Common use of Supplier’s Default Clause in Contracts

Supplier’s Default. 12.3.2.1 In the event of any Supplier, under any standard warranty obtained by the Seller pursuant to Clause 12.3.1, ***** (ii) the Buyer submitting in reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.1 will apply to the extent (a) the same would have been applicable had such Supplier Part been a Warranted Part, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement will apply. 12.3.2.2 In the event of any Supplier, under any Supplier Service Life Policy obtained by the Seller pursuant to Clause 12.3.1,***** (ii) the Buyer submitting in reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.2 will apply to the extent (a) the same would have been applicable had such Supplier Item been listed in Exhibit F, Seller Service Life Policy, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s Service Life Policy period as indicated in the Supplier Product Support Agreement will apply. 12.3.2.3 At the Seller’s request, the Buyer will assign to the Seller, and the Seller will be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to and arising by reason of such default and will provide reasonable assistance to enable the Seller to enforce the rights so assigned.

Appears in 3 contracts

Samples: Purchase Agreement (Frontier Group Holdings, Inc.), Purchase Agreement (Frontier Group Holdings, Inc.), Purchase Agreement (Frontier Group Holdings, Inc.)

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Supplier’s Default. 12.3.2.1 In the event of any Supplier, under any standard warranty obtained by the Seller and transferred to the Buyer pursuant to Clause 12.3.1the Supplier Product Support Agreement, ***** (ii) defaults in the performance of any material obligation with respect thereto and the Buyer submitting submits in reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.1 will shall apply to the extent (a) the same would have been applicable had such Supplier Part been a Warranted Part, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement will shall apply. 12.3.2.2 In the event of any Supplier, under any Supplier Service Life Policy service life policy obtained by the Seller and transferred to the Buyer pursuant to Clause 12.3.1,***** (ii) the Supplier Product Support Agreement, defaults in the performance of any material obligation with respect thereto and the Buyer submitting submits in reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.2 will shall apply to the extent (a) the same would have been applicable had such Supplier Item been listed in Exhibit F, Seller Service Life Policy, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s Service Life Policy service life policy period as indicated in the Supplier Product Support Agreement will shall apply. 12.3.2.3 At If pursuant to Clause 12.3.2.1 or 12.3.2.2, a defect in a Supplier Part is corrected by the Seller, then at the Seller’s request, the Buyer will shall assign to the Seller, and the Seller will shall be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to and arising by reason of such default and will shall provide reasonable assistance assistance, provided the same is at not more than deminimus out of pocket cost to the Buyer, to enable the Seller to enforce the rights so assigned.. AVA - A320 Family PA AMENDED AND RESTATED

Appears in 3 contracts

Samples: Purchase Agreement (Avianca Holdings S.A.), Purchase Agreement (Avianca Holdings S.A.), Purchase Agreement (Avianca Holdings S.A.)

Supplier’s Default. 12.3.2.1 In the event of any Supplier, under any standard warranty obtained by the Seller pursuant to Clause 12.3.1, ***** (ii) defaulting in the performance of any material obligation with respect thereto and the Buyer submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.1 will shall apply to the extent (a) the same would have been applicable had such Supplier Part been a Warranted Part, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement will shall apply. 12.3.2.2 In the event of any Supplier, under any Supplier Service Life Policy obtained by the Seller pursuant to Clause 12.3.1,***** (ii) , defaulting in the performance of any material obligation with respect thereto and the Buyer submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.2 will shall apply to the extent (a) the same would have been applicable had such Supplier Item been listed in Exhibit F, Seller Service Life Policy, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s Service Life Policy period as indicated in the Supplier Product Support Agreement will shall apply. 12.3.2.3 At the Seller’s request, the Buyer will shall assign to the Seller, and the Seller will shall be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to and arising by reason of such default and will shall provide reasonable assistance to enable the Seller to enforce the rights so assigned.

Appears in 3 contracts

Samples: Purchase Agreement (Avolon Holdings LTD), Purchase Agreement (Avolon Holdings LTD), Purchase Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.)

Supplier’s Default. 12.3.2.1 In If any Supplier under any warranty referred to in Clause 12.3.1 defaults in the event performance of any Suppliermaterial obligation under such warranty with respect to a Supplier Part, under any standard warranty obtained by the Seller pursuant to Clause 12.3.1, ***** (ii) the Buyer submitting in has used its best efforts to enforce its rights under such warranty, and the Buyer submits reasonable time to the Seller evidence, within a reasonable evidence time, that such default has occurred, then Clause 12.1 of this Agreement will apply to the extent (a) the same it would have been applicable applied had such Supplier Part been a Warranted Part, and (b) to the extent the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s warranty period as indicated in the applicable Supplier Product Support Agreement will apply. 12.3.2.2 In If any Supplier under any service life policy referred to in Clause 12.3.1 defaults in the event performance of any Suppliermaterial obligation under such service life policy with respect to a Supplier Part, under any Supplier Service Life Policy obtained by the Seller pursuant to Clause 12.3.1,***** (ii) the Buyer submitting in has used best efforts to enforce its rights under such service life policy, and the Buyer submits within a reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.2 will apply to the extent (a) the same would have been applicable applied had such Supplier Item Part been listed in Exhibit FC, Seller Service Life Policy, and (b) to the extent that the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s Service Life Policy period as indicated in the Supplier Product Support Agreement will applyservice life policy. 12.3.2.3 At the Seller’s request, the Buyer will assign to the Seller, and the Seller will be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to to, and arising by reason of of, such default and the Buyer will provide reasonable assistance to enable the Seller to enforce the rights so assigned.

