Non-Excusable Delay. Delay in delivery of any Aircraft beyond the last day of the delivery month (Scheduled Delivery) established in the Purchase Agreement by any cause that is not an Excusable Delay pursuant to Article 7 of the AGTA and for which Customer is otherwise entitled to a remedy from Boeing pursuant to applicable law.
Non-Excusable Delay. In the event that delivery of products shall be delayed by more than fifteen (15) calendar days beyond agreed delivery dates, by causes not deemed to be excusable, Buyer has the right to deduct from Seller’s invoice an amount of point two (0.2) percent per calendar day for each calendar day of delay of the invoice value of such delayed products up to four (4) percent of the product value as sole remedy. In the event that such non-excusable delay extends to three (3) calendar months, Buyer has the right to terminate the non-excusable delayed open Purchase Orders on products covered by this agreement, and thus be relieved from accepting the non-excusable delayed undelivered products without prejudice to Buyer’s right to claim from Seller liquidated damages as per this article “non-excusable delay” as sole remedy. If the delivery of the products is delayed and/or put on hold beyond the agreed delivery date by causes which are in the responsibility of the Buyer, the Buyer shall be obliged to issue a credit note to Seller with an amount of point two (0.2) percent per calendar day up to four (4) percent of the value of the ship set affected by the default in taking delivery. Should the Buyer cause delay in delivery exceeding three (3) months, Seller has the right to terminate the Purchase Agreement in whole or in part. Additionally Seller has the right to claim further damages relating to the delay in taking delivery and retains all its rights and remedies provided by law. No action by a party shall constitute a waiver of any such right or remedy.
Non-Excusable Delay. 14.1 If delivery of the Aircraft is delayed beyond the end of the Scheduled Delivery Date, by causes not excused under Article 13.1, this shall constitute a non-excusable delay (a "Non-Excusable Delay").
Non-Excusable Delay. 6.1 If the event that Seller does not deliver the Product within one (1) week after the delivery date specified in Art.4.1, the Seller shall pay from the first day of delay a penalty calculated from the Value of Product (delayed - undelivered) as follows:
Non-Excusable Delay. The Seller shall not be entitled to any extension of the Delivery Date (i) for any delay resulting from a cause of delay in existence as of the execution of this Agreement or (ii) for any delay resulting from the late performance or default of a subcontract (whether for delivery of machinery, equipment and supplies to be incorporated in the Vessel or otherwise) if such delay results from the continuation of a cause of delay in effect as of the date of the award of the subcontract where Seller had notice of such subcontractor's cause of delay prior to or at the time of such award. .
Non-Excusable Delay. Article 6.1 below supplements Article 14.1
Non-Excusable Delay. If IAE delays the delivery of an Eligible Engine from a Shop Visit beyond the time for delivery specified in the Workscope (as such time may be extended pursuant to the provisions of this Agreement) for any reason other than those specified in Clause 13.1 above, IAE’s obligations shall be as set forth in Clause 5.
Non-Excusable Delay. 12.1 In the event that Seller, through no fault of Purchaser, does not deliver an Aircraft within ***** after the last day of the calendar month in which delivery of that Aircraft is scheduled, such delay not being an Excusable Delay, then :
a. If Seller advises Purchaser more than ***** before the first day of a month in which an Aircraft is scheduled to be delivered that such delivery will be delayed more than ***** after the last day of such month, Seller shall pay ***** as liquidated damages for each day of delay in the delivery of such delayed Aircraft, ***** .
b. If Seller advises Purchaser less than ***** before the first day of a month in which an Aircraft is scheduled to be delivered that such delivery will be delayed more than ***** after the last day of such month, Seller shall pay as liquidated damages, for each Aircraft delayed more than ***** in the delivery of such delayed Aircraft, *****
12.2 In the event that delivery of an Aircraft is delayed by more than ***** after the last day of the calendar month in which delivery of that Aircraft is scheduled, and such delay is not an Excusable Delay, Purchaser may, by written notice to Seller given no later than ***** after expiration of such ***** , terminate this Agreement only in respect to that Aircraft which is the subject of such delay. Seller, at Purchaser's option, shall return or credit to Purchaser, within ***** after such notice, all sums previously paid by Purchaser to Seller in respect of that Aircraft *****
12.3 It is expressly acknowledged that any amount to be paid by Seller and Purchaser's rights and remedies as a result of a delay in delivery of any Aircraft (but not as a result of Seller's failure to deliver any Aircraft) as set forth in this Article 12 is agreed and accepted as liquidated damages and not as a penalty (no other method of quantifying such damages being possible) and are agreed as final and exclusive and in lieu of any other rights and remedies.
Non-Excusable Delay. 14.1 If delivery of the Aircraft is delayed beyond the end of the Scheduled Delivery Date, by causes not excused under Article 13.1, this shall constitute a non- excusable delay (a "Non-Excusable Delay").
14.2 If as a result of an Non-Excusable Delay, delivery of the Aircraft will be delayed to a date beyond the originally Scheduled Delivery Date or any revised date previously agreed to in writing by the parties, the Aircraft Purchase Price of the Aircraft at delivery, ----------------------------------- ----------------------------------- ----------------------------------- ----------------------------------- ----------------
Non-Excusable Delay. [*****] Should any of the Aircraft not be Ready for Delivery to the Buyer within [*****] (the “Delivery Period”) and such delay is not as a result of an Excusable Delay or Total Loss (a “Non-Excusable Delay”), then the Buyer shall have the right to claim, and the Seller shall pay by way of [*****]: US Dollars [*****] (USD [*****]) if the Seller notifies the Buyer of such Non- Excusable Delay prior to [*****] prior to the Scheduled Delivery Month of the affected Aircraft; the amount of such [*****] shall in no event exceed the total of US Dollars [*****] (USD [*****]) in respect of any one Aircraft. US Dollars [*****] (USD [*****]) if the Seller notifies the Buyer of such Non- Excusable Delay after [*****]. US Dollars [*****] (USD [*****]) if the Seller notifies the Buyer of such Non- Excusable Delay after [*****]. US Dollars [*****] (USD [*****]) if the Seller notifies the Buyer of such Non- Excusable Delay after [*****]. The Buyer’s right [*****] in respect of the Aircraft is conditional upon the Buyer submitting a claim in respect of such [*****] in writing to the Seller [*****] after the last day of the Scheduled Delivery Month.
