Common use of Duplicate Remedies Clause in Contracts

Duplicate Remedies. THE REMEDIES PROVIDED TO THE BUYER UNDER THIS CLAUSE 12 (AND RELATED LETTER AGREEMENTS) AS TO ANY DEFECT IN RESPECT OF THE AIRCRAFT OR ANY PART THEREOF ARE NOT CUMULATIVE. THE BUYER WILL BE ENTITLED TO THE ONE REMEDY THAT PROVIDES THE MAXIMUM BENEFIT TO IT, AS THE BUYER MAY ELECT, PURSUANT TO THE TERMS AND CONDITIONS OF THIS CLAUSE 12 (AND RELATED LETTER AGREEMENTS) FOR ANY SUCH PARTICULAR DEFECT FOR WHICH REMEDIES ARE PROVIDED UNDER THIS CLAUSE 12 (AND RELATED LETTER AGREEMENTS); PROVIDED, HOWEVER, THAT, ALTHOUGH THE BUYER MAY SIMULTANEOUSLY PURSUE MULTIPLE REMEDIES FOR THE SAME DEFECT, THE BUYER WILL NOT BE ENTITLED TO ELECT A REMEDY UNDER ONE PART OF THIS CLAUSE 12 (AND RELATED LETTER AGREEMENTS) THAT CONSTITUTES A DUPLICATION OF ANY REMEDY ELECTED BY IT UNDER ANY OTHER PART HEREOF FOR THE SAME DEFECT. THE BUYER'S RIGHTS AND REMEDIES HEREIN FOR THE NONPERFORMANCE OF ANY OBLIGATIONS OR LIABILITIES OF THE SELLER ARISING UNDER THESE WARRANTIES WILL BE IN MONETARY DAMAGES LIMITED TO THE AMOUNT THE BUYER EXPENDS IN PROCURING A CORRECTION OR REPLACEMENT FOR ANY COVERED PART SUBJECT TO A DEFECT OR NONPERFORMANCE COVERED BY THIS CLAUSE 12 (AND RELATED LETTER AGREEMENTS).

Duplicate Remedies. THE REMEDIES PROVIDED TO THE BUYER UNDER THIS CLAUSE 12 (AND RELATED LETTER AGREEMENTS) AS TO ANY DEFECT IN RESPECT OF THE AIRCRAFT OR ANY PART THEREOF ARE NOT CUMULATIVE. THE BUYER WILL BE ENTITLED TO THE ONE REMEDY THAT PROVIDES THE MAXIMUM BENEFIT TO IT, AS THE BUYER MAY ELECT, PURSUANT TO THE TERMS AND CONDITIONS OF THIS CLAUSE 12 (AND RELATED LETTER AGREEMENTS) FOR ANY SUCH PARTICULAR DEFECT FOR WHICH REMEDIES ARE PROVIDED UNDER THIS CLAUSE 12 (AND RELATED LETTER AGREEMENTS); PROVIDED, HOWEVER, THAT, ALTHOUGH THE BUYER MAY SIMULTANEOUSLY PURSUE MULTIPLE REMEDIES FOR THE SAME DEFECT, *** THE BUYER WILL NOT BE ENTITLED TO ELECT A REMEDY UNDER ONE PART OF THIS CLAUSE 12 (AND RELATED LETTER AGREEMENTS) THAT CONSTITUTES A DUPLICATION OF ANY REMEDY ELECTED BY IT UNDER ANY OTHER PART HEREOF FOR THE SAME DEFECT. THE BUYER'S RIGHTS AND REMEDIES HEREIN FOR THE NONPERFORMANCE OF ANY OBLIGATIONS OR LIABILITIES OF THE SELLER *** ARISING UNDER THESE WARRANTIES WILL BE IN MONETARY DAMAGES LIMITED TO THE AMOUNT THE BUYER EXPENDS IN PROCURING A CORRECTION OR REPLACEMENT FOR ANY COVERED PART SUBJECT TO A DEFECT OR NONPERFORMANCE *** COVERED BY THIS CLAUSE 12 (AND RELATED LETTER AGREEMENTS).