Appears in 3 contracts

Samples: Airbus A350 XWB Purchase Agreement (Us Airways Inc), Airbus A320 Family Aircraft Purchase Agreement (Us Airways Inc), Purchase Agreement (Us Airways Inc)

Supplier’s Default. 12.3.2.1 In the event of any Supplier, under any standard warranty obtained by the Seller pursuant to Clause 12.3.1, ***** (ii) defaulting in the performance of any material obligation with respect thereto and the Buyer submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.1 will shall apply to the extent (a) the same would have been applicable had such Supplier Part been a Warranted Part, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s 's warranty period as indicated in the Supplier Product Support Agreement will shall apply. 12.3.2.2 In the event of any Supplier, under any Supplier Service Life Policy obtained by the Seller pursuant to Clause 12.3.1,***** (ii) 12.3,1, defaulting in the performance of any material obligation with respect thereto and the Buyer submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.2 will shall apply to the extent (a) the same would have been applicable had such Supplier Item been listed in Exhibit F, Seller Service Life Policy, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s 's Service Life Policy period as indicated in the Supplier Product Support Agreement will shall apply. 12.3.2.3 At the Seller’s 's request, the Buyer will shall assign to the Seller, and the Seller will shall be subrogated to, all of the Buyer’s 's rights against the relevant Supplier with respect to and arising by reason of such default and will shall provide reasonable assistance to enable the Seller to enforce the rights so assigned.. Clause 12 - 11/14

Appears in 2 contracts

Samples: Purchase Agreement (China Eastern Airlines Corp LTD), Purchase Agreement (China Eastern Airlines Corp LTD)

Supplier’s Default. 12.3.2.1 In the event of any Supplier, under any standard warranty obtained by the Seller pursuant to Clause 12.3.1, ***** (ii) defaulting in the performance of any material obligation with respect thereto and the Buyer submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.1 will shall apply to the extent (a) the same would have been applicable had such Supplier Part been a Warranted Part, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s 's warranty period as indicated in the Supplier Product Support Agreement will shall apply. 12.3.2.2 In the event of any Supplier, under any Supplier Service Life Policy obtained by the Seller pursuant to Clause 12.3.1,***** (ii) , defaulting in the performance of any material obligation with respect thereto and the Buyer submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.2 will shall apply to the extent (a) the same would have been applicable had such Supplier Item been listed in Exhibit F, Seller Service Life Policy, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s 's Service Life Policy period as indicated in the Supplier Product Support Agreement will shall apply. 12.3.2.3 At the Seller’s 's request, the Buyer will shall assign to the Seller, and the Seller will shall be subrogated to, all of the Buyer’s 's rights against the relevant Supplier with respect to and arising by reason of such default and will shall provide reasonable assistance to enable the Seller to enforce the rights so assigned.. *** This information is subject to confidential treatment and has been omitted and filed separately with the Commission. A319/A320 – CSN – 01/04 CC-C 3370036/02

Appears in 2 contracts

Samples: A319/A320 Purchase Agreement (China Southern Airlines Co LTD), A319/A320 Purchase Agreement (China Southern Airlines Co LTD)

Supplier’s Default. 12.3.2.1 In the event of any Supplier, under any standard warranty obtained by the Seller pursuant to Clause 12.3.112.3, ***** (ii) defaulting in the performance of any material obligation with respect thereto and the Buyer submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.1 will shall apply to the extent (a) the same would have been applicable had such Supplier Part been a Warranted Part, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement will shall apply. 12.3.2.2 In the event of any Supplier, under any Supplier Service Life Policy service life policy obtained by the Seller pursuant to Clause 12.3.1,***** (ii) 12.3, defaulting in the performance of any material obligation with respect thereto and the Buyer submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.2 will shall apply to the extent (a) the same would have been applicable had such Supplier Item been listed in Exhibit F, Seller Service Life Policy, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s Service Life Policy service life policy period as indicated in the Supplier Product Support Agreement will shall apply. 12.3.2.3 At the Seller’s request, the Buyer will shall assign to the Seller, and the Seller will shall be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to and arising by reason of such default and will shall provide reasonable assistance to enable the Seller to enforce the rights so assigned.

Appears in 2 contracts

Samples: Aircraft Purchase Agreement (AerCap Holdings N.V.), Aircraft Purchase Agreement (AerCap Holdings N.V.)

Supplier’s Default. 12.3.2.1 In the event of that any Supplier, under any standard warranty obtained by the Seller pursuant in a Supplier Product Support Agreement, defaults in the performance of any obligation with respect thereto and subject to Clause 12.3.1, ***** (i) the Buyer using its commercially reasonable efforts to enforce its rights under such Supplier Product Support Agreement and (ii) the Buyer submitting in reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.1 will apply to the extent (a) the same would have been applicable had such Supplier Part been a Warranted Part, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement will apply. 12.3.2.2 In the event of that any Supplier, under any Supplier Service Life Policy service life policy obtained by the Seller pursuant in a Supplier Product Support Agreement, defaults in the performance of any obligation with respect thereto and subject to Clause 12.3.1,***** (i) the Buyer using its commercially reasonable efforts to enforce its rights under such Supplier Product Support Agreement and (ii) the Buyer submitting in reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.2 will apply to the extent (a) the same would have been applicable had as if such Supplier Item been listed in Exhibit F, Seller Service Life Policy, and (b) the Seller can reasonably perform said Supplier’s obligationsPart was an Item, except that the Supplier’s Service Life Policy service life policy period as indicated in the Supplier Product Support Agreement will apply. 12.3.2.3 At the Seller’s request, the Buyer will assign to the Seller, and the Seller will be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to and arising by reason of such default and will provide reasonable assistance to enable the Seller to enforce the rights so assigned.

