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. 10.3.2 If the Seller concludes that the Delivery of any Aircraft shall be delayed for more than [*] after the last day of the Scheduled Delivery Month due to an Excusable Delay and as a result thereof reschedules Delivery of such Aircraft to a date or month reflecting such delay then the Seller shall promptly notify the Buyer in writing to this effect and shall include in such notification the new Scheduled Delivery Month. [*] 10.3.3 If this Agreement shall not have been terminated with respect to the delayed Aircraft during the [*] period referred to in either Clause 10.3.1 or 10.3.2 above, then the Seller shall be entitled to reschedule Delivery and the new Scheduled Delivery Month shall be notified to the Buyer and shall be binding on the parties. AVTA - A320 Family & A320 NEO Family PA

Appears in 2 contracts

Samples: Purchase Agreement (Avianca Holdings S.A.), Purchase 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 [*] 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. 10.3.2 If the Seller concludes that the Delivery of any Aircraft shall be delayed for more than [*] **** after the last day of the Scheduled Delivery Month due to an Excusable Delay and as a result thereof reschedules Delivery of such Aircraft to a date or month reflecting such delay then the Seller shall promptly notify the Buyer in writing to this effect and shall include in such notification the new Scheduled Delivery Month. [Either party may thereupon terminate this Agreement with respect to such Aircraft by giving written notice to the other party *]**** after receipt by the Buyer of the notice of anticipated delay. 10.3.3 If this Agreement shall has not have been terminated with respect to the delayed Aircraft during the [*] period **** referred to in either Clause 10.3.1 or 10.3.2 above, then the Seller shall be entitled to reschedule Delivery and the new Scheduled Delivery Month shall be notified to the Buyer and shall be binding on the parties. AVTA - A320 Family & A320 NEO Family PA.

Appears in 1 contract

Samples: Assignment and Assumption 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 [*] after **** then the last day of the Scheduled Delivery Month then either party Buyer may terminate this Agreement with respect to the Aircraft and related spare parts so affected by giving written notice to the other party [Seller within *] period provided **** 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. ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. 10.3.2 If the Seller concludes that the Delivery of any Aircraft shall be delayed for more than [*] after the last day of the Scheduled Delivery Month **** due to an Excusable Delay and as a result thereof in good faith reschedules Delivery of such Aircraft in a non-discriminatory manner to a date or month reflecting such delay delay, then the Seller shall promptly notify the Buyer in writing to this effect and shall include in such notification the new Scheduled Delivery Month. [The Buyer may thereupon terminate this Agreement with respect to such Aircraft by giving written notice to the Seller *]**** If the Buyer chooses not to so terminate this Agreement, it and the Seller shall enter into an amendment in writing to reflect such rescheduled delivery date. 10.3.3 If this Agreement shall not have been terminated with respect to the delayed Aircraft during the [*] period **** referred to in either Clause 10.3.1 or 10.3.2 above, then the Seller shall be entitled to reschedule Delivery and the new Scheduled Delivery Month shall be notified to the Buyer and shall be binding on the parties. AVTA - A320 Family & A320 NEO Family PAparties and any further delay will be subject to the provisions of this Clause 10.

