Common use of Excusable Delay Clause in Contracts

Excusable Delay. 10.1 The Buyer acknowledges that the Aircraft are to be manufactured by Seller in performance of this Agreement and that the Scheduled Delivery Months are based on the assumption that there shall be no delay due to causes beyond the control of the Seller. Accordingly, Seller shall not be responsible for any delay in the Delivery of the Aircraft or delay or interruption in the performance of the other obligations of the Seller hereunder due to causes beyond its control, and not occasioned by its fault or negligence including (but without limitation) acts of God or the public enemy, war, civil war, warlike operations, terrorism, insurrections or riots, fires, explosions, natural disasters, compliance with any applicable foreign or domestic governmental regulation or order, labour disputes causing cessation, slowdown or interruption of work, inability after due and timely diligence to procure materials, equipment or parts, general hindrance in transportation or failure of a sub-contractor or supplier to furnish materials, equipment or parts, any delay caused directly or indirectly by the action or inaction of the Buyer; and 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. Any delay or interruption resulting from any of the foregoing causes is referred to as an “Excusable Delay”. 10.2 If an Excusable Delay occurs: (i) the Seller shall notify the Buyer of such Excusable Delay as soon as practicable after becoming aware of the same; (ii) the Seller shall not be responsible for any damages arising from or in connection with such Excusable Delay suffered or incurred by the Buyer; (iii) the Seller shall 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 shall as soon as practicable after the removal of the cause of the delay resume performance of its obligations under this Agreement and in particular shall notify to the Buyer the revised Scheduled Delivery Month.

Excusable Delay. 10.1 The Buyer acknowledges 13.1 Any delay or failure of either party to perform its obligations shall be excused if and to the extent that the Aircraft are party is unable to be manufactured by Seller in performance of this Agreement and that the Scheduled Delivery Months are based on the assumption that there shall be no delay perform due to causes beyond the control of the Seller. Accordingly, Seller shall not be responsible for any delay in the Delivery of the Aircraft events or delay or interruption in the performance of the other obligations of the Seller hereunder due to causes occurrences beyond its control, reasonable control and not occasioned by without its fault or negligence including (but without limitation) negligence, such as: acts of God God; restrictions, prohibitions, priorities or the public enemy, war, civil war, warlike operations, terrorism, insurrections allocations imposed or riots, actions taken by a governmental authority; embargoes; fires, ; explosions, ; natural disasters, compliance with any applicable foreign ; riots; wars; sabotage; or domestic governmental regulation court injunction or order, labour disputes causing cessation, slowdown or interruption of work, inability after due and timely diligence to procure materials, equipment or parts, general hindrance in transportation or failure of a sub-contractor or supplier to furnish materials, equipment or parts, any delay caused directly or indirectly by the action or inaction of the Buyer; and 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. Any delay or interruption resulting from any of the foregoing causes is referred to as an order (collectively “Excusable Delay”. 10.2 If an Excusable Delay occurs: ). However, in no event shall Seller’s performance be excused by: (i) the change in cost or availability of raw materials, components or services based on market conditions, supplier actions or contract disputes; (ii) Seller’s financial distress; (iii) Seller’s bankruptcy or insolvency of one or more of Seller’s suppliers; or (iv) any labor strike or other labor disruption applicable to Seller or to any of its subcontractors or suppliers. Seller, at its expense, shall use its best efforts to mitigate any adverse effects or costs to Buyer due to any actual or potential Excusable Delay, including: (i) the implementation of a production contingency plan; and (ii) upon Xxxxx’s express written authorization, increasing Seller’s inventory of Supplies to a level sufficient to sustain deliveries during such Excusable delay. 13.2 Seller shall immediately give written notice to Buyer of any event or occurrence that threatens to delay or actually delays Seller’s performance under the Order. Such notice shall include all relevant information with respect to such threat, including the possible duration and impact of a delay. In addition, Seller shall notify Buyer in writing: (i) of the Buyer expiration of such Excusable Delay any labor contract or collective agreement at least sixty (60) days prior thereto; and (ii) of any actual or threatened labor strike or other labor disruption as soon as practicable after becoming Seller becomes aware of such; in each case as may be applicable to Seller or to any of its subcontractors or suppliers that are engaged in manufacturing or providing Supplies or services to Seller in connection with Seller’s obligations under the same;Order. Notwithstanding notice and Seller’s provision of a safety stock for a strike, labor disputes shall not constitute an event of Excusable Delay which shall excuse performance under the Order. 13.3 During any delay or failure to perform by Seller, Buyer may at its option and at Seller’s expense: (i) purchase Supplies from other sources and reduce its schedules to Seller by such quantities, without liability to Seller; (ii) require Seller to deliver to Buyer at Buyer's expense all finished Supplies, work in process and parts and materials produced or acquired for work under the Seller shall not be responsible for any damages arising from Order; or in connection with such Excusable Delay suffered or incurred by the Buyer; (iii) have Seller provide Supplies from other sources in quantities and at a time requested by Xxxxx and at the Seller shall not be deemed to be in default price set forth in the performance Order. In addition, Seller, at its sole expense, shall take all necessary actions to ensure the supply of its obligations hereunder as Supplies to Buyer for a result period of such Excusable Delay; and at least forty-five (iv45) days during any anticipated labor disruption or resulting from the Seller shall as soon as practicable after the removal expiration of the cause of the delay resume performance of its obligations under this Agreement and in particular shall notify to the Buyer the revised Scheduled Delivery MonthSeller's labor contracts.