Appears in 2 contracts

Samples: Purchase Agreement (American Airlines, Inc.), Purchase Agreement (American Airlines Inc)

Supplier’s Default. 12.3.2.1 In the event of If any Supplier, under any standard warranty obtained by the Seller pursuant to this Clause 12.3.112.3, ***** defaulting in the performance of any material obligation with respect thereto and subject to (i) the Buyer using its best efforts to enforce its rights under such Supplier Service Life Policy and (ii) the Buyer submitting in reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.1 will of this Agreement shall apply to the extent (ai) the same would have been applicable had such Supplier Part been a Warranted Part, and (bii) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement will apply. 12.3.2.2 In the event of If any Supplier, under any Supplier Service Life Policy obtained by the Seller pursuant to this Clause 12.3.1,***** 12.3, defaulting in the performance of any material obligation with respect thereto and subject to (i) the Buyer using its best efforts to enforce its rights under such Supplier Service Life Policy and (ii) the Buyer submitting in reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.2 will of this Agreement shall apply to the extent (ai) the same would have been applicable had such Supplier Item been listed in Exhibit FC, Seller Service Life Policy, and (bii) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s Service Life Policy period as indicated in the Supplier Product Support Agreement will apply. 12.3.2.3 At the Seller’s request, the Buyer will assign to the Seller, and the Seller will be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect *** Confidential Treatment Requested to and arising by reason of such default and the Buyer will provide reasonable assistance to enable the Seller to enforce the rights so assigned.

Appears in 2 contracts

Samples: Purchase Agreement (Hawaiian Holdings Inc), Purchase Agreement (Hawaiian Holdings Inc)

Supplier’s Default. 12.3.2.1 In the event of any Supplier, under any standard warranty obtained by the Seller and transferred to the Buyer pursuant to Clause 12.3.1the Supplier Product Support Agreement, ***** (ii) defaults in the performance of any material obligation with respect thereto and the Buyer submitting submits in reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.1 will shall apply to the extent (a) the same would have been applicable had such Supplier Part been a Warranted Part, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement will shall apply. 12.3.2.2 In the event of any Supplier, under any Supplier Service Life Policy service life policy obtained by the Seller and transferred to the Buyer pursuant to Clause 12.3.1,***** (ii) the Supplier Product Support Agreement, defaults in the performance of any material obligation with respect thereto and the Buyer submitting submits in reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.2 will shall apply to the extent (a) the same would have been applicable had such Supplier Item been listed in Exhibit F, Seller Service Life Policy, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s Service Life Policy service life policy period as indicated in the Supplier Product Support Agreement will shall apply. 12.3.2.3 At If pursuant to Clause 12.3.2.1 or 12.3.2.2, a defect in a Supplier Part is corrected by the Seller, then at the Seller’s request, the Buyer will shall assign to the Seller, and the Seller will shall be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to and arising by reason of such default and will shall provide reasonable assistance assistance, provided the same is at not more than deminimus out of pocket cost to the Buyer, to enable the Seller to enforce the rights so assigned.

Appears in 2 contracts

Samples: Purchase Agreement (Avianca Holdings S.A.), Purchase Agreement (Avianca Holdings S.A.)

Supplier’s Default. 12.3.2.1 In the event of any Supplier, under any standard warranty obtained by the Seller pursuant to Clause 12.3.1, ***** (ii) defaulting in the performance of any material obligation with respect thereto and the Buyer submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.1 will shall apply to the extent (a) the same would have been applicable had such Supplier Part been a Warranted Part, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s 's warranty period as indicated in the Supplier Product Support Agreement will shall apply. 12.3.2.2 In the event of any Supplier, under any Supplier Service Life Policy obtained by the Seller pursuant to Clause 12.3.1,***** (ii) , defaulting in the performance of any material obligation with respect thereto and the Buyer submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.2 will shall apply to the extent (a) the same would have been applicable had such Supplier Item been listed in Exhibit F, Seller Service Life Policy, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s 's Service Life Policy period as indicated in the Supplier Product Support Agreement will shall apply. 12.3.2.3 At the Seller’s 's request, the Buyer will shall assign to the Seller, and the Seller will shall be subrogated to, all of the Buyer’s 's rights against the relevant Supplier with respect to and arising by reason of such default and will shall provide reasonable assistance to enable the Seller to enforce the rights so assigned.