Duplicate Remedies. THE REMEDIES PROVIDED TO THE BUYER UNDER THIS CLAUSE 12 (AND RELATED LETTER AGREEMENTS) AS TO ANY DEFECT IN RESPECT OF THE AIRCRAFT OR ANY PART THEREOF ARE NOT CUMULATIVE. THE BUYER WILL BE ENTITLED TO THE ONE REMEDY THAT PROVIDES THE MAXIMUM BENEFIT TO IT, AS THE BUYER MAY ELECT, PURSUANT TO THE TERMS AND CONDITIONS OF THIS CLAUSE 12 (AND RELATED LETTER AGREEMENTS) FOR ANY SUCH PARTICULAR DEFECT FOR WHICH REMEDIES ARE PROVIDED UNDER THIS CLAUSE 12 (AND RELATED LETTER AGREEMENTS); PROVIDED, HOWEVER, THAT, ALTHOUGH THE BUYER MAY SIMULTANEOUSLY PURSUE MULTIPLE REMEDIES FOR THE SAME DEFECT, *** THE BUYER WILL NOT BE ENTITLED TO ELECT A REMEDY UNDER ONE PART OF THIS CLAUSE 12 (AND RELATED LETTER AGREEMENTS) THAT CONSTITUTES A DUPLICATION OF ANY REMEDY ELECTED BY IT UNDER ANY OTHER PART HEREOF FOR THE SAME DEFECT. THE BUYER'S RIGHTS AND REMEDIES HEREIN FOR THE NONPERFORMANCE OF ANY OBLIGATIONS OR LIABILITIES *** UNQUOTE IN CONSIDERATION OF THE ASSIGNMENT AND SUBROGATION BY THE SELLER ARISING UNDER THESE WARRANTIES WILL BE IN MONETARY DAMAGES LIMITED TO THE AMOUNT THE BUYER EXPENDS IN PROCURING A CORRECTION OR REPLACEMENT FOR ANY COVERED PART SUBJECT TO A DEFECT OR NONPERFORMANCE COVERED BY THIS CLAUSE 12 (AND RELATED LETTER AGREEMENTS)) IN FAVOR OF THE BUYER IN RESPECT OF THE SELLER'S RIGHTS AGAINST AND OBLIGATIONS TO THE MANUFACTURER UNDER THE PROVISIONS QUOTED ABOVE, THE BUYER HEREBY ACCEPTS SUCH ASSIGNMENT AND SUBROGATION AND AGREES TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND LIMITATIONS THEREIN CONTAINED, SPECIFICALLY INCLUDING, WITHOUT LIMITATION, THE EXCLUSIVITY OF WARRANTIES AND GENERAL LIMITATIONS OF LIABILITY PROVISIONS AND DUPLICATE REMEDIES PROVISIONS. THIS CLAUSE 12 (INCLUDING ITS SUBPROVISIONS AND RELATED LETTER AGREEMENTS) SETS FORTH THE EXCLUSIVE WARRANTIES, EXCLUSIVE LIABILITIES AND EXCLUSIVE OBLIGATIONS OF THE SELLER, AND THE EXCLUSIVE REMEDIES AVAILABLE TO THE BUYER, WHETHER UNDER THIS AGREEMENT OR OTHERWISE, ARISING FROM ANY DEFECT OR NONCONFORMITY OR PROBLEM OF ANY KIND IN ANY AIRCRAFT, COMPONENT, EQUIPMENT, ACCESSORY, PART OR SERVICE DELIVERED UNDER THIS AGREEMENT. THE BUYER RECOGNIZES THAT THE RIGHTS, WARRANTIES AND REMEDIES IN THIS CLAUSE 12 (AND RELATED LETTER AGREEMENTS) ARE ADEQUATE AND SUFFICIENT TO PROTECT THE BUYER FROM ANY DEFECT OR NONCONFORMITY OR PROBLEM OF ANY KIND IN THE GOODS AND SERVICES SUPPLIED UNDER THIS AGREEMENT. THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES OF THE SELLER AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, WHETHER EXPRESS OR IMPLIED BY CONTRACT, TORT, OR STATUTORY LAW OR OTHERWISE, WITH RESPECT TO ANY NONCONFORMITY OR DEFECT OR PROBLEM OF ANY KIND IN ANY AIRCRAFT, COMPONENT, EQUIPMENT, ACCESSORY, PART OR SERVICE DELIVERED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, UNLESS OTHERWISE PROVIDED FOR IN THIS CLAUSE 12 (AND RELATED LETTER AGREEMENTS): (1) ANY IMPLIED OR EXPRESS WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (2) ANY RIGHT, CLAIM OR REMEDY FOR BREACH OF CONTRACT; (3) ANY RIGHT, CLAIM OR REMEDY FOR TORT, UNDER ANY THEORY OF LIABILITY, HOWEVER ALLEGED, INCLUDING, BUT NOT LIMITED TO, ACTIONS AND/OR CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, INTENTIONAL ACTS, WILLFUL DISREGARD, IMPLIED WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY OR FAILURE TO WARN; (4) ANY RIGHT, CLAIM OR REMEDY ARISING UNDER THE UNIFORM COMMERCIAL CODE OR ANY OTHER STATE OR FEDERAL STATUTE; (5) ANY RIGHT, CLAIM OR REMEDY ARISING UNDER ANY REGULATIONS OR STANDARDS IMPOSED BY ANY INTERNATIONAL, NATIONAL, STATE OR LOCAL STATUTE OR AGENCY; (6) ANY RIGHT, CLAIM OR REMEDY TO RECOVER OR BE COMPENSATED FOR: (a) LOSS OF USE OR REPLACEMENT OF ANY AIRCRAFT, COMPONENT, EQUIPMENT, ACCESSORY OR PART PROVIDED UNDER THIS AGREEMENT; (b) LOSS OF, OR DAMAGE OF ANY KIND TO, ANY AIRCRAFT, COMPONENT, EQUIPMENT, ACCESSORY OR PART PROVIDED UNDER THIS AGREEMENT; (c) LOSS OF PROFITS AND/OR REVENUES; (d) ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGE.