Common use of Termination for Failure to Take Delivery Clause in Contracts

Termination for Failure to Take Delivery. If the Buyer fails to comply with its obligations as set forth under Clause 8 and/or Clause 9, or fails to pay the Final Price of the Aircraft, the Seller shall have the right to put the Buyer on notice to do so within a period of ***after the date of such notification. If the Buyer has not cured such default within such period, the Seller may, by written notice, terminate all or part of this Agreement with respect to undelivered Aircraft. All costs referred to in Clause 9.2.3 and relating to the period between the notified date of delivery (as referred to in Clause 9.2.3) and the date of termination of all or part of this Agreement shall be borne by the Buyer. *** This information is subject to confidential treatment and has been omitted and filed separately with the Commission. CC – C 337.0045/07 Page 85/92

Appears in 2 contracts

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

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Termination for Failure to Take Delivery. If the Buyer fails to comply with its obligations as set forth under Clause 8 8.3 and/or Clause 99.4, or fails to pay the Final Price of the AircraftAircraft when required to do so, the Seller shall have the right to put the Buyer on notice to do so within a period of [***after the date of such notification. ] If the Buyer has not cured such default within such period, the Seller may, by written notice, terminate all or part of this Agreement with respect to undelivered Aircraft. All costs referred to in sub-Clause 9.2.3 9.4.1 and relating to the period between the notified delivery date of delivery (as referred to in Clause 9.2.3) and the date of termination of all or part of this Agreement shall be borne by the Buyer. *** This information is subject to confidential treatment and has been omitted and filed separately with the Commission. CC – C 337.0045/07 Page 85/92.

Appears in 2 contracts

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

Termination for Failure to Take Delivery. If the Buyer fails to comply with its obligations as set forth under Clause 8 and/or Clause 9, or fails to pay the Final Price of the Aircraft, the Seller shall have the right to put the Buyer on notice to do so within a period of **** after the date of such notification. If the Buyer has not cured such default within such period, the Seller may, by written notice, terminate all or part of this Agreement with respect to undelivered Aircraft. All costs referred to in Clause 9.2.3 and relating to the period between the notified date of delivery (as referred to in Clause 9.2.3) and the date of termination of all or part of this Agreement shall be borne by the Buyer. *** This information is subject to confidential treatment and has been omitted and filed separately with the Commission. CC – C 337.0045/07 Page 85/92.

Appears in 2 contracts

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

Termination for Failure to Take Delivery. If the Buyer fails to comply with its obligations as set forth under Clause 8 and/or Clause 9, or fails to pay the Final Price of the Aircraft, * the Seller shall have the right to put the Buyer on notice to do so within a period of **** working days after the date of such notification. If the Buyer has not cured such default within such period, the Seller may, by written notice, terminate all or part of this Agreement with respect to undelivered Aircraft. All costs referred to in sub-Clause 9.2.3 9.4.1 and relating to the period between the notified delivery date of delivery (as referred to in Clause 9.2.3) and the date of termination of all or part of this Agreement shall be borne by the Buyer. *** This information is subject to confidential treatment and has been omitted and filed separately with the Commission. CC – C 337.0045/07 Page 85/92.

Appears in 1 contract

Samples: Purchase Agreement (Tam S.A.)

Termination for Failure to Take Delivery. If the Buyer fails to comply with its obligations as set forth under Clause 8 and/or Clause 9, or fails to pay the Final Price of the Aircraft, the Seller shall have the right to put the Buyer on notice to do so within a period of [***] after the date of such notification. If the Buyer has not cured such default within such period, the Seller may, by written notice, terminate all or part of this Agreement with respect to undelivered Aircraft. All costs referred to in Clause 9.2.3 and relating to the period between the notified date of delivery (as referred to in Clause 9.2.3) and the date of termination of all or part of this Agreement shall be borne by the Buyer. [*** This information is subject to confidential treatment and has been omitted and filed separately with the Commission. CC – C 337.0045/07 Page 85/92*]

Appears in 1 contract

Samples: Purchase Agreement (China Southern Airlines Co LTD)

Termination for Failure to Take Delivery. If the Buyer fails to comply with its obligations as set forth under Clause 8 and/or Clause 9, or fails to pay the Final Price of the Aircraft, the Seller shall have the right to put the Buyer on notice to do so within a period of Aircraft when due ***after the date of such notification*. If the Buyer has not cured such default within such period****, the Seller may, by written notice, terminate all or part of this Agreement with respect to undelivered Aircraft. All costs referred to in Clause 9.2.3 and relating to the period between the notified date of delivery (as referred to in Clause 9.2.39.2.1) and the date of termination of all or part of this Agreement shall be borne by the Buyer. *** This information is subject to confidential treatment and has been omitted and filed separately with the Commission. CC – C 337.0045/07 Page 85/92.