Appears in 2 contracts

Samples: Purchase Agreement (Tam S.A.), Purchase Agreement (KLM Royal Dutch Airlines)

Supplier’s Default. 12.3.2.1 In If any Supplier under any warranty referred to in Clause 12.3.1 defaults in the event performance of any Supplier, material obligation under any standard such warranty obtained by the Seller pursuant with respect to Clause 12.3.1, ***** (ii) a Supplier Part and the Buyer submitting in submits reasonable time to the Seller evidence, within a reasonable evidence time, that such default has occurred, then Clause 12.1 of this Agreement will apply to the extent (a) the same it would have been applicable applied had such Supplier Part been a Warranted Part, and (b) to the extent the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement Agreements will apply. 12.3.2.2 In the event of If any Supplier, Supplier under any Supplier Service Life Policy obtained by the Seller pursuant service life policy referred to in to Clause 12.3.1,***** 12.3.1 defaults in the performance of any material obligation under such service life policy, and (i) the Buyer has used its best efforts to enforce its rights under such service life policy, and (ii) the Buyer submitting in submits within reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.2 of this Agreement will apply to the extent (a) the same would have been applicable applied had such Supplier Item component, equipment, accessory or part been listed in Exhibit FF hereto, Seller Service Life Policy, and (b) to the extent that the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s Service Life Policy period as indicated in the Supplier Product Support Agreement will applyservice life policy. 12.3.2.3 At the Seller’s request, the Buyer will assign to the Seller, and the Seller will be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to to, and arising by reason of of, such default and the Buyer will provide reasonable assistance to enable the Seller to enforce the rights so assigned.

Appears in 1 contract

Samples: A350 900 Purchase Agreement (United Airlines, Inc.)

Supplier’s Default. 12.3.2.1 (i) In the event of any Supplier, under any standard warranty obtained by the Seller pursuant to Clause 12.3.1, ***** (ii) the Buyer submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.1 will shall apply to the extent (a) the same would have been applicable had such Supplier Part been a Warranted Part, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement will shall apply. 12.3.2.2 (ii) In the event of any Supplier, under any Supplier Service Life Policy obtained by the Seller pursuant to Clause 12.3.1,, ***** (ii) and the Buyer submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.2 will shall apply to the extent (a) the same would have been applicable had such Supplier Item been listed in Exhibit F, Seller Service Life Policy, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s Service Life Policy period as indicated in the Supplier Product Support Agreement will shall apply. 12.3.2.3 (iii) At the Seller’s request, the Buyer will shall assign to the Seller, and the Seller will shall be subrogated to, all of the Buyer’s rights against the relevant Supplier ***** Confidential portions of the material have been omitted and filed separately with respect to the Securities and arising by reason of such default and will provide reasonable assistance to enable the Seller to enforce the rights so assignedExchange Commission.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Frontier Group Holdings, Inc.)

Supplier’s Default. 12.3.2.1 In If any Supplier under any warranty referred to in Clause 12.3.1 defaults in the event performance of any Supplier, material obligation under any standard such warranty obtained by the Seller pursuant with respect to Clause 12.3.1, ***** (ii) a Supplier Part and the Buyer submitting in submits reasonable time to the Seller evidence, within a reasonable evidence time, that such default has occurred, then Clause 12.1 of this Agreement will apply to the extent (a) the same it would have been applicable applied had such Supplier Part been a Warranted Part, and (b) to the extent the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement Agreements will apply.. *** Confidential Treatment Requested 12.3.2.2 In the event of If any Supplier, Supplier under any Supplier Service Life Policy obtained by the Seller pursuant service life policy referred to in to Clause 12.3.1,***** 12.3.1 defaults in the performance of any material obligation under such service life policy, and (i) the Buyer has used its best reasonable efforts to enforce its rights under such service life policy, and (ii) the Buyer submitting in submits within reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.2 of this Agreement will apply to the extent (a) the same would have been applicable applied had such Supplier Item component, equipment, accessory or part been listed in Exhibit FC hereto, Seller Service Life Policy, and (b) to the extent that the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s Service Life Policy period as indicated in the Supplier Product Support Agreement will applyservice life policy. 12.3.2.3 At the Seller’s request, the Buyer will assign to the Seller, and the Seller will be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to to, and arising by reason of of, such default and the Buyer will provide reasonable assistance to enable the Seller to enforce the rights so assigned.

Appears in 1 contract

Samples: Purchase Agreement (Hawaiian Holdings Inc)

Supplier’s Default. 12.3.2.1 In the event of that any Supplier, Supplier under any standard warranty obtained by the Seller pursuant to Clause 12.3.112.3.1 hereof defaults in the performance of any material obligation under such warranty with respect to a Supplier Part, ***** (ii) and the Buyer submitting in submits within a reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.1 of this Agreement will apply to the extent (a) the same it would have been applicable applied had such Supplier Part been a Warranted PartPart except that, and for obligations covered under Clause 12.1, the shorter of (bi) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s 's warranty period as indicated in the Supplier Product Support Agreements manual and (ii) the Seller's warranty period indicated in Clause 12.1.3 of this Agreement will apply. 12.3.2.2 In the event of that any Supplier, Supplier under any Supplier Service Life Policy service life policy obtained by the Seller pursuant to Clause 12.3.1,***** (ii) 12.3.1 hereof defaults in the performance of any material obligation with respect thereto, and the Buyer submitting in submits within reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.2 of this Agreement will apply to the extent (a) the same would have been applicable applied had such Supplier Item component, equipment, accessory or part been listed in Exhibit F, Seller Service Life Policy, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s Service Life Policy period as indicated in the Supplier Product Support Agreement will applyC hereto. 12.3.2.3 At the Seller’s 's request, the Buyer will assign to the Seller, and the Seller will be subrogated to, all of the Buyer’s 's rights against the relevant Supplier Supplier, with respect to and arising by reason of such default and the Buyer will provide reasonable assistance to enable the Seller to enforce the rights so assigned.

Appears in 1 contract

Samples: Purchase Agreement (Frontier Airlines Inc /Co/)

Supplier’s Default. 12.3.2.1 In the event of 12.3.1.2.1 If any Supplier, under any standard warranty obtained by contained in a Supplier Product Support Agreement, defaults in the Seller pursuant to Clause 12.3.1, ***** (ii) performance of any material obligation with respect thereto and the Buyer submitting in reasonable time submits to the Seller timely and reasonable evidence that such default has occurred, then Clause 12.1 will apply to the extent (a) the same would have been applicable had such Supplier Part been a Warranted Part, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement will apply. 12.3.2.2 In the event of 12.3.1.2.2 If any Supplier, under any Supplier Service Life Policy obtained by the Seller pursuant service life policy referred to in Clause 12.3.1,***** (ii) , defaults in the performance of any material obligation with respect thereto and the Buyer submitting in reasonable time submits to the Seller reasonable and timely evidence that such default has occurred, then Clause 12.2 will apply to the extent (a) the same would have been applicable had such Supplier Item item been listed in Exhibit F, Seller Service Life Policy, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s Service Life Policy service life policy period as indicated in the Supplier Product Support Agreement will apply. 12.3.2.3 12.3.1.2.3 At the Seller’s request, the Buyer will assign to the Seller, and the Seller will be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to and arising by reason of such default and will provide reasonable assistance to enable the Seller to enforce the rights so assigned.

Appears in 1 contract

Samples: Purchase Agreement (Air Lease Corp)

Supplier’s Default. 12.3.2.1 In If any Supplier under any warranty referred to in Clause 12.3.1 defaults in the event performance of any Supplier, material obligation under any standard such warranty obtained by the Seller pursuant with respect to Clause 12.3.1, ***** (ii) a Supplier Part and the Buyer submitting in submits reasonable time to the Seller evidence, within a reasonable evidence time, that such default has occurred, then Clause 12.1 of this Agreement will apply to the extent (a) the same it would have been applicable applied had such Supplier Part been a Warranted Part, and (b) to the extent the Seller can reasonably perform perform, or arranged to perform, to said Supplier’s obligations, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement Agreements will apply. 12.3.2.2 In the event of If any Supplier, Supplier under any Supplier Service Life Policy obtained by service life policy referred to in Clause 12.3.1 defaults in the Seller pursuant performance of any material obligation under such service life policy, and (i) the Buyer has used its commercially reasonable efforts to Clause 12.3.1,***** enforce its rights under such service life policy, and (ii) the Buyer submitting in submits within reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.2 of this Agreement will apply to the extent (a) the same would have been applicable applied had such Supplier Item component, equipment, accessory or part been listed in Exhibit FC hereto, Seller Service Life Policy, and (b) to the extent that the Seller can reasonably perform perform, or arranged to perform, said Supplier’s obligations, except that the Supplier’s Service Life Policy period as indicated in the Supplier Product Support Agreement will applyservice life policy. 12.3.2.3 At the Seller’s request, the Buyer will assign to the Seller, and the Seller will be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to to, and arising by reason of of, such default and the Buyer will provide reasonable assistance to enable the Seller to enforce the rights so assigned. INTREPID – A330-200F PA - Execution Version – 05/2007 45/134 CONFIDENTIAL AND PROPRIETARY INFORMATION ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.

Appears in 1 contract

Samples: Purchase Agreement (Intrepid Aviation LTD)

Supplier’s Default. 12.3.2.1 In If any Supplier under any warranty referred to in Clause 12.3.1 defaults in the event performance of any Suppliermaterial obligation under such warranty with respect to a Supplier Part, under any standard warranty obtained by the Seller pursuant to Clause 12.3.1, ***** (ii) the Buyer submitting in has used its best efforts to enforce its rights under such warranty, and the Buyer submits reasonable time to the Seller evidence, within a reasonable evidence time, that such default has occurred, then Clause 12.1 of this Agreement will apply to the extent (a) the same it would have been applicable applied had such Supplier Part been a Warranted Part, and (b) to the extent the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s warranty period as indicated in the applicable Supplier Product Support Agreement will apply. 12.3.2.2 In If any Supplier under any service life policy referred to in Clause 12.3.1 defaults in the event performance of any Suppliermaterial obligation under such service life policy with respect to a Supplier Part, under any Supplier Service Life Policy obtained by the Seller pursuant to Clause 12.3.1,***** (ii) the Buyer submitting in has used best efforts to enforce its rights under such service life policy, and the Buyer submits within a reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.2 will apply to the extent (a) the same would have been applicable applied had such Supplier Item Part been listed in Exhibit FC, Seller Service Life Policy, and (b) to the extent that the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s Service Life Policy period as indicated in the Supplier Product Support Agreement will applyservice life policy. 12.3.2.3 At the Seller’s request, the Buyer will assign to the Seller, and the Seller will be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to to, and arising by reason of of, such default and the Buyer will provide reasonable assistance to enable the Seller to enforce the rights so assigned.. USA — Amended and Restated Airbus A350 XWB Purchase Agreement PA — 53 of 109 EXECUTION PRIVILEGED AND CONFIDENTIAL

