Induction Schedule for New Aircraft. 3.1 The New Aircraft shall be delivered, painted, redecorated, have adequate pilot and crew staffing and otherwise be ready to operate in the US Airways network in accordance with the Induction Schedule set forth below. In the event that a New Aircraft will not be ready to operate in the US Airways network on the date required by the Induction Schedule, Mesa shall immediately notify US Airways by telephone and in writing by confirmed email (“Late Delivery Notice”). New Aircraft that are not ready to operate in the US Airways network on the date required by the Induction Schedule shall be subject to the following late-delivery charges, that will accrue until such New Aircraft are inducted: $[***] per New Aircraft per aircraft day, if the Late Delivery Notice is given to US Airways more than 14 days prior to the applicable Induction Date; and $[***] per New Aircraft per aircraft day if the Late Delivery Notice is given 14 days or less prior to the applicable Induction Date. After 365 cumulative aircraft days of delay, US Airways may, at its option, elect to terminate this Amendment. Such late-delivery charges shall constitute liquidated damages and not a penalty, and each party agrees that such liquidated damages are a reasonable approximation of the actual damages but that the amount of actual damages that would result from late-delivery of the New Aircraft is difficult or impossible to calculate. Notwithstanding the foregoing, no late-delivery charges shall apply to the first 2 New Aircraft until such New Aircraft are more than 5 days late.
