirty days of delivery to Midway of such item of Supplies so delayed or the date of cancellation in accordance with Clause 6.1.5 above as appropriate. 6.1.5 Should IAE inexcusably delay delivery of any item of the Supplies beyond the time for delivery specified in this Contract for a period of 12 (twelve) months then, in addition to the right of Spirit Midway under Section Clause 6.1.3, Spirit Midway shall be entitled to terminate the order with respect refuse to the affected take delivery of such item on giving IAE notice in writingwriting within one month after the expiration of such period of 12 (twelve) months. Upon receipt of such notice IAE shall be free from any obligation in respect of such item except that IAE shall refund to Spirit Midway any deposits made in respect of the purchase price of such item of the Supplies. 6.1.6 Should IAE excusably delay delivery of a spare Engine beyond the time of delivery specified in this contract and should Midway require a spare Engine due to a V2527-A5 engine removal from the Aircraft to maintain the Aircraft operational, and IAE has a suitable spare Engine available for lease, then Midway may lease such a spare Engine in accordance with IAE's Standard Terms of Business. For such a lease IAE will waive the daily rate normally chargeable, however Midway will pay the hourly charge associated with the lease. Should IAE excusably delay delivery of any item of the Supplies beyond the time for delivery specified in this Contract for a period of 15 (fifteen) months and IAE has not provided the support specified above in this clause 6.1.6, Midway shall be entitled to refuse to take delivery of such item on giving IAE notice in writing within one month after the expiration of such period of 15 (fifteen) months. Upon receipt of such notice IAE shall be free from any obligation in respect of such item except that IAE shall refund to Midway any deposits made in respect of the purchase price of such item of the Supplies. Where IAE has to refund deposits to Midway due to delay which has been solely attributable to excusable delay as specified in Clause 6.1.1 above, and IAE has not provided a lease as set forth above in this Clause 6.1.6, then IAE will also refund such deposit with interest at a per annum rate of one-half of the New York Citibank Prime rate calculated from the later of the scheduled delivery date specified in this Contract or the date such deposit was paid to IAE to the date of Midways notice to IAE of its refusal to take delivery.

Delay in Delivery. 6.1.1 If IAE is hindered or prevented from performing any obligation hereunder including but not limited to delivering any of the Supplies within the time for delivery specified in this Contract (as such time may be extended pursuant to the provisions of this Contract) by reason of: (a) any cause beyond the reasonable control of IAE, or (b) fires, industrial disputes or introduction of essential modifications required by the Certification Authority, or (c) compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it proves to be invalid, except to the extent that the delay is caused by IAE’s failure to act in conformity with applicable deadlines set forth in such governmental regulation or order; (any such delay an “Excusable Delay”) the time for delivery shall be extended by a period equal to the period for which delivery shall have been so hindered or prevented, and IAE shall not be under any liability whatsoever in respect of such delay. 6.1.2 If, by reason of any of the Excusable Delays embraced by Section 6.1.1 above, IAE is hindered or prevented from delivering any goods (that are the same as and include the Supplies) to purchasers (including Spirit) then IAE shall have the right to allocate in good faith such goods, as they become available, at its own discretion among all such purchasers and IAE shall not be under any liability whatsoever to Spirit for delay in delivery to Spirit resulting from such allocation by IAE and the time for delivery shall be extended by a period equal to the delay resulting from such allocation by IAE. ***** 6.1.4 The right of Spirit to claim damages shall be conditional upon Spirit (i) notifying IAE of the its claim in writing within ***** from the Claim Start Date, and (ii) submitting a written claim therefor within ***** from the Claim Start Date. The “Claim Start Date” shall be the date on which IAE notifies Spirit that the item of the Supplies so delayed is ready for delivery, or from the date on which Spirit exercises the right of cancellation in respect of such item conferred in accordance with Section 6.1.5 below, whichever date shall first occur. 6.1.5 Should IAE delay performance of any obligation for a reason other than an Excusable Delay hereunder including but not limited to delivery of any item of the Supplies beyond ***** from the time for delivery specified in this Contract (as such time may be extended pursuant to the provisions of this Contract) then, in addition to the right of Spirit under Section 6.1.3, Spirit shall be entitled to terminate the order with respect to the affected item on giving IAE notice in writing. Upon receipt of such notice IAE shall be free from any obligation in respect of such item except that IAE shall refund to Spirit any deposits made in respect of the purchase price of such item of the Supplies. *****Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.

