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 [***] months after the last day of the Scheduled Delivery Month of such Aircraft as at the commencement of such Excusable Delay, the Buyer will be entitled to terminate this Agreement with respect only to the Aircraft so affected by giving written notice to the Seller within thirty (30) days after the expiry of such [***] month period. In the event that such delay continues for an additional [***] month period after the expiration of such [***] months period, either party will have the option to terminate this Agreement with respect only to the Aircraft so affected by giving written notice to the other party within [***] days after the expiry of such additional [***] month period. 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. Such termination will discharge all obligations and liabilities of the parties hereunder with respect to such affected Aircraft, except that the Seller will repay to the Buyer an amount equal to the entire amount of any Predelivery Payments received from the Buyer hereunder with respect to such affected Aircraft, [***]. 10.3.2 If, in respect of any Aircraft, the Seller concludes that the Delivery of such Aircraft shall be delayed for more than [***] months after the last day of the Scheduled Delivery Month of such Aircraft as at the commencement of such Excusable Delay, 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 [***] days after receipt by the Buyer of the notice of anticipated delay. Such termination will discharge all obligations and liabilities of the parties hereunder with respect to such affected Aircraft, except that the Seller will repay to the Buyer an amount equal to the entire amount of any Predelivery Payments received from the Buyer hereunder with respect to such affected Aircraft, [***].

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 of such Aircraft as at the commencement of such Excusable DelayMonth, then the Buyer will be entitled to may terminate this Agreement with respect only to the Aircraft so affected Aircraft, by giving written notice to the Seller within thirty (30) days after the expiry expiration of such [***[ * ] month period. In the event that such delay continues for an additional [***[ * ] month period after the expiration of such [***[ * ] months period, either party will have the option to terminate this Agreement with respect only to the Aircraft so affected by giving written upon notice to the other party within [***] thirty (30) days after the expiry end of such additional [***[ * ] month period. The However, the Buyer shall will not be entitled to terminate this Agreement pursuant to this Clause if the Excusable Delay results from a cause within its controlis caused primarily by the gross negligence or willful misconduct of the Buyer. Such termination Termination in accordance with this Sub-clause 10.3.1 will discharge all obligations and liabilities of the parties hereunder with respect to such affected Aircraft, except [ * ] 10.3.2 In the event that the Seller will repay to notifies the Buyer an amount equal of a revised Scheduled Delivery Month pursuant to the entire amount of any Predelivery Payments received from the Buyer hereunder with respect to such affected Aircraft, [***]. 10.3.2 IfSub-clause 10.2(iv), in respect of any Aircraft, the Seller concludes that the a delay in Delivery of such an Aircraft shall be delayed for of more than [***[ * ] months after the last day of the Scheduled Delivery Month of such Aircraft as at the commencement of such Excusable DelayMonth, 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 either party may thereupon terminate this Agreement with respect to such Aircraft the affected Aircraft. Termination will be made by giving written notice to the other party within [***] thirty (30) days after the Buyer's receipt by of the notice of a revised Scheduled Delivery Month. 10.3.3 If this Agreement is not terminated under the terms of Sub-clause 10.3.1 or 10.3.2 above, then the Seller will be entitled to reschedule Delivery. The Seller will notify the Buyer of the notice of anticipated delay. Such termination new Scheduled Delivery Month after the thirty (30)-day period referred to in Sub-clause 10.3.1 or 10.3.2, and this new Scheduled Delivery Month will discharge all obligations and liabilities be deemed to be an amendment to the applicable Scheduled Delivery Month in Sub-clause 9.1.1 of the parties hereunder with respect to such affected Aircraft, except that the Seller will repay to the Buyer an amount equal to the entire amount of any Predelivery Payments received from the Buyer hereunder with respect to such affected Aircraft, [***]Agreement.

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 [***] months * after the last day of the Scheduled Delivery Month of such Aircraft as at the commencement of such Excusable DelayMonth, the Buyer will be entitled to then either party may terminate this Agreement with respect only to the Aircraft so affected by giving written notice to the Seller within thirty (30) days after the expiry of such [***] month period. In the event that such delay continues for an additional [***] month period after the expiration of such [***] months periodAircraft, either party will have the option to terminate this Agreement with respect only to the Aircraft so affected by giving written notice to the other party within [** after the expiration of such ***] days after . However, the expiry of such additional [***] month period. The Buyer shall will not be entitled to terminate this Agreement pursuant to this Clause 10.3.1 if the Excusable Delay results from is caused directly or indirectly by the action or inaction of the Buyer. 10.3.2 If the Seller advises the Buyer of a cause revised Scheduled Delivery Month pursuant to Clause 10.2.1(iv) that there will be a delay in Delivery of an Aircraft of more than ** after the last day of the Scheduled Delivery Month, then the Buyer may terminate this Agreement with respect to the affected Aircraft. Termination will be made by giving written notice to the other party within its control** after the Buyer’s receipt of the notice of a revised Scheduled Delivery Month. Such However, the Buyer will not be entitled to terminate this Agreement pursuant to this Clause 10.3.2 if the Excusable Delay is caused directly or indirectly by the action or inaction of the Buyer. 10.3.3 Any termination pursuant to Clause 10.3.1 or 10.3.2 with respect to an affected Aircraft will discharge all the obligations and liabilities of the parties hereunder with respect to such affected Aircraft,**. 10.3.4 If this Agreement is not terminated under the terms of Clause 10.3.1 or 10.3.2, except that then the Seller will repay to and the Buyer an amount equal to the entire amount of any Predelivery Payments received from the Buyer hereunder with respect to such affected Aircraft, [***]. 10.3.2 If, in respect of any Aircraft, the Seller concludes that the Delivery of such Aircraft shall be delayed for more than [***] months after the last day of the will mutually agree upon a new Scheduled Delivery Month of such Aircraft as at after the commencement of such Excusable Delay** period referred to in Clause 10.3.1 or 10.3.2, 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 Month will be deemed to such Aircraft by giving written notice be an amendment to the other party within [applicable Scheduled Delivery Month in Clause 9.1.1. ***] days after receipt by the Buyer * Confidential Treatment Requested. USA — Amended and Restated Airbus A350 XWB Purchase Agreement PA – 36 of the notice of anticipated delay. Such termination will discharge all obligations and liabilities of the parties hereunder with respect to such affected Aircraft, except that the Seller will repay to the Buyer an amount equal to the entire amount of any Predelivery Payments received from the Buyer hereunder with respect to such affected Aircraft, [***].109 EXECUTION PRIVILEGED AND CONFIDENTIAL