Appears in 1 contract

Samples: Airbus A350 XWB Purchase Agreement (Us Airways Inc)

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Supplier’s Default. 12.3.2.1 In the event of that any Supplier, Supplier under any standard warranty or indemnity against patent infringements obtained by the Seller pursuant to Subclause 12.3.1 or Clause 12.3.113 hereof defaults in the performance of any material obligation under such warranty or indemnity against patent infringements with respect to a Supplier Part, ***** (ii) and the Buyer submitting in submits within a reasonable time to the Seller reasonable evidence proof that such default has occurred, then Subclause 12.1 or Clause 12.1 will 13 of the Agreement shall apply to the extent (a) the same would have been applicable had such Supplier Part been a Warranted PartPart except that, and for obligations covered under Subclause 12.1, the shorter of (bi) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreements and (ii) the Seller’s warranty period as indicated in Subclause 12.1.3 of the Agreement will shall apply. 12.3.2.2 In the event of that any Supplier, Supplier under any Supplier Service Life Policy service life policy obtained by the Seller pursuant to Clause 12.3.1,***** (ii) Subclause 12.3.1 hereof defaults in the performance of any material obligation with respect thereto, and the Buyer submitting in submits within reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause Subclause 12.2 will of the Agreement shall apply to the extent (a) the same would have been applicable had such Supplier Item component, equipment, accessory or part been listed in Exhibit F, Seller Service Life Policy, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s Service Life Policy period as indicated in the Supplier Product Support Agreement will applyF hereto. 12.3.2.3 At the Seller’s request, the Buyer will shall assign to the Seller, and the Seller will shall be subrogated to, all of the Buyer’s rights against the relevant Supplier Supplier, with respect to and arising by reason of such default and will the Buyer shall provide reasonable assistance to enable the Seller to enforce the rights so assigned.

Appears in 1 contract

Samples: Purchase Agreement (Delta Air Lines Inc /De/)

Supplier’s Default. 12.3.2.1 In the event of any Supplier, under any standard warranty obtained by the Seller pursuant to Clause 12.3.1, ***** (ii) defaulting in the performance of any material obligation with respect thereto and the Buyer submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.1 will shall apply to the extent (a) the same would have been applicable had such Supplier Part been a Warranted Part, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement will shall apply. 12.3.2.2 In the event of any Supplier, under any Supplier Service Life Policy obtained by the Seller pursuant to Clause 12.3.1,***** (ii) , defaulting in the performance of any material obligation with respect thereto and the Buyer submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.2 will shall apply to the extent (a) the same would have been applicable had such Supplier Item been listed in Exhibit F, Seller Service Life Policy, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s Service Life Policy period as indicated in the Supplier Product Support Agreement will shall apply. 12.3.2.3 At the Seller’s request, the Buyer will shall assign to the Seller, and the Seller will shall be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to and arising by reason of such default and will shall provide reasonable assistance to enable the Seller to enforce the rights so assigned.. Execution Version Avolon – A330neo Purchase Agreement, ref CLC-CT1404183

Appears in 1 contract

Samples: Purchase Agreement (Avolon Holdings LTD)

Supplier’s Default. 12.3.2.1 In the event of If any Supplier, Supplier under any standard warranty obtained by the Seller pursuant to Clause 12.3.117.1 hereof defaults in the performance of any material obligation under such warranty with respect to a Supplier Part, and the Buyer has used [***** (ii) ] efforts to enforce its rights under such warranty, and the Buyer submitting in Buyer, upon the Seller’s request, submits reasonable time to the Seller evidence, within a reasonable evidence time, that such default has occurred, then Clause 12.1 of this Agreement will apply to the extent (a) the same it would have been applicable applied had such Supplier Part been a Warranted Part, and (b) the Seller can reasonably perform said Supplier’s obligationsexcept that, except that for obligations covered under Clause 12.1, the Supplier’s warranty period as indicated in the Supplier Product Support Agreement Agreements manual will apply. However, to the extent [***]. 12.3.2.2 In the event of If any Supplier, Supplier under any Supplier Service Life Policy service life policy obtained by the Seller pursuant to Clause 12.3.1,17.1 hereof defaults in the performance of any material obligation with respect thereto, and the Buyer has used [***** (ii) ] efforts to enforce its rights under such service life policy, and the Buyer submitting in Buyer, upon the Seller’s request, submits evidence within a reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.2 of this Agreement will apply to the extent (a) the same would have been applicable applied had such Supplier Item component, equipment, accessory or part been a part listed in Exhibit F, Seller Service Life Policy, and (b) the Seller can reasonably perform said Supplier’s obligationsC hereto, except that for obligations covered under Clause 12.2, the Supplier’s Service Life Policy service life policy period as indicated in the Supplier Product Support Agreement Agreements will apply, to the extent that the Seller can reasonably perform or caused to be performed said Supplier’s obligations. 12.3.2.3 At the Seller’s request, the Buyer will assign to the Seller, and the Seller will be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to to, and arising by reason of such default any defaults of the Supplier that Seller has cured and the Buyer will provide reasonable assistance to enable the Seller to enforce the rights so assigned. Nothing stated herein will preclude the Buyer from proceeding against the Supplier in any dispute with the Supplier with respect to any provisions of the Supplier Warranty and/or Service Life Policy that have not been assigned to the Seller.

