INEXCUSABLE DELAY. Clause 11 of the Agreement is deleted in its entirety and is replaced with Clause 11 attached hereto as Appendix 4.
INEXCUSABLE DELAY. If the Project will not be completed by the Date for Completion set forth in the Lease-Leaseback Agreement due to delay that is not excusable under the terms of the Contract, including Article 8 of the General Conditions, then the Sublease Term shall be extended by one month for each full month of such delay, and Owner shall either (i) elect not to make a Sublease Payment during construction for each month added to the Sublease Term, or (ii) increase the number, and lower the equal dollar amounts, of the remaining equal Sublease Payments based on the months added to the Sublease Term.
INEXCUSABLE DELAY. Any delay caused by events or circumstances within the control of the Contractor, such as inadequate crewing, slow submittals, etc., which might have been avoided by the exercise of care, prudence, foresight or diligence on the part of the Contractor.
INEXCUSABLE DELAY. Clause 11 of the Agreement is cancelled and replaced by the following quoted provisions: QUOTE
INEXCUSABLE DELAY. Should an Aircraft not be ready for delivery to the Buyer within thirty (30) days after the date specified in this Agreement (as such date may otherwise be changed pursuant to this Agreement) for reasons other than as are covered by Clause 10 or for circumstances specified in Subclause 11.6 ("Inexcusable Delay"), the Buyer will, in respect of any subsequent delay in delivery of such Aircraft, have the right to claim and the Seller will in respect of any subsequent delay, at the Buyer's option, pay or credit to the Buyer as liquidated damages for such subsequent delay in delivery of such Aircraft US $*** (US dollars-***) for each day of subsequent delay in the delivery, until the date of actual delivery or the effective date of the written notice of termination referred to in Subclause 11.4 plus any amount referred to in Subclause 11.
INEXCUSABLE DELAY. 13.1 If any Aircraft is not delivered [*****] its Scheduled Delivery Date month for any reason other than an Excusable Delay as defined in Clause 12.1, such delay in delivery shall be deemed an “Inexcusable Delay” for the purposes of this Clause.
13.2 Buyer shall have the right to claim the liquidated damages specified below in respect of any Aircraft subject to an Inexcusable Delay and the parties agree that such liquidated damages are a reasonable estimate of the amount of damages Buyer would suffer in the event of an Inexcusable Delay. Seller shall pay to Buyer as liquidated damages an amount determined in accordance with the below table per day of Inexcusable Delay commencing on the [*****] after the last day of the Scheduled Delivery Date month and continuing for each additional day thereafter through the earliest of (i) the actual Delivery Date of any such Aircraft, (ii) the date on which Buyer improperly refuses or delays acceptance of any such Aircraft, or (iii) [*****] after the last day of the Scheduled Delivery Month; provided; that, in no event shall Seller be liable to Buyer for damages with respect to any Aircraft in excess of [*****] additional liquidated damages payable pursuant to Clause 18.4(ii) hereof. [*****]
13.3 In the event the delivery of any Aircraft is delayed by more than [*****] after the last day of its Scheduled Delivery Date month, and such delay is due to Inexcusable Delay, Buyer shall have the right to terminate this Contract with, and solely, with respect to such undelivered Aircraft, which termination shall be effective by providing Seller with written notice of its intent to so terminate within [*****] after the expiration of such [*****] period. Any termination under this Clause 13.3 shall discharge the parties of all obligations and liabilities (excluding any liquidated damages payable by Seller in accordance with the terms of this Clause 13) with, and solely with, respect to such undelivered Aircraft, services, data or other items applicable thereto and to be furnished hereunder. Seller shall pay to Buyer an amount equal to [*****] (with interest at a default per annum rate equal to [*****] up to the maximum amount permitted by applicable laws, such interest being calculated on a daily basis) received from Buyer hereunder with, and solely with, respect to such undelivered Aircraft for which this Contract is so terminated, less an amount corresponding to the expenses incurred to Seller in supplying to Buyer the product...
INEXCUSABLE DELAY. Clause 11.1 of the Agreement is hereby deleted and replaced by the following:
INEXCUSABLE DELAY. 11.3 APPENDIX 6 TO LETTER AGREEMENT NO. 9
INEXCUSABLE DELAY. 11.3 Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.
INEXCUSABLE DELAY. 2.1 AVSA hereby agrees to ***
2.2 AVSA hereby agrees to ***
