Common use of Prior to Delivery Clause in Contracts

Prior to Delivery. the Aircraft will undergo a technical acceptance process developed by the Seller (the “Technical Acceptance Process”). Successful completion of the Technical Acceptance Process will demonstrate the satisfactory functioning of the Aircraft and will be deemed to demonstrate compliance with the applicable Specification. Should the Aircraft fail to complete the Technical Acceptance Process satisfactorily, the Seller will without hindrance from the Buyer be entitled to carry out any necessary changes and, as soon as practicable thereafter, resubmit the Aircraft to the Technical Acceptance Process.

Appears in 2 contracts

Samples: Family Purchase Agreement (Spirit Airlines, Inc.), Letter Agreement (Spirit Airlines, Inc.)

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Prior to Delivery. the Aircraft will undergo a technical acceptance process developed by the Seller (the “Technical Acceptance Process”). Successful completion Completion of the Technical Acceptance Process will demonstrate the satisfactory functioning of the Aircraft and will be deemed to demonstrate compliance with the applicable Specification. Should it be established that the Aircraft fail fails to complete the Technical Acceptance Process satisfactorily, the Seller will without hindrance from the Buyer be entitled to carry out any necessary changes and, as soon as practicable thereafter, resubmit the Aircraft in order to complete the Technical Acceptance Process.

Appears in 1 contract

Samples: Letter Agreement (Flyi Inc)

Prior to Delivery. the Aircraft will undergo a technical acceptance process developed by the Seller Seller, ** (the “Technical Acceptance Process”). Successful completion Completion of the Technical Acceptance Process will demonstrate the satisfactory functioning of the Aircraft and will be deemed to demonstrate compliance with the applicable Specification. Should it be established that the Aircraft fail fails to complete the Technical Acceptance Process satisfactorily, the Seller will without hindrance from the Buyer be entitled to and will carry out any necessary changes to correct the reason for such failure and, as soon as practicable thereafter, resubmit the Aircraft in order to complete the Technical Acceptance Process.

Appears in 1 contract

Samples: Letter Agreement (Us Airways Inc)

Prior to Delivery. the Aircraft will shall undergo a technical acceptance process developed by the Seller (the “Technical Acceptance Process”). Successful completion of the Technical Acceptance Process will shall demonstrate the satisfactory functioning of the Aircraft and will shall be deemed to demonstrate compliance with the applicable Specification. Should the Aircraft fail to complete the Technical Acceptance Process satisfactorily, the Seller will shall without hindrance from the Buyer be entitled to carry out any necessary changes and, as soon as practicable thereafter, resubmit the Aircraft to the Technical Acceptance Process to the extent necessary to demonstrate full compliance with the requirements of the Technical Acceptance Process.. *** Confidential Treatment Requested

Appears in 1 contract

Samples: Letter Agreement (Hawaiian Holdings Inc)

Prior to Delivery. the Aircraft will undergo a technical acceptance process developed by the Seller (the “Technical Acceptance Process”). Successful completion of the Technical Acceptance Process will demonstrate the satisfactory functioning of the Aircraft and will be deemed to demonstrate compliance with the applicable Specification. Should the Aircraft fail to complete the Technical Acceptance Process satisfactorily, the Seller will without hindrance from the Buyer be entitled to carry out any necessary changes and, as soon as practicable thereafter, resubmit the Aircraft to the Technical Acceptance Process to the extent necessary to demonstrate full compliance with the requirements of the Technical Acceptance Process.

Appears in 1 contract

Samples: Purchase Agreement (Intrepid Aviation LTD)

Prior to Delivery. the Aircraft will undergo a technical acceptance process developed by the Seller (the “Technical Acceptance Process”). Successful completion Completion of the Technical Acceptance Process will demonstrate the satisfactory functioning of the Aircraft and will be deemed to demonstrate compliance with the applicable Specification. Should the Aircraft fail to complete the Technical Acceptance Process satisfactorily, the The Seller will without hindrance from the Buyer be entitled to carry out any necessary changes and, as soon as practicable thereafter, resubmit the Aircraft to the such further Technical Acceptance Process.Process as is necessary to demonstrate the elimination of any non-compliance. ***

Appears in 1 contract

Samples: Letter Agreement (United Airlines, Inc.)

Prior to Delivery. the Aircraft will undergo a technical acceptance process developed by the Seller (the "Technical Acceptance Process"). Successful completion of the Technical Acceptance Process will demonstrate the satisfactory functioning of the Aircraft and will be deemed to demonstrate compliance with the applicable Specification. Should the Aircraft fail to complete the Technical Acceptance Process satisfactorily, the Seller will without hindrance from the Buyer be entitled to carry out any necessary changes and, as soon as practicable thereafter, resubmit the Aircraft to the Technical Acceptance Process to the extent necessary to demonstrate full compliance with the requirements of the Technical Acceptance Process.

Appears in 1 contract

Samples: A330 200 Freighter Purchase Agreement (Aircastle LTD)

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Prior to Delivery. the Aircraft will undergo a technical acceptance process developed by the Seller (the "Technical Acceptance Process"). Successful completion of the Technical Acceptance Process will demonstrate the satisfactory functioning of the Aircraft and will be deemed to demonstrate compliance with the applicable Specification. Should the Aircraft fail to complete the Technical Acceptance Process satisfactorily, the Seller will without hindrance from the Buyer be entitled to carry out any necessary changes and, as soon as practicable thereafter, resubmit the Aircraft to the Technical Acceptance Process.

Appears in 1 contract

Samples: Family Purchase Agreement (Spirit Airlines, Inc.)

Prior to Delivery. the Aircraft will undergo a technical acceptance process developed by the Seller (the “Technical Acceptance Process”). Successful completion Completion of the Technical Acceptance Process will demonstrate the satisfactory functioning of the Aircraft and will be deemed to demonstrate compliance with the applicable Specification. Should the Aircraft fail to complete the Technical Acceptance Process satisfactorily, the The Seller will without hindrance from the Buyer be entitled to carry out any necessary changes and, as soon as practicable thereafter, resubmit the Aircraft to the such further Technical Acceptance ProcessProcess as is necessary to demonstrate the elimination of any non-compliance.

Appears in 1 contract

Samples: Letter Agreement (United Airlines, Inc.)

Prior to Delivery. the Aircraft will undergo a technical acceptance process developed by the Seller Seller, [AS AGREED BY THE PARTIES] (the “Technical Acceptance Process”"TECHNICAL ACCEPTANCE PROCESS"). Successful completion Completion of the Technical Acceptance Process will demonstrate the satisfactory functioning of the Aircraft and will be deemed to demonstrate compliance with the applicable Specification. Should it be established that the Aircraft fail fails to complete the Technical Acceptance Process satisfactorily, the Seller will without hindrance from the Buyer Buyers be entitled to and will carry out any necessary changes to correct the reason for such failure and, as soon as practicable thereafter, resubmit the Aircraft in order to complete the Technical Acceptance Process.

Appears in 1 contract

Samples: Airbus A350 Purchase Agreement (Us Airways Group Inc)

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