Appears in 1 contract

Samples: Purchase Agreement (Flyi Inc)

Supplier’s Default. 12.3.2.1 In the event of any Supplier, under any standard warranty obtained by the Seller pursuant to Clause 12.3.1, ***** (ii) defaulting in the performance of any material obligation with respect thereto and the Buyer submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.1 will shall apply to the extent (a) the same would have been applicable had such Supplier Part been a Warranted Part, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement will shall apply. 12.3.2.2 In the event of any Supplier, under any Supplier Service Life Policy obtained by the Seller pursuant to Clause 12.3.1,***** (ii) , defaulting in the performance of any material obligation with respect thereto and the Buyer submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.2 will shall apply to the extent (a) the same would have been applicable had such Supplier Item been listed in Exhibit F, Seller Service Life Policy, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s Service Life Policy period as indicated in the Supplier Product Support Agreement will shall apply. 12.3.2.3 At the Seller’s request, the Buyer will shall assign to the Seller, and the Seller will shall be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to and arising by reason of such default and will shall provide reasonable assistance to enable the Seller to enforce the rights so assigned.. A350 XWB – TAM – 12/2007

Appears in 1 contract

Samples: Purchase Agreement (Latam Airlines Group S.A.)

Supplier’s Default. 12.3.2.1 In the event of that any Supplier, under any standard warranty obtained by the Seller pursuant to Clause 12.3.1, ***** (ii) defaults in the performance of any material obligation with respect thereto and the Buyer submitting submits in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.1 will shall apply to the extent (a) the same would have been applicable had such Supplier Part been a Warranted Part, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s 's warranty period as indicated in the Supplier Product Support Agreement will shall apply. 12.3.2.2 In the event of that any Supplier, under any Supplier Service Life Policy obtained by the Seller pursuant to Clause 12.3.1,***** (ii) , defaults in the performance of any material obligation with respect thereto and the Buyer submitting submits in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.2 will shall apply to the extent (a) the same would have been applicable had such Supplier Item been listed in Exhibit F, Seller Service Life Policy, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s 's Service Life Policy period as indicated in the Supplier Product Support Agreement will shall apply. 12.3.2.3 At the Seller’s 's request, the Buyer will shall assign to the Seller, and the Seller will shall be subrogated to, all of the Buyer’s 's rights against the relevant Supplier with respect to and arising by reason of such default and will the Buyer shall provide reasonable assistance to enable the Seller to enforce the rights so assigned.

Appears in 1 contract

Samples: Purchase Agreement (Gatx Capital Corp)

Supplier’s Default. 12.3.2.1 In the event of any Supplier, under any standard warranty obtained by the Seller pursuant to Clause 12.3.1, ***** (ii) defaulting in the performance of any material obligation with respect thereto and the Buyer submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.1 will shall apply to the extent (a) the same would have been applicable had such Supplier Part been a Warranted Part, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement will shall apply. 12.3.2.2 In the event of any Supplier, under any Supplier Service Life Policy obtained by the Seller pursuant to Clause 12.3.1,***** (ii) , defaulting in the performance of any material obligation with respect thereto and the Buyer submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.2 will shall apply to the extent (a) the same would have been applicable had such Supplier Item been listed in Exhibit F, Seller Service Life Policy, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s Service Life Policy period as indicated in the Supplier Product Support Agreement will shall apply. 12.3.2.3 At the Seller’s request, the Buyer will shall assign to the Seller, and the Seller will shall be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to and arising by reason of such default and will shall provide reasonable assistance to enable the Seller to enforce the rights so assigned. A320 / A330 – TAM – 11/2006 “[* * *]” This information is subject to confidential treatment and has been omitted and filed separately with the commission.

Appears in 1 contract

Samples: Purchase Agreement (Latam Airlines Group S.A.)

Supplier’s Default. 12.3.2.1 In the event of any Supplier, under any standard warranty obtained by the Seller pursuant to Clause 12.3.1, ***** (ii) defaulting in the performance of any material obligation with respect thereto and the Buyer submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.1 will shall apply to the extent (a) the same would have been applicable had such Supplier Part been a Warranted Part, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement will shall apply. 12.3.2.2 In the event of any Supplier, under any Supplier Service Life Policy obtained by the Seller pursuant to Clause 12.3.1,***** (ii) , defaulting in the performance of any material obligation with respect thereto and the Buyer submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.2 will shall apply to the extent (a) the same would have been applicable had such Supplier Item been listed in Exhibit F, Seller Service Life Policy, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s Service Life Policy period as indicated in the Supplier Product Support Agreement will shall apply. 12.3.2.3 At the Seller’s request, the Buyer will shall assign to the Seller, and the Seller will shall be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to and arising by reason of such default and will shall provide reasonable assistance to enable the Seller to enforce the rights so assigned.. A320F NEO - CES 2013 Private & Confidential CT1302606

Appears in 1 contract

Samples: Purchase Agreement (China Eastern Airlines Corp LTD)

Supplier’s Default. 12.3.2.1 12.3.1.2.1 In the event of any Supplier, under any standard warranty obtained by the Seller pursuant to Clause 12.3.1, ***** (ii) defaulting in the performance of any material obligation with respect thereto and the Buyer submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.1 will shall apply to the extent (a) the same would have been applicable had such Supplier Part been a Warranted Part, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement will shall apply. 12.3.2.2 12.3.1.2.2 In the event of any Supplier, under any Supplier Service Life Policy obtained by the Seller pursuant to Clause 12.3.1,***** (ii) , defaulting in the performance of any material obligation with respect thereto and the Buyer submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.2 will shall apply to the extent (a) the same would have been applicable had such Supplier Item been listed in Exhibit F, Seller Service Life Policy, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s Service Life Policy period as indicated in the Supplier Product Support Agreement will shall apply. 12.3.2.3 12.3.1.2.3 At the Seller’s request, the Buyer will shall assign to the Seller, and the Seller will shall be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to and arising by reason of such default and will shall provide reasonable assistance to enable the Seller to enforce the rights so assigned. “[***]” This information is subject to confidential treatment and has been omitted and filed separately with the commission.