Excusable Delay. 10.1 The Buyer acknowledges that Scope Neither the Aircraft are Seller nor the Manufacturer will be responsible for or be deemed to be manufactured by Seller in default on account of delays in delivery or failure to deliver or otherwise in the performance of this Agreement and that the Scheduled Delivery Months are based on the assumption that there shall be no delay or any part hereof due to causes reasonably beyond the Seller's, the Manufacturer's or any Associated Contractor's control of the Seller. Accordingly, Seller shall not be responsible for any delay in the Delivery of the Aircraft or delay or interruption in the performance of the other obligations of the Seller hereunder due to causes beyond its control, and not occasioned by its fault the Seller's, the Manufacturer's or any Associated Contractor's fault, misconduct or negligence including (but without limitation"Excusable Delay"). It is expressly understood and agreed that each of (i) acts of God or the public enemy, war, civil war, warlike operations, terrorism, insurrections or riots, fires, explosions, natural disasters, compliance with any applicable foreign or domestic governmental regulation or order, labour disputes causing cessation, slowdown or interruption of work, inability after due and timely diligence to procure materials, equipment or parts, general hindrance in transportation or failure of a sub-contractor or supplier to furnish materials, equipment or parts, any delay caused directly or indirectly by the action or inaction of the Buyer; 's failure to comply with its obligations hereunder, and (ii) 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. Any , will, to the extent attributable to such delay, constitute Excusable Delay for the Seller, unless such delay or interruption resulting from failure of delivery or other event or circumstance is attributable to any default by the Seller of its obligations hereunder or any failure of the foregoing causes is referred Seller to as an “Excusable Delay”notify the Buyer and the manufacturer of the Propulsion Systems in a timely manner of the Seller's need therefor. 10.2 If an Excusable Delay occurs: (i) the Seller shall notify the Buyer of such Excusable Delay as soon as practicable after becoming aware delay and of the same; probable extent thereof, including, without limitation, a description of the cause thereof and, if possible, a possible date of rescheduled delivery in accordance with the terms of this Agreement, and after such prompt initial notice, apprise the Buyer of the status of such delay and possible date of such rescheduled delivery, and (ii) subject to the Seller shall not be responsible for any damages arising from or in connection with such Excusable Delay suffered or incurred by the Buyer; (iii) the Seller shall 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 shall following provisions, as soon as practicable after the removal of the cause or causes for delay, resume the performance of those obligations affected under this Agreement. The Seller and the Manufacturer will endeavor to limit the extent of any such delay. The Seller will schedule the delivery of the Aircraft that is the subject of such delay resume performance to a date compatible with the Aircraft delivery schedule of its obligations under this Agreement and in particular shall notify to the Buyer the revised Scheduled Delivery MonthBuyer.

Excusable Delay. 10.1 The Buyer acknowledges that the Aircraft are to be manufactured by Seller in performance of this Agreement and that the Scheduled Delivery Months are based on the assumption that there shall be no delay due to causes beyond the control of the Seller. Accordingly, Seller shall not be responsible for any delay in the Delivery of the Aircraft or delay or interruption in the performance of the other obligations of the Seller hereunder due to causes beyond its control, and not occasioned by its fault or negligence including (but without limitation) acts of God or the public enemy, war, civil war, warlike operations, terrorism, insurrections or riots, fires, explosions, natural disasters, compliance with any applicable foreign or domestic governmental regulation or order, labour disputes causing cessation, slowdown or interruption of work, inability after due and timely diligence to procure materials, equipment or parts, general hindrance in transportation or failure of a sub-contractor or supplier to furnish materials, equipment or parts, any delay caused directly or indirectly by the action or inaction of the Buyer; and 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. Any delay or interruption resulting from any of the foregoing causes is referred to as an “"Excusable Delay”". 10.2 If an Excusable Delay occurs: (i) the Seller shall notify the Buyer of such Excusable Delay as soon as practicable after becoming aware of the same; (ii) the Seller shall not be responsible for any damages arising from or in connection with such Excusable Delay suffered or incurred by the Buyer; (iii) the Seller shall 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 shall as soon as practicable after the removal of the cause of the delay resume performance of its obligations under this Agreement and in particular shall notify to the Buyer the revised Scheduled Delivery Month.

Excusable Delay. 10.1 The Buyer acknowledges that the Aircraft are (is) (are) to be manufactured by Seller in performance of this Agreement and that the Scheduled Delivery Months are Month (s) (is) (are) based on the assumption that there shall be no delay due to causes beyond the control of the Seller. Accordingly, Seller shall not be responsible for any delay in the Delivery of the Aircraft or delay or interruption in the performance of the other obligations of the Seller hereunder due to causes beyond its control, and not occasioned by its fault or negligence including (but without limitation) acts of God or the public enemy, war, civil war, warlike operations, terrorism, insurrections or riots, fires, explosions, natural disasters, compliance with any applicable foreign or domestic governmental regulation or order, labour disputes causing cessation, slowdown or interruption of work, inability after due and timely diligence to procure materials, equipment or parts, general hindrance in transportation or failure of a sub-contractor or supplier to furnish materials, equipment or parts, any delay caused directly or indirectly by the action or inaction of the Buyer; and 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. Any delay or interruption resulting from any of the foregoing causes is referred to as an “"Excusable Delay”". 10.2 If an Excusable Delay occurs: (i) the Seller shall notify the Buyer of such Excusable Delay as soon as practicable after becoming aware of the same; (ii) the Seller shall not be responsible for any damages arising from or in connection with such Excusable Delay suffered or incurred by the Buyer; (iii) the Seller shall 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 shall as soon as practicable after the removal of the cause of the delay resume performance of its obligations under this Agreement and in particular shall notify to the Buyer the revised Scheduled Delivery Month.

