Common use of Termination by Contractor for Breach Clause in Contracts

Termination by Contractor for Breach. If this Agreement is terminated by Contractor under Section 8.2(c), then the Covered Aircraft shall be withdrawn from the capacity purchase provisions of this Agreement in accordance with the following terms and conditions: (i) The notice of termination delivered by Contractor to United pursuant to Section 8.2(c)(i) shall be irrevocable and shall contain a Termination Date that is not more than thirty (30) days after the date of such notice; provided that such termination notice shall be void and of no further effect automatically upon the payment by United prior to such Termination Date of all unpaid amounts giving rise to the default under Section 8.2(c)(i). As of the Termination Date set forth in such notice of termination delivered pursuant to Section 8.2(c)(i), all of the Covered Aircraft shall automatically be withdrawn from the capacity purchase provisions of this Agreement and shall cease to be Covered Aircraft as of such date. (ii) The notice of termination delivered by Contractor to United pursuant to Section 8.2(c)(ii) shall be irrevocable and shall contain a Termination Date that is at least 180 days after the date of such notice. Prior to the 90th day after receipt of such termination notice, United shall deliver to Contractor a Wind-Down Schedule beginning on such Termination Date. The Wind-Down Schedule may not provide for the withdrawal of more than [***] Covered Aircraft per month (excluding the withdrawal of any Covered Aircraft upon the termination of the head lease relating to such Covered Aircraft), and may not provide for the withdrawal of any Covered Aircraft on any date more than sixty (60) months after the Termination Date. Contractor shall determine which specific Covered Aircraft shall be withdrawn on all dates as required by, and in accordance with, the Wind-Down Schedule.

Termination by Contractor for Breach. If this Agreement is terminated by Contractor under Section 8.2(c8.02(c), then the Covered Aircraft shall be withdrawn from the capacity purchase provisions of this Agreement in accordance with the following terms and conditions: (i) : The notice of termination delivered by Contractor to United Continental pursuant to Section 8.2(c)(i8.02(c)(i) shall be irrevocable and shall contain a Termination Date that is not more than thirty (30) days [*] after the date of such notice; provided that such termination notice shall be void and of no further effect automatically upon the payment by United Continental prior to such Termination Date of all unpaid amounts giving rise to the default under Section 8.2(c)(i8.02(c)(i). As of the Termination Date set forth in such a notice of termination delivered pursuant to Section 8.2(c)(i8.02(c)(i), all of the Covered Aircraft shall automatically be withdrawn from the capacity purchase provisions of this Agreement and shall cease to be Covered Aircraft as of such date. (ii) . The notice of termination delivered by Contractor to United Continental pursuant to Section 8.2(c)(ii8.02(c)(ii) shall be irrevocable and shall contain a Termination Date that is at least 180 days [*] and not more than [*] after the date of such notice. The notice of termination delivered by Contractor to Continental pursuant to Section 8.02(c)(iii) shall be irrevocable and shall contain a Termination Date that is at least [*] after the date of such notice. Prior to the 90th day earlier of the [*] prior to the Termination Date and the [*] after receipt of such termination noticenotice pursuant to Section 8.02(c)(ii) or 8.02(c)(iii), United Continental shall deliver to Contractor a Wind-Down Schedule beginning on such Termination Date; provided that no Wind-Down Period shall occur following a termination pursuant to Section 8.02(c)(ii) if Continental shall not have cured the payment default giving rise to such termination prior to or simultaneously with its delivery of the Wind-Down Schedule to Contractor. The Wind-Down Schedule may not provide for the withdrawal of more than [***] Covered Aircraft per month (excluding the withdrawal of any Covered Aircraft upon the termination of the head lease relating to such Covered Aircraft)month, and may not provide for the withdrawal of any Covered Aircraft on any beyond the then-applicable exit date more than sixty (60) months after the Termination Date. Contractor shall determine which specific for such Covered Aircraft shall be withdrawn on all dates as required by, and in accordance with, the Wind-Down ScheduleAircraft.

