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: 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 4 contracts

Samples: Aircraft General Terms Agreement (Continental Airlines Inc /De/), Aircraft General Terms Agreement (Alaska Air Group Inc), Aircraft General Terms Agreement (Amtran 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: 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 4 contracts

Samples: Purchase Agreement (Fedex Corp), Purchase Agreement (Fedex Corp), Purchase Agreement (Fedex Corp)

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 5.1. provide and install specified equipment or suitable alternate equipment and increase the price of the Aircraft accordingly; and/or 5.2 5.2. deliver the Aircraft to Customer without the BFE installed.

Appears in 1 contract

Samples: Aircraft General Terms Agreement (Atlas Air Inc)

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: 5.1 provide and install specified equipment or suitable alternate equipment subject to agreement from Customer, 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 (Hawaiian Airlines Inc/Hi)

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: 5.1 provide and install specified equipment or suitable alternate equipment and increase the price of the Aircraft aircraft accordingly; and/or 5.2 deliver the Aircraft aircraft to Customer without the BFE installed.

Appears in 1 contract

Samples: Purchase 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 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 5.2 deliver the Aircraft to Customer without the BFE installed.

Appears in 1 contract

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

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: 5.1 provide and install specified equipment or suitable alternate equipment and increase the price of the Aircraft aircraft accordingly; and/or and/or 5.2 deliver the Aircraft aircraft to Customer without the BFE installed.

Appears in 1 contract

Samples: Purchase Agreement (Southwest Airlines Co)

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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 or decrease 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 (Copa Holdings, S.A.)

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 and/or 5.2 deliver the Aircraft to Customer without the BFE installed.

Appears in 1 contract

Samples: Purchase 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 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 (Alaska Air Group Inc)

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