Excusable Delay. 10.1 The Buyer acknowledges that the Aircraft are to be manufactured by Seller in performance of this Agreement and that the Scheduled Delivery Months are based on the assumption that there shall be no delay due to causes beyond the control of the Seller. Accordingly, Seller shall not be responsible for any delay in the Delivery of the Aircraft or delay or interruption in the performance of the other obligations of the Seller hereunder due to causes beyond its control, and not occasioned by its fault or negligence including (but without limitation) acts of God or the public enemy, war, civil war, warlike operations, terrorism, insurrections or riots, fires, explosions, natural disasters, compliance with any applicable foreign or domestic governmental regulation or order, labour disputes causing cessation, slowdown or interruption of work, inability after due and timely diligence to procure materials, equipment or parts, general hindrance in transportation or failure of a sub-contractor or supplier to furnish materials, equipment or parts, any delay caused directly or indirectly by the action or inaction of the Buyer; and any delay in delivery or otherwise in the performance of this Agreement by the Seller due in whole liable 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. Any delay or interruption resulting from any of the foregoing causes is referred to as an “Excusable Delay”. 10.2 If an Excusable Delay occurs: (i) the Seller shall notify the Buyer of such Excusable Delay as soon as practicable after becoming aware of the same; (ii) the Seller shall not be responsible for any damages arising from or in connection with such Excusable Delay suffered or incurred by the Buyer; (iii) the Seller shall 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 shall as soon as practicable after the removal of the cause of the delay resume performance breach of its obligations under this Agreement and in particular shall notify to the extent performance of such obligations is delayed or prevented, directly or indirectly, by causes beyond its reasonable control, including acts of God, fire, terrorism, war (declared or undeclared), severe weather conditions, earthquakes, epidemics, material shortages, insurrection, acts or omissions of Buyer or Buyer’s suppliers or agents, any act or omission by any governmental authority, strikes, labor disputes, acts or threats of vandalism or terrorism (including disruption of technology resources (for example, a virus affecting IT resources)), transportation shortages, or vendor’s failure to perform, or acts or omissions of Buyer or Buyer’s other contractors or suppliers (each an “Excusable Delay”). The delivery or performance date shall be extended for a period equal to the revised Scheduled Delivery Monthtime lost by reason of delay, including time to overcome the effect of the delay. Seller shall promptly notify Buyer in writing upon the occurrence of any Excusable Delay and from time to time thereafter, which notices shall indicate the effect thereof on the applicable delivery or performance date, and Seller shall use best efforts to continue performance whenever such causes are removed. In the event an Excusable Delay continues for a period of six (6) months or more beyond the scheduled delivery or performance date, Buyer or Seller may, upon thirty (30) days written notice to the other, cancel the part of this Agreement so delayed, Seller shall return to Buyer all payments relative to the canceled part of this Agreement. Buyer shall pay Seller its reasonable cancellation charges in the event Buyer elects to cancel the affected part of this Agreement due to an Excusable Delay caused solely by acts or omissions of Buyer or Buyer’s other contractors or suppliers.

Excusable Delay. 10.1 The Buyer acknowledges 13.1 Any delay or failure of either party to perform its obligations shall be excused if and to the extent that the Aircraft are party is unable to be manufactured by Seller in performance of this Agreement and that the Scheduled Delivery Months are based on the assumption that there shall be no delay perform due to causes beyond the control of the Seller. Accordingly, Seller shall not be responsible for any delay in the Delivery of the Aircraft events or delay or interruption in the performance of the other obligations of the Seller hereunder due to causes occurrences beyond its control, reasonable control and not occasioned by without its fault or negligence including (but without limitation) negligence, such as: acts of God God; restrictions, prohibitions, priorities or the public enemy, war, civil war, warlike operations, terrorism, insurrections allocations imposed or riots, actions taken by a governmental authority; embargoes; fires, ; explosions, ; natural disasters, compliance with any applicable foreign ; riots; wars; sabotage; or domestic governmental regulation court injunction or order, labour disputes causing cessation, slowdown or interruption of work, inability after due and timely diligence to procure materials, equipment or parts, general hindrance in transportation or failure of a sub-contractor or supplier to furnish materials, equipment or parts, any delay caused directly or indirectly by the action or inaction of the Buyer; and 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. Any delay or interruption resulting from any of the foregoing causes is referred to as an order (collectively “Excusable Delay”. 10.2 If an Excusable Delay occurs: ). However, in no event shall Seller’s performance be excused by: (i) the change in cost or availability of raw materials, components or services based on market conditions, supplier actions or contract disputes; (ii) Seller’s financial distress; (iii) Seller’s bankruptcy or insolvency of one or more of Seller’s suppliers; or (iv) any labor strike or other labor disruption applicable to Seller or to any of its subcontractors or suppliers. Seller, at its expense, shall use its best efforts to mitigate any adverse effects or costs to Buyer due to any actual or potential Excusable Delay, including: (i) the implementation of a production contingency plan; and (ii) upon Buyer’s express written authorization, increasing Seller’s inventory of Supplies to a level sufficient to sustain deliveries during such Excusable delay. 13.2 Seller shall immediately give written notice to Buyer of any event or occurrence that threatens to delay or actually delays Seller’s performance under the Order. Such notice shall include all relevant information with respect to such threat, including the possible duration and impact of a delay. In addition, Seller shall notify Buyer in writing: (i) of the Buyer expiration of such Excusable Delay any labor contract or collective agreement at least sixty (60) days prior thereto; and (ii) of any actual or threatened labor strike or other labor disruption as soon as practicable after becoming Seller becomes aware of such; in each case as may be applicable to Seller or to any of its subcontractors or suppliers that are engaged in manufacturing or providing Supplies or services to Seller in connection with Seller’s obligations under the same;Order. Notwithstanding notice and Seller’s provision of a safety stock for a strike, labor disputes shall not constitute an event of Excusable Delay which shall excuse performance under the Order. 13.3 During any delay or failure to perform by Seller, Buyer may at its option and at Seller’s expense: (i) purchase Supplies from other sources and reduce its schedules to Seller by such quantities, without liability to Seller; (ii) require Seller to deliver to Buyer at Buyer's expense all finished Supplies, work in process and parts and materials produced or acquired for work under the Seller shall not be responsible for any damages arising from Order; or in connection with such Excusable Delay suffered or incurred by the Buyer; (iii) have Seller provide Supplies from other sources in quantities and at a time requested by Xxxxx and at the Seller shall not be deemed to be in default price set forth in the performance Order. In addition, Seller, at its sole expense, shall take all necessary actions to ensure the supply of its obligations hereunder as Supplies to Buyer for a result period of such Excusable Delay; and at least forty-five (iv45) days during any anticipated labor disruption or resulting from the Seller shall as soon as practicable after the removal expiration of the cause of the delay resume performance of its obligations under this Agreement and in particular shall notify to the Buyer the revised Scheduled Delivery MonthSeller's labor contracts.

