Common use of Specification Changes Before Delivery Clause in Contracts

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. 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.. *** Confidential Treatment Requested 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 […***…]The cost of implementing the required modifications referred to in Clause 7.3.1 will be: (i) for the account of the Seller if a Change in Law became effective before the date of this Agreement, and (ii) shared equally by the Seller and the Buyer if Change in Law becomes effective after the date of this Agreement but before the Aircraft is Ready for Delivery. 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 unitsaccessories, 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. 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 EAS that requires any change to the Specification for the purposes of obtaining the Export Certificate of Airworthiness (a “Change in Law”), the Seller shall will make the required modification and the parties hereto shall will sign an SCN. 7.3.2 The Seller shall will 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 […***…]The cost of implementing the required modifications referred to in Clause 7.3.1 above will be: (i) for the account of the Seller if a Change in Law became effective before the date of this Agreement, and (ii) shared equally by the Seller and the Buyer if Change in Law becomes effective after the date of this Agreement but before the Aircraft is Ready for Delivery. 7.3.4 Notwithstanding the provisions of Clause 7.3.3Clauses 7.3.3 (i) and (ii), if a Change in Law relates to an item of BFE or to the Propulsion Systems (including and, in particular, to engine accessories or quick engine change unitsaccessories, which quick engine change units for the avoidance of doubt do not include nacelles or thrust reversers) the costs related thereto shall 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 shall will have no obligation with respect thereto.