Common use of STORAGE CHARGE Clause in Contracts

STORAGE CHARGE. 8.1 A storage charge equal to [***] per [***] shall be charged by Embraer to Buyer commencing on: 8.1.1 Buyer’s failure to perform inspection or re-inspection of an Aircraft, whichever is later, per the date or time period specified in writing by Embraer, according to Articles 5 and/or 7, as applicable; or 8.1.2 Buyer’s acceptance of an Aircraft when Buyer defaults in the fulfillment of any payment due and in taking title to such Aircraft immediately thereafter; or 8.1.3 Buyer’s failure to remove an Aircraft from Embraer’s facilities after issuance of an export certificate of airworthiness as provided for in Article 6.3 hereof and after title transfer [***]. 8.2 If however, Buyer notifies Embraer in writing [***] in advance of its expected delay in the performance of its obligations set forth in Articles 8.1.1, 8.1.2 and 8.1.3 above, the storage charge shall commence on the [***] after the occurrence of the events set forth in Articles 8.1.1, 8.1.2 or 8.1.3 above, as applicable. 8.3 In the event that an Aircraft Contractual Delivery Date must be extended by Embraer from that which is designated in Article 5, due to Buyer’s failure to perform any action or provide any information contemplated by this Agreement other than the ones specified in the preceding paragraphs, the storage charge shall commence on the [***] after the Contractual Delivery Date relative to such Aircraft. 8.4 Buyer shall pay the storage charge as set forth in Articles 8.1 or 8.3, as applicable, in USD, per each [***] of delay or prorated for any part thereof, within [***] after the presentation of each invoice by Embraer.

Appears in 4 contracts

Samples: Purchase Agreement (Skywest Inc), Purchase Agreement (Skywest Inc), Purchase Agreement (Skywest Inc)

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STORAGE CHARGE. 8.1 A storage charge equal to [***] per [***] per Day shall be charged by Embraer to Buyer commencing on: 8.1.1 Buyer’s failure to perform inspection or re-inspection of an Aircraft, whichever is later, per the date or time period specified in writing by Embraer, according to Articles 5 and/or 7, as applicable; or 8.1.2 Buyer’s acceptance of an Aircraft when Buyer defaults in the fulfillment of any payment due and in taking title to such Aircraft immediately thereafter; or 8.1.3 Buyer’s failure to remove an Aircraft from Embraer’s facilities after issuance of an export certificate of airworthiness as provided for in Article 6.3 hereof and two (2) Working Days after title transfer [***]has occurred. 8.2 If however, Buyer notifies Embraer in writing [***] ten (10) Days in advance of its expected delay in the performance of its obligations set forth in Articles 8.1.1, 8.1.2 and 8.1.3 above, the storage charge shall commence on the [***] fifteenth (15th) Day after the occurrence of the events set forth in Articles 8.1.1, 8.1.2 or 8.1.3 above, as applicable. [*****] Confidential material redacted and filed separately with the Securities and Exchange Commission. 8.3 In the event that an Aircraft Contractual Delivery Date must be extended by Embraer from that which is designated in Article 5, due to Buyer’s failure to perform any action or provide any information contemplated by this Agreement other than the ones specified in the preceding paragraphs, the storage charge shall commence on the [***] fifteenth (15th) Day after the Contractual Delivery Date relative to such Aircraft. 8.4 Buyer shall pay the storage charge as set forth in Articles 8.1 8.1. or 8.3., as applicable, in USD, per each [***] month of delay or prorated for any part thereof, within [***] fifteen (15) Business Days after the presentation of each invoice by Embraer.

Appears in 2 contracts

Samples: Purchase Agreement (Azul Sa), Purchase Agreement (Azul Sa)

STORAGE CHARGE. 8.1 A storage charge equal to [***] per [***] per Day shall be charged by Embraer to Buyer commencing on: 8.1.1 Buyer’s failure to perform inspection or re-inspection of an Aircraft, whichever is later, per the date or time period specified in writing by Embraer, according to Articles 5 and/or 7, as applicable; or 8.1.2 Buyer’s acceptance of an Aircraft when Buyer defaults in the fulfillment of any payment due and in taking title to such Aircraft immediately thereafter; or 8.1.3 Buyer’s failure to remove an Aircraft from Embraer’s facilities after issuance of an export certificate of airworthiness as provided for in Article 6.3 hereof and after title transfer [***]**] facilities [*****] after title transfer has occurred. 8.2 If however, Buyer notifies Embraer in writing [*****] in advance of its expected delay in the performance of its obligations set forth in Articles 8.1.1, 8.1.2 and 8.1.3 above, the storage charge shall commence on the [*****] after the occurrence of the events set forth in Articles 8.1.1, 8.1.2 or 8.1.3 above, as applicable. [*****] Confidential material redacted and filed separately with the Securities and Exchange Commission. 8.3 In the event that an Aircraft Contractual Delivery Date must be extended by Embraer from that which is designated in Article 5, due to Buyer’s failure to perform any action or provide any information contemplated by this Agreement other than the ones specified in the preceding paragraphs, the storage charge shall commence on the [*****] after the Contractual Delivery Date relative to such Aircraft. 8.4 Buyer shall pay the storage charge as set forth in Articles 8.1 8.1. or 8.3., as applicable, in USD, per each [***] month of delay or prorated for any part thereof, within [*****] after the presentation of each invoice by Embraer.