Delay in Delivery. 6.1.1 If IAE is hindered or prevented from performing any obligation hereunder including but not limited to delivering any of the Supplies within the time for delivery specified in this New Fleet Contract (as such time may be extended pursuant to the provisions of this New Fleet Contract) by reason of: (a) any cause beyond the reasonable control of IAE, or; (b) fires, industrial disputes or introduction of essential modifications required by the Certification Authority, or; (c) compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it proves to be invalid, except to the extent that the delay is caused by IAE’s 's failure to act in conformity with applicable deadlines set forth in such governmental regulation or order; (any such delay an “"Excusable Delay”") the time for delivery shall be extended by a period equal to the period for which delivery shall have been so hindered or prevented, and IAE shall not be under any liability whatsoever in respect of such delay. 6.1.2 If, by reason of any of the Excusable Delays embraced by Section 6.1.1 above, IAE is hindered or prevented from delivering any goods (that are the same as and include the Supplies) to purchasers (including Spirit) then IAE shall have the right to allocate in good faith such goods, as they become available, at its own discretion among all such purchasers and IAE shall not be under any liability whatsoever to Spirit for delay in delivery to Spirit resulting from such allocation by IAE and the time for delivery shall be extended by a period equal to the delay resulting from such allocation by IAE. [***] 6.1.3 [***] 6.1.4 The right of Spirit to claim damages shall be conditional upon Spirit (i) notifying IAE of the its claim in writing within [***** ] from the Claim Start Date, and (ii) submitting a written claim therefor within [***** ] from the Claim Start Date. The “"Claim Start Date” " shall be the date on which IAE notifies Spirit that the item of the Supplies so delayed is ready for delivery, or from the date on which Spirit exercises the right of cancellation in respect of such item conferred in accordance with Section 6.1.5 below, whichever date shall first occur. 6.1.5 Should IAE delay performance of any obligation for a reason other than an Excusable Delay hereunder including but not limited to delivery of any item of the Supplies beyond [***** ] from the time for delivery specified in this New Fleet Contract (as such time may be extended pursuant to the provisions of this New Fleet Contract) then, in addition to the right of Spirit under Section 6.1.3, Spirit shall be entitled to terminate the order with respect to the affected item on giving IAE notice in writing. Upon receipt of such notice IAE shall be free from any obligation in respect of such item except that IAE shall refund to Spirit any deposits made in respect of the purchase price of such item of the Supplies. 6.1.6 No escalation shall apply during any period of delay unless such period of delay is caused by any of the causes specified in Clause 6.1.1.