Termination by Contractor for Breach. If this Agreement is terminated by Contractor under Section 8.2(c), then the Covered Aircraft shall be withdrawn from the capacity purchase provisions of this Agreement in accordance with the following terms and conditions: (i) The notice of termination delivered by Contractor to United pursuant to Section 8.2(c)(i) shall be irrevocable and shall contain a Termination Date that is not more than thirty (30) [***] days after the date of such notice; provided that such termination notice shall be void and of no further effect automatically upon the payment by United prior to such Termination Date of all unpaid amounts giving rise to the default under Section 8.2(c)(i). As of the Termination Date set forth in such notice of termination delivered pursuant to Section 8.2(c)(i), all of the Covered Aircraft shall automatically be withdrawn from the capacity purchase provisions of this Agreement and shall cease to be Covered Aircraft as of such date. (ii) The notice of termination delivered by Contractor to United pursuant to Section 8.2(c)(ii) shall be irrevocable and shall contain a Termination Date that is at least 180 [***] days after the date of such notice. Prior to the 90th [***] day after receipt of such termination notice, United shall deliver to Contractor a Wind-Down Schedule beginning on such Termination Date. The Wind-Down Schedule may not provide for the withdrawal of more than [***] Covered Aircraft per month (excluding the withdrawal of any Covered Aircraft upon the termination of the head lease relating to such Covered Aircraft), and may not provide for the withdrawal of any Covered Aircraft on any date more than sixty (60) [***] months after the Termination Date. Contractor shall determine which specific Covered Aircraft shall be withdrawn on all dates as required by, and in accordance with, the Wind-Down Schedule.

Termination by Contractor for Breach. If this Agreement is terminated by Contractor under Section 8.2(c8.02(c) or 8.02(e), then the Covered Aircraft shall be withdrawn from the capacity purchase provisions of this Agreement in accordance with the following terms and conditions: (i) The notice of termination delivered by Contractor to United Continental pursuant to Section 8.2(c)(i8.02(c)(i) shall be irrevocable by Contractor and shall contain a Termination Date that is not more than thirty (30) 60 days after the date of such notice; provided provided, that such termination notice shall be void and of no further effect automatically upon the payment by United Continental prior to such the Termination Date of all unpaid amounts giving rise to the default under Section 8.2(c)(i8.02(c)(i). As of the Termination Date set forth in such a notice of termination delivered pursuant to Section 8.2(c)(i8.02(c)(i), all of the Covered Aircraft shall automatically be withdrawn from the capacity purchase provisions of this Agreement and shall cease to be Covered Aircraft as of such datedate and this Agreement shall terminate. (ii) The notice of termination delivered by Contractor to United Continental pursuant to Section 8.2(c)(ii8.02(c)(ii) or Section 8.02(e) shall be irrevocable by Contractor and shall contain a Termination Date that is at least 180 days after the date of such notice. Prior to the 90th day after receipt of such termination notice, United Continental shall deliver to Contractor a Wind-Down Schedule beginning on such Termination Date. The Wind-Down Schedule may not provide for the withdrawal of more than [***] 15 Covered Aircraft per month (excluding the withdrawal of any Covered Aircraft upon the termination of the head lease relating related to such Covered Aircraft), and may not provide for the withdrawal of any Covered Aircraft on any date more than sixty (60) 60 months after the Termination Date. Contractor shall determine which specific Covered Aircraft shall be withdrawn on all dates as required by, and in accordance with, the Wind-Down Schedule.

Termination by Contractor for Breach. If this Agreement is terminated by Contractor under Section 8.2(c8.02(c), then the Covered Aircraft shall be withdrawn from the capacity purchase provisions of this Agreement in accordance with the following terms and conditions: (i) : The notice of termination delivered by Contractor to United Continental pursuant to Section 8.2(c)(i8.02(c)(i) shall be irrevocable and shall contain a Termination Date that is not more than thirty (30) 60 days after the date of such notice; provided that such termination notice shall be void and of no further effect automatically upon the payment by United Continental prior to such Termination Date of all unpaid amounts giving rise to the default under Section 8.2(c)(i8.02(c)(i). As of the Termination Date set forth in such a notice of termination delivered pursuant to Section 8.2(c)(i8.02(c)(i), all of the Covered Aircraft shall automatically be withdrawn from the capacity purchase provisions of this Agreement and shall cease to be Covered Aircraft as of such date. (ii) . The notice of termination delivered by Contractor to United Continental pursuant to Section 8.2(c)(ii8.02(c)(ii) shall be irrevocable and shall contain a Termination Date that is at least 10 days and not more than 360 days after the date of such notice. The notice of termination delivered by Contractor to Continental pursuant to Section 8.02(c)(iii) shall be irrevocable and shall contain a Termination Date that is at least 180 days after the date of such notice. Prior to the earlier of the second business day prior to the Termination Date and the 90th day after receipt of such termination noticenotice pursuant to Section 8.02(c)(ii) or 8.02(c)(iii), United Continental shall deliver to Contractor a Wind-Down Schedule beginning on such Termination Date; provided that no Wind-Down Period shall occur following a termination pursuant to Section 8.02(c)(ii) if Continental shall not have cured the payment default giving rise to such termination prior to or simultaneously with its delivery of the Wind-Down Schedule to Contractor. The Wind-Down Schedule may not provide for the withdrawal of more than [***] Covered Aircraft per month (excluding the withdrawal of any Covered Aircraft upon the termination of the head lease relating to such Covered Aircraft)month, and may not provide for the withdrawal of any Covered Aircraft on beyond the following dates: for any ERJ Aircraft, any date more than sixty (60) 12 months after the Termination Date. Contractor shall determine which specific Covered Aircraft shall be withdrawn on all dates as required by, and in accordance withfor any CRJ Aircraft, any date beyond the Windthen-Down Scheduleapplicable exit date for such Covered Aircraft.