Excusable Delay. 10.1 The Buyer acknowledges 13.1 Any delay or failure of either party to perform its obligations shall be excused if and to the extent that the Aircraft are party is unable to be manufactured by Seller in performance of this Agreement and that the Scheduled Delivery Months are based on the assumption that there shall be no delay perform due to causes beyond the control of the Seller. Accordingly, Seller shall not be responsible for any delay in the Delivery of the Aircraft events or delay or interruption in the performance of the other obligations of the Seller hereunder due to causes occurrences beyond its control, reasonable control and not occasioned by without its fault or negligence including (but without limitation) negligence, such as: acts of God God; restrictions, prohibitions, priorities or the public enemy, war, civil war, warlike operations, terrorism, insurrections allocations imposed or riots, actions taken by a governmental authority; embargoes; fires, ; explosions, ; natural disasters, compliance with any applicable foreign ; riots; wars; sabotage; or domestic governmental regulation court injunction or order, labour disputes causing cessation, slowdown or interruption of work, inability after due and timely diligence to procure materials, equipment or parts, general hindrance in transportation or failure of a sub-contractor or supplier to furnish materials, equipment or parts, any delay caused directly or indirectly by the action or inaction of the Buyer; and 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. Any delay or interruption resulting from any of the foregoing causes is referred to as an order (collectively “Excusable Delay”. 10.2 If an Excusable Delay occurs: ). However, in no event shall Seller’s performance be excused by: (i) the change in cost or availability of raw materials, components or services based on market conditions, supplier actions or contract disputes; (ii) Seller’s financial distress; (iii) Seller’s bankruptcy or insolvency of one or more of Seller’s suppliers; or (iv) any labor strike or other labor disruption applicable to Seller or to any of its subcontractors or suppliers. Seller, at its expense, shall use its best efforts to mitigate any adverse effects or costs to Buyer due to any actual or potential Excusable Delay, including: (i) the implementation of a production contingency plan; and (ii) upon Buyer’s express written authorization, increasing Seller’s inventory of Supplies to a level sufficient to sustain deliveries during such Excusable delay. 13.2 Seller shall immediately give written notice to Buyer of any event or occurrence that threatens to delay or actually delays Seller’s performance under the Order. Such notice shall include all relevant information with respect to such threat, including the possible duration and impact of a delay. In addition, Seller shall notify Buyer in writing: (i) of the Buyer expiration of such Excusable Delay any labor contract or collective agreement at least sixty (60) days prior thereto; and (ii) of any actual or threatened labor strike or other labor disruption as soon as practicable after becoming Seller becomes aware of such; in each case as may be applicable to Seller or to any of its subcontractors or suppliers that are engaged in manufacturing or providing Supplies or services to Seller in connection with Seller’s obligations under the same;Order. Notwithstanding notice and Seller’s provision of a safety stock for a strike, labor disputes shall not constitute an event of Excusable Delay which shall excuse performance under the Order. 13.3 During any delay or failure to perform by Seller, Buyer may at its option and at Seller’s expense: (i) purchase Supplies from other sources and reduce its schedules to Seller by such quantities, without liability to Seller; (ii) require Seller to deliver to Buyer at Buyer’s expense all finished Supplies, work in process and parts and materials produced or acquired for work under the Seller shall not be responsible for any damages arising from Order; or in connection with such Excusable Delay suffered or incurred by the Buyer; (iii) have Seller provide Supplies from other sources in quantities and at a time requested by Xxxxx and at the Seller shall not be deemed to be in default price set forth in the performance Order. In addition, Seller, at its sole expense, shall take all necessary actions to ensure the supply of its obligations hereunder as Supplies to Buyer for a result period of such Excusable Delay; and at least forty- five (iv45) days during any anticipated labor disruption or resulting from the Seller shall as soon as practicable after the removal expiration of the cause of the delay resume performance of its obligations under this Agreement and in particular shall notify to the Buyer the revised Scheduled Delivery MonthSeller’s labor contracts.

Excusable Delay. 10.1 The Buyer acknowledges 13.1 Any delay or failure of either party to perform its obligations shall be excused if and to the extent that the Aircraft are party is unable to be manufactured by Seller in performance of this Agreement and that the Scheduled Delivery Months are based on the assumption that there shall be no delay perform due to causes beyond the control of the Seller. Accordingly, Seller shall not be responsible for any delay in the Delivery of the Aircraft events or delay or interruption in the performance of the other obligations of the Seller hereunder due to causes occurrences beyond its control, reasonable control and not occasioned by without its fault or negligence including (but without limitation) negligence, such as: acts of God God; restrictions, prohibitions, priorities or the public enemy, war, civil war, warlike operations, terrorism, insurrections allocations imposed or riots, actions taken by a governmental authority; embargoes; fires, ; explosions, ; natural disasters, compliance with any applicable foreign ; riots; wars; sabotage; or domestic governmental regulation court injunction or order, labour disputes causing cessation, slowdown or interruption of work, inability after due and timely diligence to procure materials, equipment or parts, general hindrance in transportation or failure of a sub-contractor or supplier to furnish materials, equipment or parts, any delay caused directly or indirectly by the action or inaction of the Buyer; and 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. Any delay or interruption resulting from any of the foregoing causes is referred to as an order (collectively “Excusable Delay”. 10.2 If an Excusable Delay occurs: ). However, in no event shall Seller’s performance be excused by: (i) the change in cost or availability of raw materials, components or services based on market conditions, supplier actions or contract disputes; (ii) Seller’s financial distress; (iii) Seller’s bankruptcy or insolvency of one or more of Seller’s suppliers; or (iv) any labor strike or other labor disruption applicable to Seller or to any of its subcontractors or suppliers. Seller, at its expense, shall use its best efforts to mitigate any adverse effects or costs to Buyer due to any actual or potential Excusable Delay, including: (i) the implementation of a production contingency plan; and (ii) upon Buyer’s express written authorization, increasing Seller’s inventory of Supplies to a level sufficient to sustain deliveries during such Excusable delay. 13.2 Seller shall immediately give written notice to Buyer of any event or occurrence that threatens to delay or actually delays Seller’s performance under the Order. Such notice shall include all relevant information with respect to such threat, including the possible duration and impact of a delay. In addition, Seller shall notify Buyer in writing: (i) of the Buyer expiration of such Excusable Delay any labor contract or collective agreement at least sixty (60) days prior thereto; and (ii) of any actual or threatened labor strike or other labor disruption as soon as practicable after becoming Seller becomes aware of such; in each case as may be applicable to Seller or to any of its subcontractors or suppliers that are engaged in manufacturing or providing Supplies or services to Seller in connection with Seller’s obligations under the same;Order. Notwithstanding notice and Seller’s provision of a safety stock for a strike, labor disputes shall not constitute an event of Excusable Delay which shall excuse performance under the Order. 13.3 During any delay or failure to perform by Seller, Buyer may at its option and at Seller’s expense: (i) purchase Supplies from other sources and reduce its schedules to Seller by such quantities, without liability to Seller; (ii) require Seller to deliver to Buyer at Buyer’s expense all finished Supplies, work in process and parts and materials produced or acquired for work under the Seller shall not be responsible for any damages arising from Order; or in connection with such Excusable Delay suffered or incurred by the Buyer; (iii) have Seller provide Supplies from other sources in quantities and at a time requested by Xxxxx and at the Seller shall not be deemed to be in default price set forth in the performance Order. In addition, Seller, at its sole expense, shall take all necessary actions to ensure the supply of its obligations hereunder as Supplies to Buyer for a result period of such Excusable Delay; and at least forty-five (iv45) days during any anticipated labor disruption or resulting from the Seller shall as soon as practicable after the removal expiration of the cause of the delay resume performance of its obligations under this Agreement and in particular shall notify to the Buyer the revised Scheduled Delivery MonthSeller’s labor contracts.