Appears in 1 contract

Samples: A 350 XWB Purchase Agreement (Latam Airlines Group S.A.)

Supplier’s Default. 12.3.2.1 In [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SEC PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT]. 12.3.2.2 If any Supplier under any Supplier service life policy referred to in to Clause 12.3.1 defaults in the event performance of any Suppliermaterial obligation under such service life policy, and (i) the Buyer has used its [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SEC PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] efforts to enforce its rights under any standard warranty obtained by the Seller pursuant to Clause 12.3.1such service life policy, ***** and (ii) the Buyer submitting in reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.1 will apply to the extent (a) the same would have been applicable had such Supplier Part been a Warranted Part, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement will apply. 12.3.2.2 In the event of any Supplier, under any Supplier Service Life Policy obtained by the Seller pursuant to Clause 12.3.1,***** (ii) the Buyer submitting in submits within reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.2 of this Agreement will apply to the extent (a) the same would have been applicable applied had such Supplier Item component, equipment, accessory or part been listed in Exhibit FF hereto, Seller Service Life Policy, and (b) to the extent that the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s Service Life Policy period as indicated in the Supplier Product Support Agreement will applyservice life policy. 12.3.2.3 At the Seller’s request, the Buyer will assign to the Seller, and the Seller will be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to to, and arising by reason of of, such default and the Buyer will provide reasonable assistance to enable the Seller to enforce the rights so assigned.

Appears in 1 contract

Samples: Warranties and Service Life Policy (United Air Lines Inc)

Supplier’s Default. 12.3.2.1 In the event of that any Supplier, Supplier under any standard warranty obtained by the Seller pursuant to Clause 12.3.1Sub-clause 12.3.1 hereof defaults in the performance of any material obligation under such warranty with respect to a Supplier Part, ***** (ii) and the Buyer submitting in submits within a reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause Sub-clause 12.1 of this Agreement will apply to the extent (a) the same it would have been applicable applied had such Supplier Part been a Warranted PartPart except that, and for obligations covered under Sub-clause 12.1, the shorter of (bi) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s 's warranty period as indicated in the Supplier Product Support Agreements manual, and (ii) the Seller's warranty period indicated in Sub-clause 12.1.3 of this Agreement will apply. 12.3.2.2 In the event of that any Supplier, Supplier under any Supplier Service Life Policy service life policy obtained by the Seller pursuant to Clause 12.3.1,***** (ii) Sub-clause 12.3.1 hereof defaults in the performance of any material obligation with respect thereto, and the Buyer submitting in submits within reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause Sub-clause 12.2 of this Agreement will apply to the extent (a) the same would have been applicable applied had such Supplier Item component, equipment, accessory or part been listed in Exhibit F, Seller Service Life Policy, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s Service Life Policy period as indicated in the Supplier Product Support Agreement will applyC hereto. 12.3.2.3 At the Seller’s 's request, the Buyer will assign to the Seller, and the Seller will be subrogated to, all of the Buyer’s 's rights against the relevant Supplier Supplier, with respect to to, and arising by reason of of, such default and the Buyer will provide reasonable assistance to enable the Seller to enforce the rights so assigned.

Appears in 1 contract

Samples: Purchase Agreement (Fedex Corp)

Supplier’s Default. 12.3.2.1 In the event of any Supplier, under any standard warranty obtained by the Seller pursuant to Clause 12.3.1, ***** (ii) defaulting in the performance of any material obligation with respect thereto and the Buyer submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.1 will shall apply to the extent (a) the same would have been applicable had such Supplier Part been a Warranted Part, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s 's warranty period as indicated in the Supplier Product Support Agreement will shall apply. 12.3.2.2 In the event of any Supplier, under any Supplier Service Life Policy obtained by the Seller pursuant to Clause 12.3.1,***** (ii) , defaulting in the performance of any material obligation with respect thereto and the Buyer submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.2 will shall apply to the extent (a) the same would have been applicable had such Supplier Item been listed in Exhibit F, Seller Service Life Policy, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s 's Service Life Policy period as indicated in the Supplier Product Support Agreement will shall apply. 12.3.2.3 At the Seller’s 's request, the Buyer will shall assign to the Seller, and the Seller will shall be subrogated to, all of the Buyer’s 's rights against the relevant Supplier with respect to and arising by reason of such default and will shall provide reasonable assistance to enable the Seller to enforce the rights so assigned.. *** This information is subject to confidential treatment and has been omitted and filed separately with the Commission. CT0803291 Private & Confidential

Appears in 1 contract

Samples: Aircraft General Terms Agreement (China Southern Airlines Co LTD)

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