Common use of Nonperformance by Customer Clause in Contracts

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:

Appears in 6 contracts

Samples: Aircraft General Terms Agreement (Amtran Inc), Aircraft General Terms Agreement (Atlas Air Inc), Aircraft General Terms Agreement (Alaska Air Group Inc)

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Nonperformance by Customer. If Customer's ’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:

Appears in 4 contracts

Samples: Letter Agreement (Fedex Corp), Purchase Agreement (Fedex Corp), Aircraft General Terms Agreement (Fedex Corp)

Nonperformance by Customer. If Customer's ’s nonperformance of obligations in this Exhibit or and in the applicable supplemental exhibit to a purchase agreement, BFE Document or BFE Report causes a delay in the delivery of the Aircraft 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 aircraft delivery. In addition Boeing will have the right to:

Appears in 2 contracts

Samples: Letter Agreement (Southwest Airlines Co), Aircraft General Terms Agreement (Southwest Airlines Co)

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 reasonable expenses and be deemed to have agreed to any such delay in Aircraft delivery. In addition Boeing will have the right to:

Appears in 1 contract

Samples: Aircraft General Terms Agreement (Hawaiian Airlines Inc/Hi)

Nonperformance by Customer. If Customer's nonperformance of obligations in this Exhibit or in the BFE 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 resulting 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:

Appears in 1 contract

Samples: Aircraft General Terms Agreement (Delta Air Lines Inc /De/)

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Nonperformance by Customer. If Customer's ’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.

Appears in 1 contract

Samples: Aircraft General Terms Agreement

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 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:

Appears in 1 contract

Samples: Aircraft General Terms Agreement (Alaska Air Group, Inc.)

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