Appears in 1 contract

Samples: Purchase Agreement (Azul Sa)

STORAGE CHARGE. 8.1 A storage charge equal to [***] per [***] day shall be charged by Embraer to Buyer commencing on: 8.1.1 Buyer’s 's failure to perform inspection Inspection or re-inspection Reinspection of an Aircraft, whichever is later, per the date or time period specified in writing by Embraer, according to Articles 5 and/or 7, as applicable; orArticle 7 until such Inspection or Reinspection is performed. 8.1.2 Buyer’s acceptance of an Aircraft when Buyer defaults in the fulfillment of any payment due and 's default in taking title to such Aircraft immediately thereafter; orwhen required and making the payment then due, until such payment is made. 8.1.3 Buyer’s 's failure within [*] after title transfer to remove an Aircraft from Embraer’s facilities after issuance of an export certificate of airworthiness 's facilities. Storage charges shall end as provided for above or, if earlier on i) Buyer's and Embraer's agreement to end such storage charge, ii) removal of the relevant Aircraft from Embraer's facilities or iii) in the event this Agreement with respect to such Aircraft is terminated in accordance with Article 6.3 hereof and after title transfer [***]. 8.2 21.3. If however, Buyer notifies Embraer in writing [***] days in advance of its expected delay in the performance of its obligations set forth in Articles 8.1.1, 8.1.2 and 8.1.3 abovethis Article 8, the storage charge shall commence on the [***] day after the occurrence of the events set forth in Articles 8.1.1, 8.1.2 or 8.1.3 above, as applicablethis Article 8.1. 8.3 8.2 In the event that an Aircraft Aircraft's Contractual Delivery Date must be extended by Embraer from that which is designated in pursuant to Article 5, due to Buyer’s 's failure to perform any action or provide any information contemplated required to be performed or provided by Buyer by this Agreement other than the ones specified in the preceding paragraphsitems, and the Aircraft otherwise was to be delivered on the Contractual Delivery Date, the storage charge shall commence on the [***] day after the Contractual Delivery Date relative to such Aircraft. 8.4 8.3 Buyer shall pay the storage charge as set forth in Articles Article 8.1 or 8.3and 8.2, as applicable, in USD, per each [***] month of delay or prorated for any part thereof, within [***] after the presentation of each invoice by Embraer.

Appears in 1 contract

Samples: Purchase Agreement (Republic Airways Holdings Inc)

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STORAGE CHARGE. 8.1 A storage charge equal to [***] per [***] day shall be charged by Embraer to Buyer commencing on: 8.1.1 Buyer’s 's failure to perform inspection Inspection or re-inspection Reinspection of an Aircraft, whichever is later, per the date or time period specified in writing by Embraer, according to Articles 5 and/or 7, as applicable; orArticle 7 until such Inspection or Reinspection is performed. 8.1.2 Buyer’s acceptance of an Aircraft when Buyer defaults in the fulfillment of any payment due and 's default in taking title to such Aircraft immediately thereafter; orwhen required and making the payment then due, until such payment is made. 8.1.3 Buyer’s 's failure within [*] after title transfer to remove an Aircraft from Embraer’s facilities after issuance of an export certificate of airworthiness 's facilities. Storage charges shall end as provided for above or, if earlier on i) Buyer's and Embraer's agreement to end such storage charge, ii) removal of the relevant Aircraft from Embraer's facilities or iii) in the event this Agreement with respect to such Aircraft is terminated in accordance with Article 6.3 hereof and after title transfer [***]. 8.2 21.3. If however, Buyer notifies Embraer in writing [***] in advance of its expected delay in the performance of its obligations set forth in Articles 8.1.1, 8.1.2 and 8.1.3 abovethis Article 8, the storage charge shall commence on the [***] after the occurrence of the events set forth in Articles 8.1.1, 8.1.2 or 8.1.3 above, as applicablethis Article 8.1. 8.3 8.2 In the event that an Aircraft Aircraft's Contractual Delivery Date must be extended by Embraer from that which is designated in pursuant to Article 5, due to Buyer’s 's failure to perform any action or provide any information contemplated required to be performed or provided by Buyer by this Agreement other than the ones specified in the preceding paragraphsitems, and the Aircraft otherwise was to be delivered on the Contractual Delivery Date, the storage charge shall commence on the [***] day after the Contractual Delivery Date relative to such Aircraft. 8.4 8.3 Buyer shall pay the storage charge as set forth in Articles Article 8.1 or 8.3and 8.2, as applicable, in USD, per each [***] month of delay or prorated for any part thereof, within [***] after the presentation of each invoice by Embraer.

Appears in 1 contract

Samples: Purchase Agreement (Republic Airways Holdings Inc)

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