Specification Changes Before Delivery. If, pursuant to the promulgation, adoption, issuance, change or interpretation of any applicable law or regulation, any change in the Specifications has to be made before delivery of any Aircraft to enable ***. For each such change, the parties will sign an SCN specifying the effect, if any, of such change on design, performance, weight, balance, time of delivery, Buyer Furnished Equipment and price of each Aircraft affected thereby and interchangeability or replaceability of parts. If the Seller anticipates that the scheduled delivery of any Aircraft will be postponed by reason of such change, the delivery date of such Aircraft as provided in Subclause 9.1 will be extended to the extent required by reason of such change, ***. The Seller will use all reasonable efforts to ensure that each Aircraft that is the subject of such postponement is "ready for delivery" without discrimination against the Aircraft. *** The cost of the changes applicable to Propulsion Systems, will be borne by the Buyer or the manufacturer thereof in accordance with such arrangements as may be made separately between the Buyer and the manufacturer of the Propulsion Systems.
Specification Changes Before Delivery. 7.3.1 If, any time before the date on which the Aircraft is Ready for Delivery, any law, rule or regulation is enacted, promulgated, becomes effective and/or an interpretation of any law, rule or regulation is issued by the EASA or the FAA that requires any change to the Specification for the purposes of obtaining the Export Certificate of Airworthiness (a “Change in Law”), the Seller shall make the required modification and the parties hereto shall sign an SCN.
7.3.2 The Seller shall as far as practicable, but at its sole discretion and without prejudice to Clause 7.3.3 (ii), take into account the information available to it concerning any proposed law, rule or regulation or interpretation that could become a Change in Law, in order to minimize the costs of changes to the Specification as a result of such proposed law, regulation or interpretation becoming effective before the applicable Aircraft is Ready for Delivery. 20130318_CT1242023_PA_A321neo_HAL Page 27 of 109 *** Confidential Treatment Requested
7.3.3 […***…]
7.3.4 Notwithstanding the provisions of Clause 7.3.3, if a Change in Law relates to an item of BFE or to the Propulsion Systems (including engine accessories or quick engine change units, which quick engine change units for the avoidance of doubt do not include nacelles or thrust reversers) the costs related thereto shall be borne in accordance with such arrangements as may be made separately between the Buyer and the manufacturer of the BFE or the Propulsion Systems, as applicable, and the Seller shall have no obligation with respect thereto.
Specification Changes Before Delivery. If, pursuant to the promulgation of any applicable law or regulation, any change in the Specification has to be made before delivery of any Aircraft to enable Northwest to obtain a Standard Airworthiness Certificate for such Aircraft referred to in Subclause 2.3, AVSA will make or cause to be made the required change or modification to the Aircraft. For each such change, the parties will sign an SCN specifying the effect, if any, of such change on design, performance, weight, balance, time of delivery, and Buyer Furnished Equipment of each Aircraft affected thereby and interchangeability or replaceability of parts. If AVSA anticipates that the scheduled delivery of any Aircraft will be postponed by reason of such change, the delivery date of such Aircraft as provided in Subclause 9.1 will be extended to the extent of such postponement. The effect on price of such a change will be borne ***.
Specification Changes Before Delivery. If, pursuant to the promulgation of any applicable law or regulation, any change in the Specification has to be made before Delivery of any Aircraft to enable the Buyer to obtain for such Aircraft the standard Airworthiness Certificate referred to in sub-Clause 2.6 or 2.7 (as the case may be) hereof, the Seller will make the required change or modification to the Aircraft. For each such change, the parties will sign an MSCN or an SCN specifying the effect, if any, of such change on design, performance, weight, balance, time of Delivery, Buyer Furnished Equipment and price of each Aircraft affected thereby and interchangeability or replaceability of parts. If the Seller anticipates that the Scheduled Delivery of any Aircraft will be postponed by reason of such change, the Delivery Date of such Aircraft as provided in sub-Clause 9.1 will be extended to the extent of such postponement. The effect on price of such a change will be borne: ***
Specification Changes Before Delivery. 7.3.1 If, any time before the date on which the Aircraft is Ready for Delivery, any law, rule or regulation is enacted, promulgated, becomes effective and/or an interpretation of any law, rule or regulation is issued by the EASA that requires any change to the Specification for the purposes of obtaining the Export Certificate of Airworthiness (a “Change in Law”), the Seller will make the required modification and the parties hereto will sign an SCN.
7.3.2 The Seller will as far as practicable, but at its sole discretion, take into account the information available to it concerning any proposed law, rule or regulation or interpretation that could become a Change in Law, in order to minimize the costs of changes to the Specification as a result of such proposed law, regulation or interpretation becoming effective. Spirit Airlines - A320 FAMILY – PA 21
7.3.4 Notwithstanding the provisions of Clauses 7.3.3 (i).and (ii), if a Change in Law relates to an item of BFE or to the Propulsion Systems (and, in particular, to engine accessories, quick engine change units or thrust reversers) the costs will be borne in accordance with such arrangements as may be made separately between the Buyer and the manufacturer of the BFE or the Propulsion Systems, as applicable, and the Seller will have no obligation with respect thereto.