Appears in 1 contract

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

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. 10.3.2 If the Seller concludes advises the Buyer in its notice of a revised Scheduled Delivery Month pursuant to Clause 10.2.1(iv) that the there shall be a delay in Delivery of any an Aircraft shall be delayed for of more than [**] after the last day of the Scheduled Delivery Month, then either party may terminate this Agreement with respect to the affected Aircraft. Termination shall be made by giving written notice to the other party within [**] after the Buyer's receipt of the notice of a revised Scheduled Delivery Month due and following such termination, the parties shall have no further rights or obligations with respect to an such affected Aircraft, [**] Notwithstanding the foregoing, the Buyer shall not be entitled to terminate this Agreement or to receive payment pursuant to this Clause 10.3.2 if the Excusable Delay and as a result thereof reschedules Delivery is caused directly or indirectly by the action or inaction of such Aircraft to a date or month reflecting such delay then the Seller shall promptly notify the Buyer in writing to this effect and shall include in such notification the new Scheduled Delivery Month. [*]or its representatives. 10.3.3 If this Agreement shall is not have been terminated with respect to under the delayed Aircraft during the [*] period referred to in either terms of Clause 10.3.1 or 10.3.2 above10.3.2, then the Seller shall be entitled to reschedule Delivery. The Seller shall confirm to the Buyer the new Scheduled Delivery Month after the [**] period referred to in Clause 10.3.1 or 10.3.2, which shall be either the Scheduled Delivery Month notified to the Buyer under Clause 10.2.1 (iv) or such other month as may be agreed by the parties, and the this new Scheduled Delivery Month shall be notified deemed to be an amendment to the Buyer and shall be binding on the parties. AVTA - A320 Family & A320 NEO Family PAapplicable Scheduled Delivery Month in Clause 9.1.1.

Appears in 1 contract

Samples: Airbus A330/A350xwb Purchase 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 [*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. 10.3.2 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, or if the Seller concludes that the Delivery of any Aircraft shall be delayed for more than [*DELETED] months after the last day of the Scheduled Delivery Month due to an Excusable Delay and as a result thereof reschedules Delivery of such Aircraft to a date or month reflecting such delay then the Seller shall promptly notify the Buyer in writing to this effect and shall include in such notification the new Scheduled Delivery Month. [*] 10.3.3 If Either party may thereupon terminate this Agreement shall not have been terminated with respect to the delayed such Aircraft during the [*] period referred to in either Clause 10.3.1 or 10.3.2 above, then the Seller shall be entitled to reschedule Delivery and the new Scheduled Delivery Month shall be notified by giving written notice to the other party within thirty (30) days after receipt by the Buyer and shall be binding on of the parties. AVTA - A320 Family & A320 NEO Family PAnotice of anticipated delay.

Appears in 1 contract

Samples: Purchase Agreement (Gatx Capital Corp)

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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 [*] * 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. 10.3.2 If the Seller concludes that the Delivery of any Aircraft shall be delayed for more than [*] * after the last day of the Scheduled Delivery Month due to an Excusable Delay and as a result thereof reschedules Delivery of such Aircraft to a date or month reflecting such delay then the Seller shall promptly notify the Buyer in writing to this effect and shall include in such notification the new Scheduled Delivery Month. [*]Either party may thereupon terminate this Agreement with respect to such Aircraft by giving written notice to the other party within thirty (30) days after receipt by the Buyer of the notice of anticipated delay. 10.3.3 If this Agreement shall not have been terminated with respect to the delayed Aircraft during the [*] thirty (30) day period referred to in either Clause 10.3.1 or 10.3.2 above, then the Seller shall be entitled to reschedule Delivery and the new Scheduled Delivery Month shall be notified to the Buyer and shall be binding on the parties. AVTA - A320 Family & A320 NEO Family PA.

Appears in 1 contract

Samples: Purchase 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 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. 10.3.2 If the Seller concludes that the Delivery of any Aircraft shall be delayed for more than [*] ** after the last day of the Scheduled Delivery Month due to an Excusable Delay and as a result thereof reschedules Delivery of such Aircraft to a date or month reflecting such delay then the Seller shall promptly notify the Buyer in writing to this effect and shall include in such notification the new Scheduled Delivery Month. [*] 10.3.3 If this Either Party may thereupon terminate the relevant Purchase Agreement shall not have been terminated and the AGTA with respect to the delayed such Aircraft during the [*] period referred to in either Clause 10.3.1 or 10.3.2 above, then the Seller shall be entitled to reschedule Delivery and the new Scheduled Delivery Month shall be notified by giving written notice to the other Party within *** after receipt by the Buyer of the notice of anticipated delay. *** This information is subject to confidential treatment and shall be binding on has been omitted and filed separately with the partiesCommission. AVTA - A320 Family CT0803291 Private & A320 NEO Family PAConfidential

Appears in 1 contract

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

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