Termination by Contractor for Breach. If this Agreement is terminated by Contractor under Section 8.2(c), then the Covered Aircraft shall be withdrawn from the capacity purchase provisions of this Agreement in accordance with the following terms and conditions: (i) The notice of termination delivered by Contractor to United pursuant to Section 8.2(c)(i) shall be irrevocable and shall contain a Termination Date that is not more than thirty (30) [***] days after the date of such notice; provided that such termination notice shall be void and of no further effect automatically upon the payment by United prior to such Termination Date of all unpaid amounts giving rise to the default under Section 8.2(c)(i). As of the Termination Date set forth in such notice of termination delivered pursuant to Section 8.2(c)(i), all of the Covered Aircraft shall automatically be withdrawn from the capacity purchase provisions of this Agreement and shall cease to be Covered Aircraft as of such date. (ii) The notice of termination delivered by Contractor to United pursuant to Section 8.2(c)(ii) shall be irrevocable and shall contain a Termination Date that is at least 180 [***] days after the date of such notice. Prior to the 90th [***] day after receipt of such termination notice, United shall deliver to Contractor a Wind-Down Schedule beginning on such Termination Date. The Wind-Wind- Down Schedule may not provide for the withdrawal of more than [***] Covered Aircraft per month (excluding the withdrawal of any Covered Aircraft upon the termination of the head lease relating to such Covered Aircraft), and may not provide for the withdrawal of any Covered Aircraft on any date more than sixty (60) [***] months after the Termination Date. Contractor shall determine which specific Covered Aircraft shall be withdrawn on all dates as required by, and in accordance with, the Wind-Wind- Down Schedule.

Termination by Contractor for Breach. If this Agreement is terminated by Contractor under Section 8.2(c8.02(c) or 8.02(e), then the Covered Aircraft shall be withdrawn from the capacity purchase provisions of this Agreement in accordance with the following terms and conditions: (i) The notice of termination delivered by Contractor to United pursuant to Section 8.2(c)(i8.02(c)(i) shall be irrevocable by Contractor and shall contain a Termination Date that is not more than thirty (30) 60 days after the date of such notice; provided provided, that such termination notice shall be void and of no further effect automatically upon the payment by United prior to such the Termination Date of all unpaid amounts giving rise to the default under Section 8.2(c)(i8.02(c)(i). As of the Termination Date set forth in such a notice of termination delivered pursuant to Section 8.2(c)(i8.02(c)(i), all of the Covered Aircraft shall automatically be withdrawn from the capacity purchase provisions of this Agreement and shall cease to be Covered Aircraft as of such datedate and this Agreement shall terminate. (ii) The notice of termination delivered by Contractor to United pursuant to Section 8.2(c)(ii8.02(c)(ii) or Section 8.02(e) shall be irrevocable by Contractor and shall contain a Termination Date that is at least 180 days after the date of such notice. Prior to the 90th day after receipt of such termination notice, United shall deliver to Contractor a Wind-Down Schedule beginning on such Termination Date. The Wind-Down Schedule may not provide for the withdrawal of more than [***] 15 Covered Aircraft per month (excluding the withdrawal of any Covered Aircraft upon the termination of the head lease relating related to such Covered Aircraft), and may not provide for the withdrawal of any Covered Aircraft on any date more than sixty (60) 60 months after the Termination Date. Contractor shall determine which specific Covered Aircraft shall be withdrawn on all dates as required by, and in accordance with, the Wind-Down Schedule.