Common use of Re-negotiation Clause in Contracts

Re-negotiation. If, as a result of Non-Excusable Delay, Delivery does not occur in the period falling [***] after the Delivery Period, the Buyer shall have the right exercisable by written notice to the Seller given not less than [***] nor more than [***] after the expiration of the [***] falling after the Delivery Period to require from the Seller a re-negotiation of the Scheduled Delivery Month for the affected Aircraft. Unless otherwise agreed between the Seller and the Buyer during such re-negotiation, the said re-negotiation shall not prejudice the Buyer’s right to [***] in accordance with Clause 11.1 during the period of Non-Excusable Delay.

Appears in 2 contracts

Samples: Purchase Agreement (Latam Airlines Group S.A.), A350 XWB Purchase Agreement (Latam Airlines Group S.A.)

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Re-negotiation. If, as a result of Non-Excusable Delay, Delivery does not occur in the period falling [*****] after the Delivery Period, the Buyer shall have the right exercisable by written notice to the Seller given not less than [*****] nor more than [*****] after the expiration of the [*****] falling after the Delivery Period to require from the Seller a re-negotiation of the Scheduled Delivery Month for the affected Aircraft. Unless otherwise agreed between the Seller and the Buyer during such re-negotiation, the said re-negotiation shall not prejudice the Buyer’s right to receive [*****] in accordance with Clause 11.1 during the period of Non-Excusable Delay.

Appears in 1 contract

Samples: A320 Neo Purchase Agreement (Azul Sa)

Re-negotiation. If, as a result of Non-Excusable Delay, Delivery does not occur in the period falling [***] ]after the Delivery Period, the Buyer shall have the right exercisable by written notice to the Seller given not less than [***] nor more than [***] after the expiration of the [***] falling after the Delivery Period to require from the Seller a re-negotiation of the Scheduled Delivery Month for the affected Aircraft. Unless otherwise agreed between the Seller and the Buyer during such re-negotiation, the said re-negotiation shall not prejudice the Buyer’s right to [***] receive liquidated damages in accordance with Clause 11.1 during the period of Non-Excusable Delay.

Appears in 1 contract

Samples: A350 Purchase Agreement (China Southern Airlines Co LTD)

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Re-negotiation. If, as a result of Non-Excusable Delay, Delivery does not occur in the period falling [***] ** after the Delivery Period, the Buyer shall have the right exercisable by written notice to the Seller given not less than [***] nor more than [***] after the expiration of the [***] falling after the Delivery Period * to require from the Seller a re-negotiation of the Scheduled Delivery Month for the affected Aircraft. Unless otherwise agreed between the Seller and the Buyer during such re-negotiationrenegotiation, the said re-negotiation shall not prejudice the Buyer’s right to [***] receive liquidated damages in accordance with Clause 11.1 during the period of Non-Excusable Delay.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Frontier Group Holdings, Inc.)

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