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 of such Aircraft as at the commencement of such Excusable Delay, the Buyer will be entitled to terminate this Agreement with respect only to [***] Confidential treatment requested by AerCap Holdings N.V. the Aircraft so affected by giving written notice to the Seller within thirty (30) days after the expiry of such [***] month period. In the event that such delay continues will continue for an additional [***] month period after the expiration of such [***] months period, either party will have the option to terminate this Agreement with respect only to the Aircraft so affected by giving written notice to the other party within [***] days after the expiry of such additional [***] month period. 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. Such termination will discharge all obligations and liabilities of the parties hereunder with respect to such affected Aircraft, except that the Seller will repay to the Buyer an amount equal to the entire amount of any Predelivery Payments received from the Buyer hereunder with respect to such affected Aircraft, [***]. 10.3.2 If, in respect of any Aircraft, the Seller concludes that the Delivery of such Aircraft shall be delayed for more than [***] months after the last day of the Scheduled Delivery Month of such Aircraft as at the commencement of such Excusable Delay, 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 [***] days after receipt by the Buyer of the notice of anticipated delay. Such termination will discharge all obligations and liabilities of the parties hereunder with respect to such affected Aircraft, except that the Seller will repay to the Buyer an amount equal to the entire amount of any Predelivery Payments received from the Buyer hereunder with respect to such affected Aircraft, [***]. 10.3.3 If this Agreement shall not have been terminated with respect to the delayed Aircraft during the [***] 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.

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] months after the last day of the Scheduled Delivery Month of such Aircraft as at the commencement of such Excusable DelayMonth, the Buyer will be entitled to then either party may terminate this Agreement with respect only to the Aircraft so affected Aircraft, by giving written notice to the other party [AS AGREED BY THE PARTIES] after [AS AGREED BY THE PARTIES] 10.3.2 If the Seller within thirty (30) days after has not exercised its right to terminate pursuant to Subclause 10. 3.1 herein and if the expiry Seller notifies the Buyers of such a revised Scheduled Delivery Month pursuant to Clause 10.2.1(iv), in respect of a delay in Delivery of an Aircraft of [***] month period. In AS AGREED BY THE PARTIES], then the event that such delay continues for an additional [***] month period after the expiration of such [***] months period, either party will have the option to Buyers may terminate this Agreement with respect only to the Aircraft so affected Aircraft. Termination will be made by giving written notice to the other party within [***AS AGREED BY THE PARTIES] days after the expiry Buyers' receipt of such additional [***] month periodthe notice of a revised Scheduled Delivery Month. The Buyer shall not be entitled to terminate this Agreement Any termination pursuant to this Clause if the Excusable Delay results from a cause within its control. Such termination 10.3.2 as to an Aircraft will discharge all the obligations and liabilities of the parties hereunder with respect to such affected Aircraft, except that the Seller will repay [AS AGREED BY THE PARTIES] of such termination pay to an account designated by each of the Buyer Buyers in writing an amount equal to the entire amount of any all Predelivery Payments received from made by the Buyer hereunder with respect to such affected AircraftBuyers, [***]. 10.3.2 Ifor any of them, in respect of any such Aircraft, provided that none of the Buyers is in default under this Agreement or any other agreement with the Seller concludes that and/or its Affiliates. 10.3.3 If this Agreement is not terminated under the Delivery terms of such Aircraft shall be delayed for more than [***] months after Clause 10.3.1 or 10.3.2, then the last day of Seller and the Buyers will mutually agree upon a new Scheduled Delivery Month of such Aircraft as at after the commencement of such Excusable Delay[AS AGREED BY THE PARTIES] period referred to in Clause 10.3.1 or 10.3.2, 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 Month will be deemed to such Aircraft by giving written notice be an amendment to the other party within [***] days after receipt by the Buyer of the notice of anticipated delay. Such termination will discharge all obligations and liabilities of the parties hereunder with respect to such affected Aircraft, except that the Seller will repay to the Buyer an amount equal to the entire amount of any Predelivery Payments received from the Buyer hereunder with respect to such affected Aircraft, [***]applicable Scheduled Delivery Month in Clause 9.1.1.