Common use of Termination on Excusable Delay Clause in Contracts

Termination on Excusable Delay. 10.3.1 If the Delivery of any Aircraft is delayed as a result of an Excusable Delay for a period of more than [*] after the last day of the Scheduled Delivery Month then either party may terminate this Agreement with respect to the Aircraft so affected by giving written notice to the other party [*] period provided that the Buyer shall not be entitled to terminate this Agreement pursuant to this Clause if the Excusable Delay results from a cause within its control.

Appears in 5 contracts

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

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Termination on Excusable Delay. 10.3.1 If the Delivery of any Aircraft is delayed as a result of an Excusable Delay for a period of more than [*] ** after the last day of the Scheduled Delivery Month then either party may terminate this Agreement with respect to the Aircraft so affected by giving written notice to the other party [within *] ** after the expiry of such *** period provided that the Buyer shall not be entitled to terminate this Agreement pursuant to this Clause if the Excusable Delay results from a cause within its control.

Appears in 4 contracts

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

Termination on Excusable Delay. 10.3.1 If the any Delivery of any Aircraft is delayed as a result of an Excusable Delay for a period of more than [*] **** after the last day of the Scheduled Delivery Month Month, then either party may terminate this Agreement with respect to the Aircraft so affected Aircraft, by giving written notice to the other party [*] period provided that **** after the *****. However, the Buyer shall will not be entitled to terminate this Agreement pursuant to this Clause 10.3.1 if the Excusable Delay results from a cause within its controlis caused directly or indirectly by the action or inaction of the Buyer.

Appears in 3 contracts

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

Termination on Excusable Delay. 10.3.1 If the any Delivery of any Aircraft is delayed as a result of an Excusable Delay for a period of more than [***…] after the last day of the Scheduled Delivery Month Month, then either party may terminate this Agreement with respect to the Aircraft so affected Aircraft, by giving written notice to the other party within [***…] period provided that after the expiration of such […***…] period. However, the Buyer shall will not be entitled to terminate this Agreement pursuant to this Clause 10.3.1 if the Excusable Delay results from a cause within its controlis caused directly or indirectly by the action or inaction of the Buyer.

Appears in 2 contracts

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

Termination on Excusable Delay. 10.3.1 If the any Delivery of any Aircraft is delayed as a result of an Excusable Delay for a period of more than [*] * after the last day of the Scheduled Delivery Month Month, then either party may terminate this Agreement with respect to the Aircraft so affected Aircraft, by giving written notice to the other party [within *] period provided that * after the expiration of such **. However, the Buyer shall will not be entitled to terminate this Agreement pursuant to this Clause 10.3.1 if the Excusable Delay results from a cause within its controlis caused directly or indirectly by the action or inaction of the Buyer.

Appears in 2 contracts

Samples: Letter Agreement (Us Airways Inc), Letter Agreement (Us Airways Inc)

Termination on Excusable Delay. 10.3.1 If the Delivery of any Aircraft is delayed as a result of an Excusable Delay for a period of more than [*] twelve (12) months after the last day of the Scheduled Delivery Month then either party may terminate this Agreement with respect to the Aircraft so affected by giving written notice to the other party [*] within thirty (30) days after the expiry of such twelve (12) month period provided that the Buyer shall not be entitled to terminate this Agreement pursuant to this Clause if the Excusable Delay results from a cause within its control.

Appears in 2 contracts

Samples: Letter Agreement (China Eastern Airlines Corp LTD), A330 Purchase Agreement (China Eastern Airlines Corp LTD)

Termination on Excusable Delay. 10.3.1 If the any Delivery of any Aircraft is delayed as a result of an Excusable Delay for a period of more than [*] **** after the last day of the Scheduled Delivery Month Month, then either party may terminate this Agreement with respect to the Aircraft so affected Aircraft, by giving written notice to the other party [*] period provided that **** after the ***** However, the Buyer shall will not be entitled to terminate this Agreement pursuant to this Clause 10.3.1 if the Excusable Delay results from a cause within its controlis caused directly or indirectly by the action or inaction of the Buyer.

