Special Flight Tests. Flight test work required for prototyping, functional checkout, or qualification of any additional equipment contracted may be performed by Sikorsky on the Baseline Helicopter and the Custom Helicopter prior to title transfer thereto or final delivery thereof, respectively, to the Customer. The delivery of the Baseline Helicopter or the Custom Helicopter may be delayed to the extent necessary to accomplish the flight test work objectives without any liability on the part of Sikorsky for any such delay. In the event the Baseline Helicopter or Custom Helicopter is destroyed during the period of such flight tests, such destruction arising from any cause whatsoever, Sikorsky shall use commercially reasonable efforts to furnish a substitute Baseline Helicopter or Custom Helicopter, and if Sikorsky is unable to furnish a substitute Baseline Helicopter or Custom Helicopter it shall then be relieved of all obligations with respect to the delivery of such Baseline Helicopter or Custom Helicopter so destroyed, except that Sikorsky or Sikorsky’s insurance company shall promptly refund to Customer all amounts theretofore paid by Customer with respect to the purchase price thereof.
Special Flight Tests. Flight test work required for prototyping, functional checkout, or qualification of any additional equipment contracted may be performed by Sikorsky on the Helicopter and the Custom Helicopter prior to title transfer thereto or final delivery thereof, respectively, to the Customer. The delivery of the Helicopter or the Custom Helicopter may be delayed to the extent necessary to accomplish the flight test work objectives without any liability on the part of Sikorsky for any such delay. In the event the Helicopter or Custom Helicopter is destroyed during the period of such flight tests, such destruction arising from any cause whatsoever, Sikorsky shall at Customer’s option, provide Customer with a substitute new S-92 Helicopter in the next available delivery position under the same terms and conditions of this Agreement, however, should the next available delivery position extend beyond twelve (12) months after the Scheduled Presentation Date Helicopter, the Helicopter and the Completion Services may be subject to a price adjustment, or Sikorsky or the insurance company shall promptly refund to Customer all amounts theretofore paid by Customer with respect to the purchase price thereof and this Agreement shall automatically terminate upon payment thereof.
Special Flight Tests. Flight test work required for prototyping, functional checkout, or qualification of any additional equipment contracted may be performed by the Sikorsky Aircraft Corporation on the Helicopter prior to acceptance of completed Utility Helicopter thereto to the Buyer. The delivery of the Utility Helicopter may be delayed to the extent necessary to accomplish the flight test work objectives without any liability on the part of Sikorsky for any such delay. In the event the Utility Helicopter is destroyed during the period of such flight tests, such destruction arising from any cause whatsoever, Sikorsky shall be under no obligation to furnish a substitute Utility Helicopter but shall rather be relieved of all obligations with respect to the delivery of such Utility Helicopter so destroyed, except that Sikorsky shall promptly refund to Buyer all amounts theretofore paid by Buyer with respect to the purchase price thereof.
Special Flight Tests. Flight test work required for prototyping, functional checkout, or qualification of any additional equipment contracted may be performed by Sikorsky on the Helicopter and the Offshore Oil Helicopter prior to title transfer thereto or final delivery thereof, respectively, to the Customer. The delivery of the Helicopter or the Offshore Oil Helicopter may be delayed to the extent necessary to accomplish the flight test work objectives without any liability on the part of Sikorsky for any such delay. In the event the Helicopter or Offshore Oil Helicopter is destroyed during the period of such flight tests, such destruction arising from any cause whatsoever, Sikorsky shall, at Customer’s option, provide Customer with a substitute new S-92 Helicopter in the next available delivery position under the same terms and conditions of this Agreement, however, should the next available delivery position extend beyond twelve (12) months after the Scheduled Presentation Date Helicopter, the Helicopter and the Completion Services may be subject to price adjustment, or Sikorsky or the insurance company shall promptly refund to Customer all amounts theretofore paid by Customer with respect to the purchase price thereof.
