SUBJECT TO RESTRICTIONS ON THE FIRST PAGE. The CFM Designated Repair Station shall be any CFM overhaul facility designated by CFM and listed in Exhibit H and approved by AVIANCATACA as specified above. In the event the CFM Designated Repair Station loses its applicable AAA certifications to perform Services, CFM will direct such DRS to cease work immediately on all AVIANCATACA Equipment until such certification is restored. CFM may designate an alternate CFM Designated Repair Station and transport the Equipment to such alternate DRS at no cost and expense to AVIANCATACA. AVIANCATACA shall maintain approvals and qualifications at both GE Engine Services and Snecma facilities. Should CFM change the DRS, AVIANCATACA’s obligations under this Agreement, including transportation expenses, will be no greater than if such Services were performed at the original DRS.
SUBJECT TO RESTRICTIONS ON THE FIRST PAGE. If a removed Engine has undergone at least one (1) Performance Restoration Shop Visit for Covered Services, no penalties nor reconciliation will apply. CFM will retain the Popular Rate xxxxxxxx through the date of removal.
SUBJECT TO RESTRICTIONS ON THE FIRST PAGE. Counterparts: This Service Agreement may be signed by the Parties in separate counterparts, and any single counterpart or set of counterparts, when signed and delivered to the other Parties shall together constitute one and the same document and be an original Service Agreement for all purposes.
SUBJECT TO RESTRICTIONS ON THE FIRST PAGE. “Service Agreement” - This Service Agreement, as the same may be amended or supplemented from time to time, including all its Exhibits.
SUBJECT TO RESTRICTIONS ON THE FIRST PAGE delay in or failure of performance hereunder due to causes beyond its reasonable control. Such causes will be conclusively deemed to include, but not be limited to acts of God, fire, terrorism, war (declared or undeclared), severe weather conditions, earthquakes, epidemics, material shortages not caused by any CFM act or failure to act, insurrection, acts or omissions of the other Party, any act or omission by any governmental authority, strikes, labor disputes, acts or threats of vandalism or terrorism (including disruption of technology resources), or transportation shortages (each an “Excusable Delay”). The time of performance shall be extended for a period equal to the time lost by reason of delay, including time to overcome the effect of the delay, without discriminating against the non-delayed Party.
SUBJECT TO RESTRICTIONS ON THE FIRST PAGE next business day following receipt, if sent by facsimile with a receipt of confirmation; or (C) on the fifth (5th) business day after posting (or on actual receipt, if earlier) in the case of a letter sent prepaid first class mail. Whenever the words “notice” or “notify” or similar words are used herein, they mean the provision of formal notice as described in this Article 9. Whenever words such as “advise”. “
SUBJECT TO RESTRICTIONS ON THE FIRST PAGE. Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.
SUBJECT TO RESTRICTIONS ON THE FIRST PAGE. Maintenance or repair of Engine transportation stands and container. Supplemental Services will be charged in accordance with Article 7.2. Customer shall have the right to approve any Supplemental Services, such approval to not be unreasonably delayed, in writing prior to commencement of work.
SUBJECT TO RESTRICTIONS ON THE FIRST PAGE. Conditions and Limitation of Liability This Services Warranty is applicable only if: the Engine, following Redelivery, (a) has been transported, stored, installed, operated, handled, maintained and repaired in accordance with the then-current CFM recommendations as stated in AMM or CFM manuals, Airworthiness Directives, Service Bulletins or other relevant written instructions; (b) has not been altered, modified or repaired by anyone other than the CFM Designated Repair Station; and (c) has not been subjected to accident, misuse, abuse or neglect. Any warranty for Engines or parts, LRU’s, components and material thereof, including the design, material or engineering defects of a manufacturer, will be the warranty, if any, of the manufacturer of such Engines or parts, LRU’s, components or material thereof. The foregoing will constitute the sole remedy of Customer and the sole liability of CFM for defective workmanship relative to the Engines. The liability of CFM connected with or resulting from the Services warranty shall not in any event exceed the cost of correcting the defect as provided above, and, upon the expiration of the shortest period described therein, all such liability will terminate. In no event shall CFM be liable for any special, expectation, consequential, incidental, resultant, indirect, punitive or exemplary damages (including loss of use, loss of profit or loss of revenue in connection with the Engines).
SUBJECT TO RESTRICTIONS ON THE FIRST PAGE. Service Agreement, or (2) to the use of any material or process furnished under the Service Agreement in conjunction with any other apparatus, article, material or process. As to any material or process or use described in the preceding sentence, CFM assumes no liability whatsoever for patent or copyright infringement, and Customer shall, in the same manner as CFM is obligated to Customer above, indemnify, defend and hold CFM harmless from and against any claim or liability, including costs and expense in defending any such claim or liability in respect thereto.