Delay in Delivery. 6.1.1 8.1.1 If IAE LLC is hindered or prevented from performing any obligation hereunder hereunder, including but not limited to delivering any of the Supplies within the time for delivery specified in this Contract (as such time may be extended pursuant to the provisions of this Contract) Spare Engine or QEC Kit by its Delivery Date by reason of: (a) a. any cause beyond the reasonable control of IAEIAE LLC, or (b) b. fires, industrial disputes or introduction of essential modifications required by ((a) and (b) together, “Force Majeure”); the Certification Authority, or (c) compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it proves to be invalid, except to the extent that the delay is caused by IAE’s failure to act in conformity with applicable deadlines set forth in such governmental regulation or order; (any such delay an “Excusable Delay”) the time for delivery shall Delivery Date will be extended by a period equal to the period for which delivery shall have been was so hindered or prevented, and IAE shall not be under any LLC will have no liability whatsoever in respect of such delay. Notwithstanding the foregoing, If IAE LLC is hindered or prevented, or if IAE LLC determines that it will be hindered or prevented, from Delivering any Spare Engine or QEC Kit to Xxxxxx due to Force Majeure for a period longer than the earlier to occur of (a) [**] after the Delivery Date set forth in Appendix 2 , both Parties shall meet to discuss in good faith an extension of the applicable Delivery Date or another amendment to this Contract. If the Parties do not agree on such extension or amendment, then Xxxxxx shall be entitled to terminate its obligation to purchase the Spare Engine(s) or QEC Kit(s) affected by such Force Majeure Delay, with immediate effect and without judicial recourse, by giving IAE LLC a written notice of its intention to do so, without liability resulting from such Force Majeure Delay for either Party. 6.1.2 8.1.2 If, by reason of any of the Excusable Delays embraced by causes set forth in Section 6.1.1 8.1.1 above, IAE LLC is hindered or prevented from delivering any goods (that are including any Spare Engines or the same as and include the SuppliesQEC Kits) to purchasers (including Spirit) Xxxxxx), then IAE LLC shall have the right to allocate allocate, in good faith and in its own discretion, such goods, goods as they become available, at its own discretion available among all such purchasers and IAE LLC shall not be under any have no liability whatsoever to Spirit Xxxxxx for any delay in delivery to Spirit resulting from such allocation by IAE and the time for delivery shall allocation. The Delivery Date will be extended by a period equal to the period of delay resulting from such allocation by IAE. ***** 6.1.4 The right of Spirit to claim damages shall be conditional upon Spirit (i) notifying IAE of the its claim in writing within ***** from the Claim Start Date, and (ii) submitting a written claim therefor within ***** from the Claim Start Date. The “Claim Start Date” shall be the date on which IAE notifies Spirit that the item of the Supplies so delayed is ready for delivery, or from the date on which Spirit exercises the right of cancellation in respect of such item conferred in accordance with Section 6.1.5 below, whichever date shall first occurLLC. 6.1.5 Should 8.1.3 If IAE delay performance of LLC is hindered or prevented from Delivering any obligation for Spare Engine or QEC Kit to Xxxxxx due to a reason other than Force Majeure for a period longer than of [**] after the Delivery Date set forth in Appendix 2, both Parties shall meet to discuss in good faith an Excusable Delay hereunder including but not limited to delivery of any item extension of the Supplies beyond ***** from the time for delivery specified in this Contract (as such time may be extended pursuant applicable Delivery Date or another amendment to the provisions of this Contract) then. If the Parties do not agree on such extension or amendment, in addition to the right of Spirit under Section 6.1.3, Spirit then Xxxxxx shall be entitled to terminate its obligation, at its option, to purchase either (i) the order Spare Engine(s) or QEC Kit(s) affected by such Inexcusable Delay, or (ii) any undelivered Spare Engine(s) or QEC Kit(s) remaining under the Contract, with respect to the affected item on immediate effect and without judicial recourse, by giving IAE LLC a written notice in writing. Upon receipt of its intention to do so, without liability resulting from such notice IAE shall be free from any obligation in respect of such item except that IAE shall refund to Spirit any deposits made in respect of the purchase price of such item of the SuppliesInexcusable Delay for either Party.

