Nonperformance by Customer Clause Samples
The 'Nonperformance by Customer' clause defines the consequences and procedures that apply if the customer fails to fulfill their contractual obligations. Typically, this clause outlines what constitutes nonperformance, such as missed payments or failure to provide necessary information, and may specify remedies available to the service provider, like suspending services or imposing late fees. Its core function is to protect the provider by establishing clear recourse in the event of customer default, thereby ensuring accountability and minimizing disruptions to the contractual relationship.
Nonperformance by Customer. If Customer’s nonperformance of obligations in this Exhibit or in the BFE Document causes a delay in the delivery of the Aircraft or causes Boeing to perform out-of-sequence or additional work, Customer will reimburse Boeing for all resulting expenses and be deemed to have agreed to any such delay in Aircraft delivery. In addition Boeing will have the right to:
5.1 provide and install specified equipment or suitable alternate equipment and increase the price of the Aircraft accordingly; and/or
5.2 deliver the Aircraft to Customer without the BFE installed.
Nonperformance by Customer. If Customer's nonperformance of obligations in this Exhibit or in the BFE/CDSPE/SPE/CSE Document causes a delay in the delivery of the Aircraft or causes Boeing to perform out-of-sequence or additional work, Customer will reimburse Boeing for all reasonable expenses associated with such out-of-sequence or additional work and be deemed to have agreed to any such delay in Aircraft delivery. Boeing shall provide reasonable substantiation of such claim to Customer at Customer's request. In addition Boeing will have the right to:
5.1 provide and install specified equipment or suitable alternate equipment and increase the price of the Aircraft accordingly; and/or
5.2 deliver the Aircraft to Customer without the BFE installed.
Nonperformance by Customer. If Customer's nonperformance of obligations in this Exhibit and in the applicable supplemental exhibit to a purchase agreement, BFE Document or BFE Report causes a delay in the delivery of the aircraft or causes Boeing to perform out-of-sequence or additional work, Customer will reimburse Boeing for all resulting expenses and be deemed to have agreed to any such delay in aircraft delivery. In addition Boeing will have the right to: ____________________ *Redacted Pursuant to a Request for Confidential Treatment; Filed separately with the Commission
5.1 provide and install specified equipment or suitable alternate equipment and increase the price of the aircraft accordingly; and/or
5.2 deliver the aircraft to Customer without the BFE installed.
Nonperformance by Customer. If Customer's nonperformance of obligations in this Exhibit or in the BFE Document causes a delay in the delivery of the Aircraft or causes Boeing to perform outofsequence or additional work, Customer will reimburse Boeing for all resulting expenses and be deemed to have agreed to any such delay in Aircraft delivery. In addition Boeing will have the right to:
5.1 provide and install specified equipment or suitable alternate equipment and increase the price of the Aircraft accordingly; and/or AGTA-ASA AGTA_Terms_Revisions Rev.: 01/08/04 Alaska Airlines, Inc. 6-1162-MSA-591 5.2 deliver the Aircraft to Customer without the BFE installed. Notwithstanding Article 5.1, in the event of Customer's nonperformance of its obligations under this Exhibit A, Boeing will not substitute alternative equipment for late BFE equipment without Buyer's approval. In addition to those expenses previously outlined in this Article 5, Buyer agrees to reimburse Boeing for any expenses which result from any delay caused by Buyer's failure to promptly approve the substitution.