Requests and Approvals. In the event that the Buyer files a Request for Change ("RFC") with the Seller and the RFC does not subsequently become an SCN for any reason, such RFC will be cancelled without charge to the Buyer. Upon receipt of any request for a proposed change, the Seller will consider such request in good faith and will respond within ten (10) Working Days with (i) if possible, all appropriate information, including, a written estimated range of the cost thereof, the impact on the delivery dates of the applicable Aircraft and any certification requirements, or (ii) if (i) is not possible, with a date when the Seller will provide the Buyer with the information in (i). In the event that the Buyer requests the Seller in writing to incorporate a proposed change (excluding Development Changes) in an Aircraft and the Seller agrees to such request and incorporates such change, but the change is not subsequently made the subject of an SCN for any reason (other than the Seller's unreasonable refusal to sign the SCN or otherwise acting in bad faith), the Buyer will pay to the Seller the actual direct cost of design and other work resulting from such request and incurred by the Seller ***. In the event that the Buyer requests the Seller in writing to proceed with a proposed change before any requisite approval of DGAC and FAA has been obtained and subsequently such DGAC or FAA approval is not obtained, any SCN which will have been executed in connection with such proposed change will be deemed canceled. ***
Appears in 2 contracts
Samples: Letter Agreement (Us Airways Inc), Letter Agreement (Us Airways Inc)
Requests and Approvals. In the event that the Buyer files a Request for Change ("RFC") with the Seller and the RFC does not subsequently become an SCN for any reason, such RFC will be cancelled without charge to the Buyer. Upon receipt of any request for a proposed change, the Seller will consider such request in good faith and will respond within ten (10) Working Days with (i) if possible, all appropriate information, including, a written estimated range of the cost thereof, the impact on the delivery dates of the applicable Aircraft and any certification requirements, or (ii) if (i) is not possible, with a date when the Seller will provide the Buyer with the information in (i). In the event that the Buyer requests the Seller in writing to incorporate a proposed change (excluding Development Changes) in an Aircraft and the Seller agrees to such request and incorporates such change, but the change is not subsequently made the subject of an SCN for any reason (other than the Seller's unreasonable refusal to sign the SCN or otherwise acting in bad faith), the Buyer will pay to the Seller the actual direct cost of design and other work resulting from such request and incurred by the Seller ***. In the event that the Buyer requests the Seller in writing to proceed with a proposed change before any requisite approval of DGAC the LBA, for A319 Aircraft and A321 Aircraft, DGAC, for A320 Aircraft, and FAA has been obtained and subsequently such LBA, DGAC or FAA approval is not obtained, any SCN which will have been executed in connection with such proposed change will be deemed canceledcancelled. ***
Appears in 2 contracts
Samples: Letter Agreement (Us Airways Inc), Letter Agreement (Us Airways Inc)
Requests and Approvals. In the event that the Buyer files a Request for Change ("RFC") with the Seller and the RFC does not subsequently become an SCN for any reason, such RFC will be cancelled without charge to the Buyer. Upon receipt of any request for a proposed change, the Seller will consider such request in good faith and will respond within ten (10) Working Days with (i) if possible, all appropriate information, including, a written estimated range of the cost thereof, the impact on the delivery dates of the applicable Aircraft and any certification requirements, or (ii) if (i) is not possible, with a date when the Seller will provide the Buyer with the information in (i). In the event that the Buyer requests the Seller in writing to incorporate a proposed change (excluding Development Changes) in an Aircraft and the Seller agrees to such request and incorporates such change, but the change is not subsequently made the subject of an SCN for any reason (other than the Seller's unreasonable refusal to sign the SCN or otherwise acting in bad faith), the Buyer will pay to the Seller the actual direct reasonable cost of design and other work directly resulting from such request and incurred by the Seller, and such costs shall be further limited to the work specifically undertaken by the Seller ***directly in connection with such RFC. In the event that the Buyer requests the Seller in writing to proceed with a proposed change before any requisite approval of DGAC and FAA the relevant Airworthiness Authority has been obtained and subsequently such DGAC or FAA Airworthiness Authority approval is not obtained, any SCN which will have been executed in connection with such proposed change will be deemed canceled. ***cancelled.
Appears in 1 contract
Samples: Letter Agreement (Cit Group Inc)
Requests and Approvals. In the event that the Buyer files a Request for Change ("RFC") with the Seller and the RFC does not subsequently become an SCN for any reason, such RFC will be cancelled without charge to the Buyer. Upon receipt of any request for a proposed change, the Seller will consider such request in good faith and will respond within ten (10) Working Days with (i) if possible, all appropriate information, including, a written estimated range of the cost thereof, the impact on the delivery dates of the applicable Aircraft and any certification requirements, or (ii) if (i) is not possible, with a date when the Seller will provide the Buyer with the information in (i). In the event that the Buyer requests the Seller in writing to incorporate a proposed change (excluding Development Changes) in an Aircraft and the Seller agrees to such request and incorporates such change, but the change is not subsequently made the subject of an SCN for any reason (other than the Seller's unreasonable refusal to sign the SCN or otherwise acting in bad faith), the Buyer will pay to the Seller the actual direct reasonable cost of design and other work directly resulting from such request and incurred by the Seller, and such costs shall be further limited to the work specifically C.I.T. Leasing Corporation A320 NEO Family Purchase Agreement July 2011 undertaken by the Seller ***directly in connection with such RFC. In the event that the Buyer requests the Seller in writing to proceed with a proposed change before any requisite approval of DGAC and FAA the relevant Airworthiness Authority has been obtained and subsequently such DGAC or FAA Airworthiness Authority approval is not obtained, any SCN which will have been executed in connection with such proposed change will be deemed canceled. ***cancelled.
Appears in 1 contract
Samples: Letter Agreement (Cit Group Inc)
Requests and Approvals. In the event that the Buyer files a Request for Change ("RFC") with the Seller and the RFC does not subsequently become an SCN for any reason, such RFC will be cancelled without charge to the Buyer. Upon receipt of any request for a proposed change, the Seller will consider such request in good faith and will respond within ten (10) Working Days with (i) if possible, all appropriate information, including, a written estimated range of the cost thereof, the impact on the delivery dates of the applicable Aircraft and any certification requirements, or (ii) if (i) is not possible, with a date when the Seller will provide the Buyer with the information in (i). In the event that the Buyer requests the Seller in writing to incorporate a proposed change (excluding Development Changes) in an Aircraft and the Seller agrees to such request and incorporates properly initiates or performs work related to such change, but the change is not subsequently made the subject of an SCN for any reason (other than (i) the Seller's unreasonable refusal to sign the SCN or otherwise acting in bad faithfaith or (ii) the Buyer's good faith refusal to sign the SCN due to the cost or lead time thereof, provided such refusal is due to the actual or estimated cost or lead time not having been provided to the Buyer at an earlier date and not having been accepted in writing by the Buyer), the Buyer will pay to the Seller the actual direct full cost of design and other work resulting from such request and incurred by the Seller ***Seller, at the Seller's then existing labor and materials cost. In the event that the Buyer requests the Seller in writing to proceed with a proposed change and such change has been initiated before any requisite approval of such change of the DGAC and FAA has been obtained and subsequently such DGAC or FAA approval is not obtained, any SCN which will have been executed in connection with such proposed change will be deemed canceled. ***cancelled at the Buyer's cost.
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