Delay in Delivery. 6.1.1 If IAE is hindered or prevented from performing any obligation hereunder including but not limited to delivering any of the Supplies within the time for delivery specified in this Contract (as such time may be extended pursuant to the provisions of this Contract) by reason of: (a) any cause beyond the reasonable control of IAE, or (b) fires, industrial disputes or introduction of essential modifications required by the Certification Authority, or (c) compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it proves to be invalid, except to the extent that the delay is caused by IAE’s failure to act in conformity with applicable deadlines set forth in such governmental regulation or order; (any such delay an “Excusable Delay”) , the time for delivery shall be extended by a period equal to the period for which delivery shall have been so hindered or preventedprevented by such Excusable Delay. Any other circumstance in which IAE is hindered or prevented from delivering any Supplies within the time for delivery specified in the Contract (as such time may be extended pursuant to the provisions of this Contract) by reason of any cause other than an Excusable Delay shall be deemed an "Inexcusable Delay". Should IAE delay delivery of any Firm Spare Engine by virtue of an Excusable Delay beyond the time for delivery specified in this Contract for a period of [***] or more, ACA shall be entitled to refuse to take delivery of such item and shall be relieved of any future obligation to take delivery of such item from IAE on giving IAE notice in writing within [***] after the expiration of such period of [***]. Should IAE delay delivery of any Firm Spare Engine by virtue of an Inexcusable Delay beyond the time for delivery specified in this Contract for a period of [***] or more, ACA shall be entitled to refuse to take delivery of such item and shall be relieved of any future obligation to take delivery of such item from IAE on giving IAE notice in writing within [***] after the expiration of such period of [***]. Upon receipt of any such notice IAE shall not be under free from any liability whatsoever obligation in respect of such delayitem except that, if ACA refuses to take delivery as permitted hereunder of the last Firm Spare Engine to be delivered to ACA, IAE shall refund to ACA any deposits made in respect of the purchase price of such delayed Firm Spare Engine. Where IAE must refund deposits to ACA due to delay as specified in this Clause 6.1.1, and IAE has not provided a lease as set forth in clause 6.1.5 below, then IAE shall [***]. 6.1.2 If, by reason of any of the Excusable Delays causes embraced by Section Clause 6.1.1 above, IAE is hindered or prevented from delivering any goods (that which are the same as and include the Supplies) to purchasers (including SpiritACA) then IAE shall have the right to allocate in good faith such goods, as they become available, at its own discretion among all such purchasers [***] and provided further, no such allocation will relieve IAE shall not be under of any liability whatsoever to Spirit for delay in delivery of any Supplies to Spirit ACA resulting from such allocation by IAE and the time for delivery shall be extended by a period equal to the delay resulting from such allocation by IAE. ***** 6.1.4 The right of Spirit to claim damages shall be conditional upon Spirit (i) notifying IAE of the its claim in writing within ***** from the Claim Start Date, and (ii) submitting a written claim therefor within ***** from the Claim Start Date. The “Claim Start Date” shall be the date on which IAE notifies Spirit that the item of the Supplies so delayed is ready for delivery, or from the date on which Spirit exercises the right of cancellation in respect of such item conferred in accordance with Section 6.1.5 below, whichever date shall first occurallocation. 6.1.5 6.1.3 Should IAE delay performance of any obligation for a reason other than an Excusable Delay hereunder including but not limited to delivery of any item of the Supplies (other than Firm Spare Engines) beyond ***** from the time for delivery specified in this Contract (as such time may be extended pursuant to the provisions of this Contract) thenas a result of an Excusable or Inexcusable Delay, then ACA may acquire any such Supplies from a source other than IAE ("Replacement Supplies"), as provided for in addition Section 3 above. If ACA acquires Replacement Supplies pursuant to this section 6.1.3, ACA will have the right to notify IAE of its cancellation of any pending order from IAE for the same Supplies without penalty. [***]. 6.1.4 In the event of an Excusable Delay, all prices of Supplies stated in the Contract subject to escalation shall be escalated at [***] calculated in accordance with the IAE Escalation Formula set forth in Exhibit B-2 to this Contract from (a) the original scheduled delivery month for such Supplies in effect prior to the right occurrence of Spirit under Section 6.1.3the Excusable Delay to (b) the actual delivery month of such Supplies. In the event of an Inexcusable Delay, Spirit all prices of Supplies stated in the Contract subject to escalation shall not be subject to any additional escalation from (a) the original scheduled delivery month in effect prior to the occurrence of the Inexcusable Delay to (b) the actual delivery month of such Supplies. 