Common use of Manufacturer Specification Change Notices Clause in Contracts

Manufacturer Specification Change Notices. The Specification may be amended by the Seller through a Manufacturer Specification Change Notice (“MSCN”), which shall be substantially in the form set out in Exhibit B2 hereto and shall set out the MSCN’s Aircraft embodiment rank as well as, in reasonable detail, the particular change to be made to the Specification and the effect, if any, of such change on performance, weight, Aircraft Base Price, Delivery Date of the Aircraft affected thereby and interchangeability or replaceability requirements under the Specification. Except when the MSCN is necessitated by an Aviation Authority directive or by equipment obsolescence, in which case the MSCN shall be accomplished without requiring the Buyer’s consent, if the MSCN adversely affects the performance, weight, Base Price, Delivery Date of the Aircraft affected thereby or the interchangeability or replaceability requirements under the Specification, the Seller shall notify the Buyer of a reasonable period of time during which the Buyer must accept or reject such MSCN. If the Buyer does not notify the Seller of the rejection of the MSCN within such period, the MSCN shall be deemed accepted by the Buyer and the corresponding modification shall be accomplished. **** **** AVOLON A320 Purchase Agreement December 2010

Appears in 1 contract

Samples: A320 Purchase Agreement (Avolon Holdings LTD)

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Manufacturer Specification Change Notices. The Specification may be amended by the Seller through a Manufacturer Specification Change Notice (“MSCN”), which shall be substantially in the form set out in Exhibit B2 hereto B-2 hereto, or by such other means as may be deemed appropriate, and shall set out forth the MSCN’s particular Aircraft embodiment rank that are affected by the MSCN as well as, in reasonable detail, the particular change changes to be made in the Specification, any materials to be deleted from the Specification Aircraft by the Seller in connection with such SCN, and the effect, if any, of such change changes on design, performance, weight, Aircraft Base Pricebalance, Scheduled Delivery Date Quarter or Scheduled Delivery Month (as applicable), Buyer Furnished Equipment and price of the each Aircraft affected thereby and interchangeability or replaceability requirements under the Specificationof parts. Except when the MSCN is necessitated by an Aviation Authority directive or by equipment obsolescence, in which case the MSCN shall be accomplished without requiring the Buyer’s consent, if the MSCN adversely affects the performance, weight, Base Price, Delivery Date of the Aircraft affected thereby or the interchangeability or replaceability requirements under the Specification, the Seller shall notify the Buyer of a reasonable period of time during which the Buyer must accept or reject such MSCN. If the Buyer does not notify the Seller of the rejection of the MSCN within such period, the MSCN shall be deemed accepted by the Buyer and the corresponding modification shall be accomplished; provided however, if the Buyer rejects an MSCN, neither the Specification nor the Base Price of the Aircraft shall change. **** **** AVOLON A320 Purchase Agreement December 2010For the purposes of Subclause 2.2.3.1, the term “equipment obsolescence” refers to equipment which is no longer manufactured or available commercially.

Appears in 1 contract

Samples: Letter Agreement (Delta Air Lines Inc /De/)

Manufacturer Specification Change Notices. The Specification may be amended by the Seller through a Manufacturer Specification Change Notice (“MSCN”), which shall be substantially in the form set out in Exhibit B2 hereto B-2 hereto, or by such other means as may be deemed appropriate, and shall set out forth the MSCN’s particular Aircraft embodiment rank that are affected by the MSCN as well as, in reasonable detail, the particular change changes to be made in the Specification, any materials to be deleted from the Specification Aircraft by the Seller in connection with such SCN, and the effect, if any, of such change changes on design, performance, weight, Aircraft Base Pricebalance, Scheduled Delivery Date Month, Buyer Furnished Equipment and price of the each Aircraft affected thereby and interchangeability or replaceability requirements under the Specificationof parts. Except when the MSCN is necessitated by an Aviation Authority directive or by equipment obsolescence, in which case the MSCN shall be accomplished without requiring the Buyer’s consent, if the MSCN adversely affects the performance, weight, Base Price, Delivery Date of the Aircraft affected thereby or the interchangeability or replaceability requirements under the Specification, the Seller shall notify the Buyer of a reasonable period of time during which the Buyer must accept or reject such MSCN. If the Buyer does not notify the Seller of the rejection of the MSCN within such period, the MSCN shall be deemed accepted by the Buyer and the corresponding modification shall be accomplished; provided however, if the Buyer rejects an MSCN, neither the Specification nor the Base Price of the Aircraft shall change. **** **** AVOLON A320 Purchase Agreement December 2010For the purposes of Subclause 2.2.3.1, the term “equipment obsolescence” refers to equipment which is no longer manufactured or available commercially.

Appears in 1 contract

Samples: Letter Agreement (Delta Air Lines Inc /De/)

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Manufacturer Specification Change Notices. The Specification may be amended by the Seller through a Manufacturer Specification Change Notice (“MSCN”), which shall be substantially in the form set out in Exhibit B2 hereto and shall set out the MSCN’s Aircraft embodiment rank as well as, in reasonable detail, the particular change to be made to the Specification and the effect, if any, of such change on performance, weight, Aircraft Base Price, Delivery Date of the Aircraft affected thereby and interchangeability or replaceability requirements under the Specification. Except when the MSCN is necessitated by an Aviation Authority directive or by equipment obsolescence, in which case the MSCN shall be accomplished without requiring the Buyer’s consent, if the MSCN adversely affects the performance, weight, Base Price, Delivery Date of the Aircraft affected thereby or the interchangeability or replaceability requirements under the Specification, the Seller shall notify the Buyer of a reasonable period of time during which the Buyer must accept or reject such MSCN. If the Buyer does not notify the Seller of the rejection of the MSCN within such period, the MSCN shall be deemed accepted by the Buyer and the corresponding modification shall be accomplished. **** **** AVOLON A320 Purchase Agreement December 2010

Appears in 1 contract

Samples: A320 Purchase Agreement (Avolon Holdings LTD)

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