Excusable Delay. 10.1 The Buyer acknowledges that each of the Aircraft are is to be manufactured by Seller in performance of this Agreement and that the Scheduled Delivery Months are Month is based on the assumption that there shall be no delay due to causes beyond the control of the Seller. Accordingly, Seller shall not be responsible for any delay in the Delivery of the Aircraft or delay or interruption in the performance of the other obligations of the Seller hereunder due to causes beyond its control, and not occasioned by its fault or negligence including (but without limitation) acts of God or the public enemy, war, civil war, warlike operations, terrorism, insurrections or riots, fires, explosions, natural disasters, compliance with any applicable foreign or domestic governmental regulation or order, labour disputes * causing cessation, slowdown or interruption of work, inability after due and timely diligence to procure materials, equipment or parts, general hindrance in transportation or failure of a sub-contractor or supplier to furnish materials, equipment or parts, any delay caused directly or indirectly by the action or inaction of the Buyer; and 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. Any delay or interruption resulting from any of the foregoing causes is referred to as an “"EXCUSABLE DELAY". For the sake of clarity, delays in the launch of the A350 programme or certification do not constitute an Excusable Delay”Delay and the provisions of Clause 11 shall apply to such delays, except if such delays are due to causes as listed hereabove. 10.2 If an Excusable Delay occurs: (i) the Seller shall notify the Buyer of such Excusable Delay as soon as practicable after becoming aware of the same; (ii) the Seller shall not be responsible for any damages arising from or in connection with such Excusable Delay suffered or incurred by the Buyer; (iii) the Seller shall 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 shall as soon as practicable after the removal of the cause of the delay resume performance of its obligations under this Agreement and in particular shall notify use all reasonable endeavors to minimize or overcome any Excusable Delay to the Buyer the revised Scheduled Delivery Month.extent it is reasonably able to do so;

Excusable Delay. 10.1 The Buyer acknowledges that the Aircraft are (is) (are) to be manufactured by Seller in performance of this Agreement and that the Scheduled Delivery Months are Month (s) (is) (are) based on the assumption that there shall be no delay due to causes beyond the control of the Seller. Accordingly, Seller shall not be responsible for any delay in the Delivery of the Aircraft or delay or interruption in the performance of the other obligations of the Seller hereunder due to causes beyond its control, and not occasioned by its fault or negligence including (but without limitation) acts of God or the public enemy, war, civil war, warlike operations, terrorism, insurrections or riots, fires, explosions, natural disasters, compliance with any applicable foreign or domestic governmental regulation or order, labour disputes causing cessation, slowdown or interruption of work, ***** inability after due and timely diligence to procure materials, equipment or parts, general hindrance in transportation or failure of a sub-contractor or supplier to furnish materials, equipment or parts, any delay caused directly or indirectly by parts due to the action or inaction of the Buyer; and 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 Equipmentabove mentioned causes. Any delay or interruption resulting from any of the foregoing causes is referred to as an “Excusable Delay”. 10.2 If an Excusable Delay occurs: (i) the Seller shall notify the Buyer of such Excusable Delay as soon as practicable after becoming aware of the same; (ii) the Seller shall not be responsible for any damages arising from or in connection with such Excusable Delay suffered or incurred by the Buyer; (iii) the Seller shall 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 shall as soon as practicable after the removal of the cause of the delay resume performance of its obligations under this Agreement and in particular shall notify to the Buyer the revised Scheduled Delivery Month. (v) In addition, the result of the ***** as referred in ***** for the affected Aircraft shall be *****

Excusable Delay. 10.1 The Buyer acknowledges that the Aircraft are to be manufactured by Seller in performance of this Agreement and that the Scheduled Delivery Months are based on the assumption that there shall be no delay due to causes beyond the control of the Seller. Accordingly, Seller shall not be responsible for any delay in the Delivery of the Aircraft or delay or interruption in the performance of the other obligations of the Seller hereunder due to causes beyond its control, and not occasioned by its fault or negligence including (but without limitation) acts of God or the public enemy, war, civil war, warlike operations, terrorism, insurrections or riots, fires, explosions, natural disasters, compliance with any applicable foreign or domestic governmental regulation or order, labour disputes causing cessation, slowdown or interruption of work, inability after due and timely diligence to procure materials, equipment or parts, general hindrance in transportation or failure of a sub-contractor subcontractor or supplier to furnish materials, equipment or parts, any delay caused directly or indirectly by the action or inaction of the Buyer; and 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. Any delay or interruption resulting from any of the foregoing causes is referred to as an “Excusable Delay”. 10.2 If an Excusable Delay occurs: (i) the Seller shall notify the Buyer of such Excusable Delay as soon as practicable after becoming aware of the same; (ii) the Seller shall not be responsible for any damages arising from or in connection with such Excusable Delay suffered or incurred by the Buyer; (iii) the Seller shall 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 shall as soon as practicable after the removal of the cause of the delay resume performance of its obligations under this Agreement and in particular shall notify to the Buyer the revised Scheduled Delivery Month.