Appears in 1 contract

Samples: Purchase Agreement (Avolon Holdings LTD)

Termination for Failure to Take Delivery. If the Buyer fails to comply with its obligations as set forth under Clause 8 and/or Clause 9, or fails to pay the Final Price of the Aircraft, the Seller shall have the right to put the Buyer on notice to do so within a period of **** after the date of such notification. If the Buyer has not cured such default within such period, the Seller may, by written notice, terminate all or part of this Agreement with respect to undelivered Aircraft. All costs referred to in Clause 9.2.3 and relating to the period between the notified date of delivery (as referred to in Clause 9.2.39.2.1) and the date of termination of all or part of this Agreement shall be borne by the Buyer. *** This information is subject to confidential treatment and has been omitted and filed separately with the Commission*. CC – C 337.0045/07 Page 85/92A320F NEO - CES 2013 Private & Confidential CT1302606

Appears in 1 contract

Samples: Purchase Agreement (China Eastern Airlines Corp LTD)

Termination for Failure to Take Delivery. If the Buyer fails to comply with its obligations as set forth under Clause 8 and/or Clause 9, or fails to pay the Final Price of the Aircraft, the Seller shall have the right to put the Buyer on notice to do so within a period of ***after the date of such notification[DELETED]. If the Buyer has not cured such default within such period[DELETED], the Seller may, by written notice, terminate all or part of this Agreement with respect to undelivered Aircraft, [DELETED]. All costs referred to in Clause 9.2.3 and relating to the period between the notified date of delivery (as referred to in Clause 9.2.3) and the date of termination of all or part of this Agreement shall be borne by the Buyer. *** This information is subject to confidential treatment and has been omitted and filed separately with the Commission. CC – C 337.0045/07 Page 85/92.

Appears in 1 contract

Samples: Purchase Agreement (Gatx Capital Corp)

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Termination for Failure to Take Delivery. If the Buyer fails to comply with its obligations as set forth under Clause 8 and/or Clause 9, or fails to pay the Final Price of the AircraftAircraft when due, the Seller shall have the right to put the Buyer on notice to do so within a period of ***after the date of such notification*. If the Buyer has not cured such default within such period****, the Seller may, by written notice, terminate all or part of this Agreement with respect to undelivered Aircraft. All costs referred to in Clause 9.2.3 and relating to the period between the notified date of delivery (as referred to in Clause 9.2.3) and the date of termination of all or part of this Agreement shall be borne by the Buyer. *** This information is subject to confidential treatment and has been omitted and filed separately with the Commission. CC – C 337.0045/07 Page 85/92.

Appears in 1 contract

Samples: Purchase Agreement (Avolon Holdings LTD)

Termination for Failure to Take Delivery. If the Buyer fails to comply with its obligations as set forth under Clause 8 and/or Clause 9, or fails to pay the Final Price of the AircraftAircraft when due, the Seller shall have the right to put the Buyer on notice to do so within a period of ***after the date of such notification. If the Buyer has not cured such default within such period* ****, the Seller may, by written notice, terminate all or part of this Agreement with respect to undelivered Aircraft. All costs referred to in Clause 9.2.3 and relating to the period between the notified date of delivery (as referred to in Clause 9.2.3) and the date of termination of all or part of this Agreement shall be borne by the Buyer. *** This information is subject to confidential treatment and has been omitted and filed separately with the Commission. CC – C 337.0045/07 Page 85/92.

Appears in 1 contract

Samples: Purchase Agreement (Avolon Holdings LTD)

Termination for Failure to Take Delivery. If the Buyer fails to comply with its obligations as set forth under Clause 8 and/or Clause 9, or fails to pay the Final Price of the Aircraft, the Seller shall have the right to put the Buyer on notice to do so within a period of [***after the date of such notification**]. If the Buyer has not cured such default within such period[*****], the Seller may, by written notice, terminate all or part of this Agreement with respect to undelivered Aircraft. All costs referred to in Clause 9.2.3 and relating to the period between the notified date of delivery (as referred to in Clause 9.2.39.2.1) and the date of termination of all or part of this Agreement shall be borne by the Buyer. *** This information is subject to confidential treatment and has been omitted and filed separately with the Commission. CC – C 337.0045/07 Page 85/92.

Appears in 1 contract

Samples: Purchase Agreement (Azul Sa)

Termination for Failure to Take Delivery. If the Buyer fails to comply with its obligations as set forth under Clause 8 and/or Clause 9, or fails to pay the Final Price of the Aircraft, the Seller shall have the right to put the Buyer on notice to do so within a period of ***after the date of such notification. If the Buyer has not cured such default within such period, the Seller may, by written notice, terminate all or part of this the relevant Purchase Agreement with respect to undelivered Aircraft. All costs referred to in Clause 9.2.3 and relating to the period between the notified date of delivery (as referred to in Clause 9.2.3) and the date of such termination of all or part of this Agreement shall be borne by the Buyer. *** This information is subject to confidential treatment and has been omitted and filed separately with the Commission. CC – C 337.0045/07 Page 85/92CT0803291

Appears in 1 contract

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

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