EXCUSABLE DELAY AND TOTAL LOSS. Clause 10 of the Agreement is deleted in its entirety and is replaced with Clause 10 attached hereto as Appendix 4.
EXCUSABLE DELAY AND TOTAL LOSS. Clause 10 of the Agreement is cancelled and replaced by the following quoted provisions: QUOTE
EXCUSABLE DELAY AND TOTAL LOSS. 10.8 Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.
EXCUSABLE DELAY AND TOTAL LOSS. 10.8 APPENDIX 5 TO LETTER AGREEMENT NO. 9
EXCUSABLE DELAY AND TOTAL LOSS. HAL – A300 XX0-0 XXX X000 XX - XX0 Xiscellaneous *** Confidential Treatment Requested Clause 10 of the Agreement is cancelled and replaced by the following quoted provisions: QUOTE
EXCUSABLE DELAY AND TOTAL LOSS. Scope of Excusable Delay [CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT]
EXCUSABLE DELAY AND TOTAL LOSS. 10.1 Scope of Excusable Delay
EXCUSABLE DELAY AND TOTAL LOSS. 10.1 The Seller and any Affiliate of the Seller will not be responsible or be deemed to be in default of its obligations under this Agreement on account of delays in delivery or failure to deliver or other delays or failures in the performance of this Agreement, any part hereof, due to causes reasonably beyond the Seller’s control or not occasioned by the Seller’s fault or negligence of which Seller has notified Buyer in accordance with this sub-Clause 10.1 (“Excusable Delay”), including but not being limited to: acts of God or the public enemy, natural disasters, fires, floods, explosions or earthquakes; epidemics or quarantine restrictions; serious accidents; total or constructive total loss; any law, decision, regulation, directive or other act (whether or not having the force of law) of any government or of the Council of the European Community or the Commission of the European Community or of any national, Federal, State, municipal or other governmental department, commission, board, bureau, agency, court or instrumentality, domestic or foreign; governmental priorities or regulations or orders affecting allocation of materials or facilities or a completed Aircraft; war, civil war and warlike operations, terrorism, insurrection or riots; strikes or labor troubles causing cessation, slow down or interruption of work; delay after due and timely diligence in obtaining any airworthiness or type certification; inability after due and timely diligence to procure materials, accessories, equipment or parts; general hindrance in transportation. It is expressly understood and agreed that (i) any delay in delivery or otherwise in the performance of this Agreement by the Seller due in whole or in part to any delay in or failure of the delivery of, or any other event or circumstance relating to, the Propulsion Systems or Buyer Furnished Equipment or (ii) any delay caused by the Buyer’s negligence or the Buyer’s fault will each constitute Excusable Delay for the Seller. The Seller will as soon as practicable after becoming aware of any delay falling within the provisions of this sub-Clause 10.1 (i) exert all reasonable best efforts to minimize the effects of such occurrence, (ii) notify the Buyer of such delay and of the probable extent thereof and (iii) subject to the following provisions, as soon as practicable after the removal of the cause or causes for delay notify Buyer of the actual extent of the delay and resume the performance of those obligations affected ...
EXCUSABLE DELAY AND TOTAL LOSS. 14.1.1 [***] The provisions of Clause [***] of the Agreement and of Paragraphs [***] and [***] of this Letter Agreement notwithstanding, [***].
(i) in the event of an Excusable Delay [***]
(ii) in the event of a Total Loss of such Aircraft under Clause 10.4 of the Agreement (provided [***]. The provisions of Clause [***] of the Agreement and of Paragraphs [***] and [***] of this Letter Agreement notwithstanding, the [***].
EXCUSABLE DELAY AND TOTAL LOSS
