Common use of Maintenance Provisions refundable at termination of the Agreement Clause in Contracts

Maintenance Provisions refundable at termination of the Agreement. 10.8.1 Upon termination of this Agreement with respect to one or more Aircraft and/or Services in accordance with the terms of this Agreement (except as a result of a Company Default) (the “Termination Date”), the Provider shall reimburse the Company Maintenance Provisions related to landing gears maintenance services and/or their sub-component for ATR 72-600 only based on [*****]) of the amount set out in Clause 10.3.2 for maintenance services (the “Refund Amount”), taking into account the price applicable [*****] as per Clauses 10.5 and when applicable adjusted every [*****] as per Clause 10 and 11, for each FH or CY performed for Main Elements: between the re-installation on such Aircraft after the last shop repair or overhaul or exchange occurred under this Agreement, as evidenced in the relevant EASA, FAA, TC, or ANAC release form and ending on the Termination Date. • for ATR 42-500, ATR 72-500 and ATR 72-600, [*****] of the price by the hours and [*****], • for ATR 72-600, [*****] of the price by the hours and [*****], • for ATR 42-500 and ATR 72-500, [*****] of the price by the hours and [*****], [*****] Confidential material redacted and filed separately with the Securities and Exchange Commission. AZUL & TRIP - ATR Global Maintenance Agreement-Addendum 06 issue 4 Page 9 / 27 the Refund Amount will apply only for the maintenance reserves collected for the landing gears installed on ATR 72-600 aircraft. In addition, it is agreed by the parties that [*****] of the maintenance provision paid for the maintenance of the landing gears will be reimbursed as credit memo for the purchasing of services, goods and aircraft. (i) the Company returned to the Provider all replacement spare(s) Main Element(s), items of the Stock, Core Items and Unserviceable LRU the Provider may have delivered or be expected from time to time according to the terms of this Agreement, and (ii) The Company paid to the Provider all due amounts, and (iii) The Company is not in Default of any of its obligations under this Agreement. (iv) The related maintenance service is not subject to payment on event.

Appears in 2 contracts

Samples: Global Maintenance Agreement (Azul Sa), Global Maintenance Agreement (Azul Sa)

AutoNDA by SimpleDocs

Maintenance Provisions refundable at termination of the Agreement. 10.8.1 Upon termination of this Agreement with respect to one or more Aircraft and/or Services in accordance with the terms of this Agreement (except as a result of a Company Default) (the “Termination Date”), the Provider shall reimburse the Company Maintenance Provisions related to landing gears maintenance services and/or their sub-component for ATR 72-600 only based on [*****]) ] of the amount set out in Clause 10.3.2 for maintenance services (the “Refund Amount”), taking into account the price applicable [*****] as per Clauses 10.5 and when applicable adjusted every [*****] as per Clause 10 and 11, 11 for each FH or CY performed for Main Elements: between the re-installation on such Aircraft after the last shop repair or overhaul or exchange occurred under this Agreement, as evidenced in the relevant EASA, FAA, TC, or ANAC release form and ending on the Termination Date. [*****] Confidential material redacted and filed separately with the Securities and Exchange Commission. • for ATR 42-500, ATR 72-500 and ATR 72-600, [*****] of the price by the hours and [*****]] by event, • for ATR 72-600, [*****] of the price by the hours and [*****], • for ATR 42-500 and ATR 72-500, [*****], [*****] of the price by the hours and [*****], ] [*****] Confidential material redacted and filed separately with the Securities and Exchange Commission. AZUL & TRIP - ATR Global Maintenance Agreement-Addendum 06 issue 4 Page 9 / 27 the Refund Amount will apply only for the maintenance reserves collected for the landing gears installed on ATR 72-600 aircraft. In addition, it is agreed by the parties that [*****] out of [*****] of the maintenance provision paid for the maintenance of the landing gears will be reimbursed as credit memo for the purchasing of services, goods and aircraft.[*****] (i) the Company returned to the Provider all replacement spare(s) Main Element(s), items of the Stock, Core Items and Unserviceable LRU the Provider may have delivered or be expected from time to time according to the terms of this Agreement, and (ii) The Company paid to the Provider all due amounts, and (iii) The Company is not in Default of any of its obligations under this Agreement. (iv) The related maintenance service is not subject to payment on event. 10.8.3 It is also understood that airborne FH and/or CY to be taken into account for such a refund process are only those accrued on original Main Element(s) of Aircraft when fitted on Company’s Aircraft or alternatively spare(s) main elements of Company property. FH and/or CY accrued on replacement spare Main Element(s) provided by the Provider to the Company under this Agreement and/or any Main Element(s) different from those installed on Aircraft on the date they were originally delivered to the Company or not owned by the Company shall not be taken into account in this refund process.”

Appears in 2 contracts

Samples: Global Maintenance Agreement (Azul Sa), Global Maintenance Agreement (Azul Sa)

AutoNDA by SimpleDocs
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!