Excusable Delay. 10.1 The Buyer acknowledges that the Aircraft are to be manufactured by Seller in performance of this Agreement and that the Scheduled Delivery Months are based on the assumption that there shall be no delay due to causes beyond the control of the Seller. AccordinglyPA -581 Frontier Airlines Holdings, Seller shall not be responsible for any delay in the Delivery of the Aircraft Inc 18 12.1 If Bombardier is prevented or delay or interruption in the performance of the other obligations of the Seller hereunder due to causes beyond its controldelayed, and not occasioned by its fault or negligence including (but without limitation) acts of God or the public enemy, war, civil war, warlike operations, terrorism, insurrections or riots, fires, explosions, natural disasters, compliance with any applicable foreign or domestic governmental regulation or order, labour disputes causing cessation, slowdown or interruption of work, inability after due and timely diligence to procure materials, equipment or parts, general hindrance in transportation or failure of a sub-contractor or supplier to furnish materials, equipment or parts, any delay caused directly or indirectly by the action or inaction of the Buyer; and indirectly, from performing 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. Any delay or interruption resulting from any of the foregoing causes is referred to as an “Excusable Delay”. 10.2 If an Excusable Delay occurs: (i) the Seller shall notify the Buyer of such Excusable Delay as soon as practicable after becoming aware of the same; (ii) the Seller shall not be responsible for any damages arising from or in connection with such Excusable Delay suffered or incurred by the Buyer; (iii) the Seller shall 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 shall as soon as practicable after the removal of the cause of the delay resume performance of its obligations under this Agreement by an Excusable Delay, Bombardier shall not be liable for, and shall not be in particular default under this Agreement on account of, such delay or non-performance and the time fixed or required for the performance of any obligation in this Agreement shall notify be extended for a period equal to the Buyer period during which any such event or the effects thereof shall persist. Excusable Delay means: (a) Domestic war or material armed hostilities impacting the assembly process of the Aircraft or Bombardier’s vendors; (b) Government acts; (c) Fires, floods, earthquakes or other similar “Acts of God” directly and materially impacting the assembly process of the Aircraft or Bombardier’s Vendors; (d) Pandemic or quarantine restrictions [***]; (e) Delay caused by delays of Frontier in the provision and delivery of buyer furnished equipment in accordance with a mutually agreed schedule; (f) Strikes, lock-out, walk-out, and/or other labour actions causing cessation, slow-down or interruption of work [***]; (g) Lack or shortage or delay in delivery of supplies, materials, accessories, equipment, tools or parts not caused or occasioned by Bombardier’s fault or neglect, [***]. For the avoidance of doubt, any Excusable Delay suffered by a supplier may give rise to an Excusable Delay in accordance with these provisions; and (h) Delay in obtaining any FAA airworthiness, approval or certificate, or any equivalent approval or certification, by reason of any law or governmental order, directive or regulation or any change thereto, or interpretation thereof, by the FAA, [***] provided the delay is reasonable in consideration of, [***]. Upon recognition by Bombardier of the occurrence or anticipated occurrence of an Excusable Delay, Bombardier will provide Notice to Frontier of the same and Bombardier shall within [***] to provide to Frontier a recovery plan and its proposed cure for such Excusable Delay. Bombardier agrees that in the event of an Excusable Delay, [***]. (a) If Bombardier concludes, based on its appraisal of the facts and normal scheduling procedures, that due to Excusable Delay delivery of an Aircraft will be delayed for more than [***] after the original Scheduled Delivery Month or any revised date agreed to in writing by the parties, Bombardier shall promptly notify Frontier in writing and either party may within [***] terminate this Agreement with respect to such Aircraft by giving Notice to the other party. (b) If, due to Excusable Delay, delivery of any Aircraft is delayed for more than [***] after the last day of the original Scheduled Delivery Month or any revised date agreed to by the parties, either party may [***] terminate this Agreement with respect to such Aircraft by giving Notice to the other party. 12.3 If prior to Delivery of an Aircraft, that Aircraft is lost, destroyed or damaged beyond repair, Bombardier shall promptly notify Frontier in writing. Such Notice shall specify the earliest date reasonably possible, consistent with Bombardier’s other contractual commitments and production schedule, by which Bombardier estimates it would be able PA -581 Frontier Airlines Holdings, Inc 19 to deliver a replacement for the lost, destroyed or damaged Aircraft. If the Notice specifies a date [***] after the original Scheduled Delivery Month or any revised date agreed to in writing by the parties, either party may [***] terminate this Agreement with respect to the/that Aircraft by giving written notice to the other party. Unless Frontier exercises any right it may have to terminate this Agreement with respect to the/that Aircraft, the parties shall execute an amendment to this Agreement which shall set forth the revised Scheduled Delivery MonthMonth and, if practicable, the Readiness Date for such replacement aircraft; provided, however, that nothing herein shall obligate Bombardier to manufacture and deliver or Frontier to purchase such replacement aircraft if it would require the reactivation or acceleration of its production line for the model of aircraft purchased hereunder. The terms and conditions of this Agreement otherwise applicable to the replaced Aircraft shall apply to the replacement aircraft. The Base Price for the replacement aircraft shall be as set forth in Article 4.2 as if such replacement aircraft were an “Aircraft” under this Agreement. The Base Price for such replacement aircraft shall be subject to adjustment as set forth in Article 4.3 [***]. 12.4 Termination under Articles 12.2 or 12.3 shall discharge all obligations and liabilities of Frontier and Bombardier hereunder with respect to such delayed Aircraft (and all related undelivered items and services), Bombardier shall promptly repay to Frontier, and Bombardier’s sole liability and responsibility shall be limited to the repayment to Frontier, of all advance payments and Deposits for such Aircraft with interest at the Penalty Interest Rate bearing from the date such payment was made by Frontier. 12.5 The termination rights set forth in Articles 12.2 and 12.3 are exclusive of and in substitution for any and all other rights and remedies provided by law, contract or otherwise. PA -581 Frontier Airlines Holdings, Inc 20