Appears in 2 contracts

Samples: A321 Aircraft Purchase Agreement (Frontier Group Holdings, Inc.), A321 Aircraft Purchase Agreement (Frontier Group Holdings, Inc.)

Termination on Excusable Delay. 10.3.1 If the Delivery of any Aircraft is delayed as a result of an Excusable Delay for a period of more than [*] * months after the last day of the Scheduled Delivery Month then either party may terminate this Agreement with respect to the Aircraft so affected by giving written notice to the other party [*] within thirty (30) days after the expiry of such * period provided that the Buyer shall not be entitled to terminate this Agreement pursuant to this Clause if the Excusable Delay results from a cause within its control.

Appears in 1 contract

Samples: Letter Agreement (Tam S.A.)

Termination on Excusable Delay. 10.3.1 If the Delivery of any Aircraft is delayed as a result of an Excusable Delay for a period of more than [***] after the last day of the Scheduled Delivery Month then either party may terminate this Agreement with respect to the Aircraft so affected by giving written notice to the other party within [***] after the expiry of such [***] period provided that the Buyer shall not be entitled to terminate this Agreement pursuant to this Clause if the Excusable Delay results from a cause within its control.

Appears in 1 contract

Samples: A350 Purchase Agreement (China Southern Airlines Co LTD)

Termination on Excusable Delay. 10.3.1 If the any Delivery of any Aircraft is delayed as a result of an Excusable Delay for a period of more than [*] * after the last day of the Scheduled Delivery Month Month, then either party may terminate this Agreement with respect to the Aircraft so affected Aircraft, by giving written notice to the other party [within *] period provided that *after the expiration of such **. However, the Buyer shall will not be entitled to terminate this Agreement pursuant to this Clause 10.3.1 if the Excusable Delay results from a cause within its controlis caused directly or indirectly by the action or inaction of the Buyer.

Appears in 1 contract

Samples: Letter Agreement (Us Airways Inc)

Termination on Excusable Delay. 10.3.1 If the Delivery of any Aircraft is delayed as a result of an Excusable Delay for a period of more than [*****] after the last day of the Scheduled Delivery Month then either party may terminate this Agreement with respect to the Aircraft so affected by giving written notice to the other party within [*****] period provided that the Buyer shall not be entitled to terminate this Agreement pursuant to this Clause if the Excusable Delay results from a cause within its control.

Appears in 1 contract

Samples: A320 Neo Purchase Agreement (Azul Sa)

Termination on Excusable Delay. 10.3.1 If the Delivery of any Aircraft is delayed as a result of an Excusable Delay for a period of more than [*DELETED] months after the last day of the Scheduled Delivery Month Month, [DELETED] months [DELETED] due to an Excusable Delay, then either party the Buyer may terminate this Agreement with respect to the Aircraft so affected by giving written notice to the other party Seller within thirty (30) days after the expiry of such [*DELETED] period month period, provided that the Buyer shall not be entitled to terminate this Agreement pursuant to this Clause if the Excusable Delay results from a cause within its control.

Appears in 1 contract

Samples: Airbus Purchase Agreement (Gatx Capital Corp)

Termination on Excusable Delay. 10.3.1 If the any Delivery of any Aircraft is delayed as a result of an Excusable Delay for a period of more than [...***...] after the last day of the Scheduled Delivery Month Month, then either party may terminate this Agreement with respect to the Aircraft so affected Aircraft, by giving written notice to the other party [...***...] period provided that after the Buyer shall not be entitled to terminate this Agreement pursuant to this Clause if the Excusable Delay results from a cause within its control.expiration of such [...***...

Appears in 1 contract

Samples: A350 Purchase Agreement (Us Airways Group Inc)

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Termination on Excusable Delay. 10.3.1 If the Delivery of any Aircraft is delayed as a result of an Excusable Delay for a period of more than [*] ** after the last day of the Scheduled Delivery Month then either party may terminate this Agreement with respect to the Aircraft so affected by giving written notice to the other party [*] period ** after the expiry of *** provided that the Buyer shall not be entitled to terminate this Agreement pursuant to this Clause if the Excusable Delay results from a cause within its control.