6.1.5 Should IAE delay delivery of a Firm Spare Engine beyond the time of delivery specified in this Contract as a result of either an Excusable or Inexcusable Delay and if all of ACA's V2500-A5 spare engines are being utilized to support the Firm Aircraft or are undergoing shop visits, IAE shall station a dedicated V2500-A5 lease engine of the same model type and thrust as the delayed Firm Spare Engine ("Replacement Spare Engine") in the region of ACA's main base, Dulles, Virginia, to enable ACA to lease such engine should ACA require an additional spare Engine to maintain the integrity of its flight schedule. For such a lease IAE will [***], however ACA will pay IAE's then published provisioned hourly and cyclic charges associated with such lease engine. The form and structure of the engine lease described hereby shall be entitled in the general form of the Standard Terms of Business for Lease of V2500 Engines (the "STOBL") attached as Exhibit E, except that a security deposit shall not be required as provided for in Clause 10 of the STOBL. If IAE fails to terminate the order with respect lease a Replacement Spare Engine to the affected item on giving IAE notice in writing. Upon receipt of such notice ACA pursuant to this section 6.1.5, then IAE shall be free from any obligation in respect of such item except that IAE shall refund to Spirit any deposits made in respect promptly reimburse ACA for the amount of the purchase price [***] of such item any Engine acquired by ACA in excess of the Supplies[***] if IAE had provided a Replacement Spare Engine. 6.1.6 [***]

Delay in Delivery. 6.1.1 If IAE is hindered or prevented from performing any obligation hereunder including but not limited to delivering any of the Supplies within the time for delivery specified in this New Fleet Contract (as such time may be extended pursuant to the provisions of this New Fleet Contract) by reason of: (a) any cause beyond the reasonable control of IAE, or; (b) fires, industrial disputes or introduction of essential modifications required by the Certification Authority, or; (c) compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it proves to be invalid, except to the extent that the delay is caused by IAE’s failure to act in conformity with applicable deadlines set forth in such governmental regulation or order; (any such delay an “Excusable Delay”) the time for delivery shall be extended by a period equal to the period for which delivery shall have been so hindered or prevented, and IAE shall not be under any liability whatsoever in respect of such delay. 6.1.2 If, by reason of any of the Excusable Delays embraced by Section 6.1.1 above, IAE is hindered or prevented from delivering any goods (that are the same as and include the Supplies) to purchasers (including Spirit) then IAE shall have the right to allocate in good faith such goods, as they become available, at its own discretion among all such purchasers and IAE shall not be under any liability whatsoever to Spirit for delay in delivery to Spirit resulting from such allocation by IAE and the time for *****Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. Exhibit 10.3 delivery shall be extended by a period equal to the delay resulting from such allocation by IAE. ***** 6.1.4 The right of Spirit to claim damages shall be conditional upon Spirit (i) notifying IAE of the its claim in writing within ***** from the Claim Start Date, and (ii) submitting a written claim therefor within ***** from the Claim Start Date. The “Claim Start Date” shall be the date on which IAE notifies Spirit that the item of the Supplies so delayed is ready for delivery, or from the date on which Spirit exercises the right of cancellation in respect of such item conferred in accordance with Section 6.1.5 below, whichever date shall first occur. 6.1.5 Should IAE delay performance of any obligation for a reason other than an Excusable Delay hereunder including but not limited to delivery of any item of the Supplies beyond ***** from the time for delivery specified in this New Fleet Contract (as such time may be extended pursuant to the provisions of this New Fleet Contract) then, in addition to the right of Spirit under Section 6.1.3, Spirit shall be entitled to terminate the order with respect to the affected item on giving IAE notice in writing. Upon receipt of such notice IAE shall be free from any obligation in respect of such item except that IAE shall refund to Spirit any deposits made in respect of the purchase price of such item of the Supplies. 6.1.6 No escalation shall apply during any period of delay unless such period of delay is caused by any of the causes specified in Clause 6.1.

