Common use of Limited Scope Of Modification Clause in Contracts

Limited Scope Of Modification. It is expressly agreed that this Amendment only acts as a modification of Section 10.1 of the abovementioned Air Transportation Charter Agreement previously entered into between the parties on March 21, 2003. All other terms, conditions, obligations, representations, warranties and provisions of the abovementioned Air Transportation Charter Agreement are in no way modified by this Amendment and are still binding on the Parties. The Parties expressly agree that if the terms, conditions, provision, representations, or warranties of this Amendment are breached by either Party this Amendment will immediately become null and void and the Parties will revert back to and be governed by Section 10.1 of the abovementioned Air Transportation Charter Agreement in its original unmodified form as of the date of the breach. This Amendment shall be effective from July 1, 2004 until terminated pursuant to the terms of this Amendment. At any time, for any reason or no reason, upon thirty (30) days written notice by Charterer to Allegiant, Charterer shall have the right to terminate this Amendment and to revert back to the original fuel cost arrangement in its unmodified form as initially agreed to in Section 10.1 of the above-mentioned Air Transportation Charter Agreement. The thirty (30) day notice required for Charterer to unilaterally terminate this Amendment shall not be required in cases where this Amendment would otherwise immediately or automatically terminate by operation in accordance with Section 1, 2, or 3 of this Amendment.

Appears in 2 contracts

Samples: Transportation Charter Agreement (Allegiant Travel CO), Transportation Charter Agreement (Allegiant Travel CO)

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Limited Scope Of Modification. It is expressly agreed that this Amendment only acts as a modification of Section 10.1 of the abovementioned Air Transportation Charter Agreement previously entered into between the parties on March 21, 2003. All other terms, conditions, obligations, representations, warranties and provisions of the abovementioned Air Transportation Charter Agreement are in no way modified by this Amendment and are still binding on the Parties. The Parties expressly agree that if the terms, conditions, provision, representations, or warranties of this Amendment are breached by either Party this Amendment will immediately become null and void and the Parties will revert back to and be governed by Section 10.1 of the abovementioned Air Transportation Charter Agreement in its original unmodified form as of the date of the breach. This Amendment shall be effective from July June 1, 2004 until terminated pursuant to the terms of this Amendment. At any time, for any reason or no reason, upon thirty (30) days written notice by Charterer to Allegiant, Charterer shall have the right to terminate this Amendment and to revert back to the original fuel cost arrangement in its unmodified form as initially agreed to in Section 10.1 of the above-above mentioned Air Transportation Charter Agreement. The thirty (30) day notice required for Charterer to unilaterally terminate this Amendment shall not be required in cases where this Amendment would otherwise other wise immediately or automatically terminate by operation in accordance with Section 1, 2, or 3 of this Amendment.

Appears in 2 contracts

Samples: Transportation Charter Agreement (Allegiant Travel CO), Transportation Charter Agreement (Allegiant Travel CO)

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