Excusable Delay. 10.1 The Buyer acknowledges that each of the Aircraft are is to be manufactured by Seller in performance of this Agreement and that the Scheduled Delivery Months are Month is based on the assumption that there shall be no delay due to causes beyond the control of the Seller. Accordingly, Seller shall not be responsible for any delay in the Delivery of the Aircraft or delay or interruption in the performance of the other obligations of the Seller hereunder due to causes beyond its control, and not occasioned by its fault or negligence including (but without limitation) acts of God or the public enemy, war, civil war, warlike operations, terrorism, insurrections or riots, fires, explosions, natural disasters, compliance with any applicable foreign or domestic governmental regulation or order, labour disputes (however excluding disputes involving the Seller’s workforce) causing cessation, slowdown or interruption of work, inability after due and timely diligence to procure materials, equipment or parts, general hindrance in transportation or failure of a sub-contractor or supplier to furnish materials, equipment or parts, any delay caused directly or indirectly by the action or inaction of the Buyer; and 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. Any delay or interruption resulting from any of the foregoing causes is referred to as an “Excusable Delay”. 10.2 If an Excusable Delay occurs: (i) the Seller shall notify the Buyer of such Excusable Delay as soon as practicable after becoming aware of the same; (ii) the Seller shall not be responsible for any damages arising from or in connection with such Excusable Delay suffered or incurred by the Buyer; (iii) the Seller shall 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 shall as soon as practicable after the removal of the cause of the delay resume performance of its obligations under this Agreement and in particular shall notify use all reasonable endeavors to minimize or overcome any Excusable Delay to the Buyer the revised Scheduled Delivery Month.extent it is reasonably able to do so;

Excusable Delay. 10.1 The Buyer acknowledges that the Aircraft are to be manufactured by Seller in performance of this Agreement and that the Scheduled Delivery Months are based on the assumption that there shall be no delay due to causes beyond the control of the Seller. Accordingly, Seller shall not be responsible for any delay in the Delivery of the Aircraft or delay or interruption in the performance of the other obligations of the Seller hereunder due to causes beyond its control, and not occasioned by its fault or negligence including (but without limitation) acts of God or the public enemy, war, civil war, warlike operations, terrorism, insurrections or riots, fires, explosions, natural disasters, compliance with any applicable foreign or domestic governmental regulation or order, labour disputes causing cessation, slowdown or interruption of work, inability after due and timely diligence to procure materials, equipment or parts, general hindrance in transportation or failure of a sub-contractor or supplier to furnish materials, equipment or parts, any delay caused directly or indirectly by the action or inaction of the Buyer; and 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. Any delay or interruption resulting from any of the foregoing causes is referred to as an “"Excusable Delay”". 10.2 If an Excusable Delay occurs: (i) the Seller shall notify the Buyer of such Excusable Delay as soon as practicable after becoming aware of the same; (ii) the Seller shall not be responsible for any damages arising from or in connection with such Excusable Delay suffered or incurred by the Buyer; (iii) the Seller shall 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 shall as soon as practicable after the removal of the cause of the delay resume performance of its obligations under this Agreement and in particular shall notify to the Buyer the revised Scheduled Delivery Month.[DELETED]

Excusable Delay. 10.1 The Buyer acknowledges that the Aircraft are to be manufactured by Seller in performance of this Agreement and that the Scheduled Delivery Months are based on the assumption that there shall be no delay due to causes beyond the control of the Seller. Accordingly, Seller Contractor shall not be responsible liable for any delay in the Delivery of the Aircraft or delay or interruption in the performance of the other obligations of the Seller hereunder due to causes beyond its control, and not occasioned by its fault or negligence including (but without limitation) acts of God or the public enemy, war, civil war, warlike operations, terrorism, insurrections or riots, fires, explosions, natural disasters, compliance with any applicable foreign or domestic governmental regulation or order, labour disputes causing cessation, slowdown or interruption of work, inability after due and timely diligence to procure materials, equipment or parts, general hindrance in transportation or failure of a sub-contractor or supplier to furnish materials, equipment or parts, any delay caused directly or indirectly by the action or inaction of the Buyer; and 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. Any delay or interruption resulting from any of the foregoing causes is referred to as an “Excusable Delay”. 10.2 If an Excusable Delay occurs: (i) the Seller shall notify the Buyer of such Excusable Delay as soon as practicable after becoming aware of the same; (ii) the Seller shall not be responsible for any damages arising from or in connection with such Excusable Delay suffered or incurred by the Buyer; (iii) the Seller shall 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 shall as soon as practicable after the removal of the cause of the delay resume performance nonperformance of its obligations under this Agreement and in particular shall notify or lack of cure of nonperformance or default, to the Buyer extent its nonperformance or lack of cure of nonperformance or default is due to: (1) acts of God, flood, drought, earthquake, severe storm, fire, pestilence, lightning and other natural catastrophes, epidemic, war, riot, civil disturbance or disobedience, strikes labor disputes ; (2) action or inaction of legislative, judicial or regulatory agencies or other proper authority; (3) mechanical or electrical failure of the revised Scheduled Delivery MonthCombined Facility due to causes other than the fault, negligence, or breach of Contractor under this Agreement or the fault or negligence of Contractor's agents or employees; (4) acts of Owner; or (5) sabotage of the Combined Facility; or (6) any similar occurrence beyond Contractor's reasonable control. In the event of the occurrence of an Excusable Delay, Contractor shall promptly notify Owner. Contractor shall use reasonable efforts to mitigate the consequences of an Excusable Delay and to continue performance by alternative means or to resume performance as quickly as possible, and shall Suspend performance only for such period of time as is necessary as a result of an event of Excusable Delay. Nothing herein shall be construed to obligate Contractor to settle any strike or labor disturbance . In the event of a strike or other form of labor action which prevents Contractor from continuing to provide personnel to operate the Combined Facility, Owner shall have the right to continue operating the Combined Facility and to retain such other personnel or agents as Owner in its sole discretion deems necessary or advisable for such purpose, and Owner shall be obligated to pay Contractor only for the services provided by Contractor during any such period of Owner's Operation, but Owner shall not be relieved 25 Second Amended and Restated Selkirk O&M Services Agreement CONFIDENTIAL EXECUTION COPY 6/29/00 of its obligation to pay Contractor for all work performed by Contractor prior to such occurrence.