Specification Changes Before Delivery. 7.3.1 If, any time before the date on which the Aircraft is Ready for Delivery, any law, rule or regulation is enacted, promulgated, becomes effective and/or an interpretation of any law, rule or regulation issued by the EASA and/or the FAA that requires any change to the Specification, to the Technical Publications or to the Aircraft delivery documentation for the purposes of obtaining the Export Certificate of Airworthiness for such Aircraft (a “Change in Law”), the Seller will make the required modification. The Parties will sign an SCN. If such Change in Law is a result of [***].”
7.3.2 The Seller will as far as reasonably practicable, without prejudice to Clause 7.3.3, take into account the information available to it concerning any proposed law, rule or regulation or interpretation that could become a Change in Law, in order to minimize the costs of changes to the Specification as a result of such proposed law, regulation or interpretation becoming effective before the applicable Aircraft is Ready for Delivery.
7.3.3 The cost of implementing the modifications required pursuant to a Change in Law [***] will be:
(i) for the account of the Seller if a Change in Law became effective before the date of this Agreement;
(ii) [***];
(iii) [***];
(iv) [***].
7.3.4 Notwithstanding the provisions of Clauses 7.3.3, if a Change in Law relates to an item of BFE or to the Propulsion Systems, the costs will be borne in accordance with such arrangements as may be made separately between the Buyer and the manufacturer of the BFE, or the Propulsion Systems, as applicable, and the Seller will have no obligation with respect thereto. The cost of implementing any changes applicable to the Buyer in order to permit the Buyer to operate the Aircraft under Part 121 of the FARs are for the account of the Buyer.
Specification Changes Before Delivery. 7.3.1 If, any time before the date on which the Aircraft is Ready for Delivery, any law, rule or regulation is enacted, promulgated, becomes effective and/or an interpretation of any law, rule or regulation is issued by the EASA that requires any change to the Specification for the purposes of obtaining the Export Certificate of Airworthiness (a "Change in Law"), the Seller will make the required modification and the parties hereto will sign an SCN.
7.3.2 The Seller will as far as practicable, but at its sole discretion, take into account the information available to it concerning any proposed law, rule or regulation or interpretation that could become a Change in Law, in order to minimize the costs of changes to the Specification as a result of such proposed law, regulation or interpretation becoming effective. Spirit Airlines - A320 FAMILY - PA 21 7.3.3 *****
Specification Changes Before Delivery. If, any time before the date on which the Aircraft is Ready for Delivery, any law, rule or regulation is enacted, promulgated, becomes effective and/or an interpretation of any law, rule or regulation is issued by the EASA that requires any change to the Specification for the purposes of obtaining the Export Certificate of Airworthiness (a "Change in Law"), the Seller will make the required modification and the parties hereto will sign an SCN. Spirit Airlines - A320 Family Aircraft LA11-3
Specification Changes Before Delivery. If, pursuant to the promulgation of any applicable law or regulation, any change in the Specification has to be made before delivery of any Aircraft to enable the Buyer to obtain a Standard Airworthiness Certificate for such Aircraft referred to in Subclause 2.3, the Seller shall make the required change or modification to the Aircraft. For each such change, the parties shall sign an SCN specifying the effect, if any, of such change on design, performance, weight, balance, time of delivery, Buyer Furnished Equipment and price of each Aircraft affected thereby and interchangeability or replaceability of parts. If the Seller anticipates that the scheduled delivery of any Aircraft will be postponed by reason of such change, the delivery date of such Aircraft as provided in Subclause 9.1 shall be extended to the extent of such postponement, as set forth in the SCN covering such change. The effect on price of such a change shall be borne by the Seller, when such law or regulation is to be complied with before delivery of each relevant Aircraft; except for changes applicable to Propulsion Systems, which will be borne by the party responsible therefor (excluding in all events the Seller) in accordance with such arrangements as may be made separately between the Buyer and the manufacturer of the Propulsion Systems.
Specification Changes Before Delivery. 7.3.1 If, pursuant to the promulgation of any applicable law or regulation, any change in the Specification has to be made prior to Delivery of any Aircraft in order to enable the Seller to obtain the Certificate of Airworthiness for Export for such Aircraft referred to in Sub-clause 7.2 [ * ] (a "Change in Law"), the Seller will make the required change or modification to the Aircraft. For each such change, the parties will sign an SCN specifying the effect, * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. if any, of such change on design, performance, weight, balance, time of Delivery, shear and running loads, if applicable, Buyer Furnished Equipment, price of each Aircraft affected thereby and interchangeability or replaceability of parts. If the Delivery of any Aircraft is delayed by reason of such change, the Delivery Date of such Aircraft as provided in Sub-clause 9.1 will be extended to the extent of such delay.
7.3.2.1 The cost of implementing the modifications referred to in Sub-clause 7.3.1 above will be [ * ]