Appears in 1 contract

Samples: Letter Agreement (China Eastern Airlines Corp LTD)

Termination on Excusable Delay. 10.3.1 If the any Delivery of any Aircraft is delayed as a result of an Excusable Delay for a period of more than [***] after the last day of the Scheduled Delivery Month Month, then either party [***] may terminate this Agreement with respect to the Aircraft so affected Aircraft, by giving written notice to the other party [***] period provided that party within [***] after the expiration of such [***]. However, the Buyer shall will not be entitled to terminate this Agreement pursuant to this Clause Subclause 10.3.1 if the Excusable Delay results from a cause within its controlis caused directly or indirectly by the action or inaction of the Buyer.

Appears in 1 contract

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

Termination on Excusable Delay. 10.3.1 If the Delivery of any Aircraft is delayed as a result of an Excusable Delay for a period of more than [*] ** after the last day of the Scheduled Delivery Month then either party Party may terminate this the relevant Purchase Agreement and the AGTA with respect to the Aircraft so affected by giving written notice to the other party [Party within *] period ** after the expiry of such *** provided that the Buyer shall not be entitled to terminate this the relevant Purchase Agreement and the AGTA pursuant to this Clause if the Excusable Delay results from a cause within its control.

Appears in 1 contract

Samples: Letter Agreement (China Southern Airlines Co LTD)

Termination on Excusable Delay. 10.3.1 If the any Delivery of any Aircraft is delayed as a result of an one or more Excusable Delay Delays for a period of more than [**] after the last day of the Scheduled Delivery Month Month, then either party may terminate this Agreement with respect to the Aircraft so affected Aircraft, by giving written notice to the other party within [**] period provided that and following such termination, the parties shall have no further rights or obligations with respect to such affected Aircraft, [**]. Notwithstanding the foregoing, the Buyer shall not be entitled to terminate this Agreement or to receive payment pursuant to this Clause if 10.3.1if the Excusable Delay results from a cause within is caused directly or indirectly by the action or inaction of the Buyer or its controlrepresentatives.

Appears in 1 contract

Samples: Letter Agreement (Hawaiian Holdings Inc)

Termination on Excusable Delay. 10.3.1 If the Delivery of any Aircraft is delayed as a result of an Excusable Delay for a period of more than [*] **** after the last day of the Scheduled Delivery Month then either party may terminate this Agreement with respect to the Aircraft so affected by giving written notice to the other party [*] period **** after the ***** provided that the Buyer shall not be entitled to terminate this Agreement pursuant to this Clause if the Excusable Delay results from a cause within its control.

Appears in 1 contract

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

Termination on Excusable Delay. 10.3.1 If the any Delivery of any Aircraft is delayed as a result of an Excusable Delay for a period of more than [*AS AGREED BY THE PARTIES] after the last day of the Scheduled Delivery Month Month, then either party may terminate this Agreement with respect to the Aircraft so affected Aircraft, by giving written notice to the other party [*AS AGREED BY THE PARTIES] period provided that the Buyer shall not be entitled to terminate this Agreement pursuant to this Clause if the Excusable Delay results from a cause within its control.after [AS AGREED BY THE PARTIES]

Appears in 1 contract

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

Termination on Excusable Delay. 10.3.1 If the Delivery of any Aircraft is delayed as a result of an Excusable Delay for a period of more than [***] after the last day of the Scheduled Delivery Month then either party may terminate this Agreement with respect to the Aircraft so affected by giving written notice to the other party within [***] period provided that the Buyer shall not be entitled to terminate this Agreement pursuant to this Clause if the Excusable Delay results from a cause within its control.[***]

Appears in 1 contract

Samples: Letter Agreement (Avianca Holdings S.A.)

Termination on Excusable Delay. 10.3.1 If the Delivery of any Aircraft is delayed as a result of an Excusable Delay for a period of more than [***] after the last day of the Scheduled Delivery Month then either party may terminate this Agreement with respect to the Aircraft so affected by giving written notice to the other party within [***] period provided that the Buyer shall not be entitled to terminate this Agreement pursuant to this Clause if the Excusable Delay results from a cause within its control.

Appears in 1 contract

Samples: Letter Agreement (Avianca Holdings S.A.)

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