Excusable Delay. 10.1 The Buyer acknowledges that the Aircraft are (is) (are) to be manufactured by Seller in performance of this Agreement and that the Scheduled Delivery Months are Month (s) (is) (are) based on the assumption that there shall be no delay due to causes beyond the control of the Seller. Accordingly, Seller shall not be responsible for any delay in the Delivery of the Aircraft or delay or interruption in the performance of the other obligations of the Seller hereunder due to causes beyond its control, and not occasioned by its fault or negligence (including (but without limitation) limitation - provided they satisfy the foregoing test - acts of God or the public enemy, war, civil war, warlike operations, terrorism, insurrections or riots, fires, explosions, natural disasters, compliance with any applicable foreign or domestic governmental regulation or order, labour disputes causing cessation, slowdown or interruption of work, inability after due and timely diligence to procure materials, equipment or parts, general hindrance in transportation or failure of a sub-contractor or supplier to furnish materials, equipment or parts, any delay caused directly or indirectly by the action or inaction of the Buyer; and 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). Any delay or interruption resulting from any of the foregoing causes is referred to as an “Excusable Delay”"EXCUSABLE DELAY". 10.2 If an Excusable Delay occurs: (i) the Seller shall notify the Buyer of such Excusable Delay as soon as practicable after becoming aware of the samesame and shall inform the Buyer of the measures and remedies taken to cure the cause and mitigate the duration and effect of any delay; (ii) the Seller shall not be responsible for any damages arising from or in connection with such Excusable Delay suffered or incurred by the Buyer; (iii) the Seller shall 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 shall as soon as practicable after the removal of the cause of the delay resume performance of its obligations under this Agreement and in particular shall notify to the Buyer the revised Scheduled Delivery Month.; (v) [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] (vi) [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT]

Excusable Delay. 10.1 The Buyer acknowledges 13.1 Any delay or failure of either party to perform its obligations shall be excused if and to the extent that the Aircraft are party is unable to be manufactured by Seller in performance of this Agreement and that the Scheduled Delivery Months are based on the assumption that there shall be no delay perform due to causes beyond the control of the Seller. Accordingly, Seller shall not be responsible for any delay in the Delivery of the Aircraft events or delay or interruption in the performance of the other obligations of the Seller hereunder due to causes occurrences beyond its control, reasonable control and not occasioned by without its fault or negligence including (but without limitation) negligence, such as: acts of God God; restrictions, prohibitions, priorities or the public enemyallocations imposed, war, civil war, warlike operations, terrorism, insurrections or riots, actions taken by a governmental authority; embargoes; fires, ; explosions, ; natural disasters, compliance with any applicable foreign ; riots; wars; sabotage; or domestic governmental regulation court injunction or order, labour disputes causing cessation, slowdown or interruption of work, inability after due and timely diligence to procure materials, equipment or parts, general hindrance in transportation or failure of a sub-contractor or supplier to furnish materials, equipment or parts, any delay caused directly or indirectly by the action or inaction of the Buyer; and 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. Any delay or interruption resulting from any of the foregoing causes is referred to as an order (collectively “Excusable Delay”. 10.2 If an Excusable Delay occurs: ). However, in no event shall Seller’s performance be excused by: (i) the change in cost or availability of raw materials, components or services based on market conditions, supplier actions or contract disputes; (ii) Seller’s financial distress; (iii) Seller’s bankruptcy or insolvency of one or more of Seller’s suppliers; or (iv) any labor strike or other labor disruption applicable to Seller or to any of its subcontractors or suppliers. Seller, at its expense, shall use its best efforts to mitigate any adverse effects or costs to Buyer due to any actual or potential Excusable Delay, including: (i) the implementation of a production contingency plan; and (ii) upon Buyer’s express written authorization, increasing Seller’s inventory of Supplies to a level sufficient to sustain deliveries during such Excusable delay. 13.2 Seller shall immediately give written notice to Buyer of any event or occurrence that threatens to delay or actually delays Seller’s performance under the Order. Such notice shall include all relevant information with respect to such threat, including the possible duration and impact of a delay. In addition, Seller shall notify Buyer in writing: (i) of the Buyer expiration of such Excusable Delay any labor contract or collective agreement at least sixty (60) days prior thereto; and (ii) of any actual or threatened labor strike or other labor disruption as soon as practicable after becoming Seller becomes aware of such; in each case as may be applicable to Seller or to any of its subcontractors or suppliers that are engaged in manufacturing or providing Supplies or services to Seller in connection with Seller’s obligations under the same;Order. Notwithstanding notice and Seller’s provision of a safety stock for a strike, labor disputes shall not constitute an event of Excusable Delay which shall excuse performance under the Order. 13.3 During any delay or failure to perform by Seller, Buyer may at its option and at Seller’s expense: (i) purchase Supplies from other sources and reduce its schedules to Seller by such quantities, without liability to Seller; (ii) require Seller to deliver to Buyer at Buyer's expense all finished Supplies, work in process and parts and materials produced or acquired for work under the Seller shall not be responsible for any damages arising from Order; or in connection with such Excusable Delay suffered or incurred by the Buyer; (iii) have Seller provide Supplies from other sources in quantities and at a time requested by Xxxxx and at the Seller shall not be deemed to be in default price set forth in the performance Order. In addition, Seller, at its sole expense, shall take all necessary actions to ensure the supply of its obligations hereunder as Supplies to Buyer for a result period of such Excusable Delay; and at least forty-five (iv45) days during any anticipated labor disruption or resulting from the Seller shall as soon as practicable after the removal expiration of the cause of the delay resume performance of its obligations under this Agreement and in particular shall notify to the Buyer the revised Scheduled Delivery MonthSeller's labor contracts.