Delay in Delivery. 6.1.1 8.1.1 If IAE is hindered or prevented from performing any obligation hereunder hereunder, including but not limited to delivering any of the Supplies within the time for delivery specified in this Contract (as such time may be extended pursuant to the provisions of this Contract) Spare Engine by its Delivery Date by reason of: (a) a. any cause beyond the reasonable control of IAE, or (b) b. fires, industrial disputes or introduction of essential modifications required by ((a) and (b) together, “Force Majeure”); the Certification Authority, or (c) compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it proves to be invalid, except to the extent that the delay is caused by IAE’s failure to act in conformity with applicable deadlines set forth in such governmental regulation or order; (any such delay an “Excusable Delay”) the time for delivery shall Delivery Date will be extended by a period equal to the period for which delivery shall have been was so hindered or prevented, and IAE shall not be under any will have no liability whatsoever in respect of such delay. Notwithstanding the foregoing, If IAE is hindered or prevented, or if IAE determines that it will be hindered or prevented, from Delivering any Spare Engine to Xxxxxx due to Force Majeure for a period longer than the earlier to occur of (a) [*] after the Delivery Date set forth in Appendix 2 or (b) [*] (a “Force Majeure Delay”), both Parties shall meet to discuss in good faith an extension of the applicable Delivery Date or another amendment to this Contract. If the Parties do not agree on such extension or amendment, then Xxxxxx shall be entitled to terminate its obligation to purchase the Spare Engine(s) affected by such Force Majeure Delay, with immediate effect and without judicial recourse, by giving IAE a written notice of its intention to do so, without liability resulting from such Force Majeure Delay for either Party; provided, however, that IAE will promptly return [*] for such Spare Engine(s). 6.1.2 8.1.2 If, by reason of any of the Excusable Delays embraced by causes set forth in Section 6.1.1 8.1.1 above, IAE is hindered or prevented from delivering any goods (that are the same as and include the Suppliesincluding any Spare Engines) to purchasers (including Spirit) Xxxxxx), then IAE shall have the right to allocate allocate, in good faith and in its own discretion, such goods, goods as they become available, at its own discretion available among all such purchasers and IAE shall not be under any have no liability whatsoever to Spirit Xxxxxx for any delay in delivery to Spirit resulting from such allocation by IAE and the time for delivery shall allocation. The Delivery Date will be extended by a period equal to the period of delay resulting from such allocation by IAE. ***** 6.1.4 The right of Spirit to claim damages shall be conditional upon Spirit (i) notifying IAE of the its claim in writing within ***** from the Claim Start Date, and (ii) submitting a written claim therefor within ***** from the Claim Start Date. The “Claim Start Date” shall be the date on which IAE notifies Spirit that the item of the Supplies so delayed is ready for delivery, or from the date on which Spirit exercises the right of cancellation in respect of such item conferred in accordance with Section 6.1.5 below, whichever date shall first occur. 6.1.5 Should 8.1.3 If IAE delay performance of is hindered or prevented from Delivering any obligation for Spare Engine to Xxxxxx due to a reason other than Force Majeure for a period longer than the earlier to occur of (a) [*] after the Delivery Date set forth in Appendix 2 or (b) [*] (an Excusable Delay hereunder including but not limited “Inexcusable Delay”), both Parties shall meet to delivery of any item discuss in good faith an extension of the Supplies beyond ***** from the time for delivery specified in this Contract (as such time may be extended pursuant applicable Delivery Date or another amendment to the provisions of this Contract) then. If the Parties do not agree on such extension or amendment, in addition to the right of Spirit under Section 6.1.3, Spirit then Xxxxxx shall be entitled to terminate its obligation, at its option, to purchase either (i) the order Spare Engine(s) affected by such Inexcusable Delay, or (ii) any undelivered Spare Engine(s) remaining under the Contract, with respect to the affected item on immediate effect and without judicial recourse, by giving IAE a written notice in writing. Upon receipt of its intention to do so, without liability resulting from such notice IAE shall be free from any obligation in respect of such item except Inexcusable Delay for either Party; provided, however, that IAE shall refund to Spirit any deposits made in respect of the purchase price of will promptly return [*]) for such item of the SuppliesSpare Engine(s).