Common use of The Aircraft Clause in Contracts

The Aircraft. 2.1 Each Aircraft shall be manufactured and offered for delivery to Buyer in a manner conforming to the Customer Specification. 2.2 Each Aircraft shall be offered for delivery to Buyer with a CAA Certificate of Airworthiness for Export which shall qualify for the issuance of a United States FAA Certificate of Airworthiness. 2.3 Buyer acknowledges and agrees that in the event any requirement, regulation or mandate of the CAA or of the FAA or any law or any interpretation thereof becomes effective between the date of this Agreement and the Delivery Date of an Aircraft which has the effect of requiring any changes or modifications to the Customer Specification or to any work carried out or to be carried out in the manufacture of such Aircraft or to the testing with respect thereto ("Regulatory Change"), * Seller shall, without any obligation or requirement to secure the permission or consent of Buyer, provided, however, that Seller shall consult with Buyer on the proposed change or modification, make such changes or modifications to the Customer Specification, or to the Aircraft or carry out such testing, or if such modifications or changes shall be embodied following the Delivery Date of an Aircraft, Seller shall consult and agree with Buyer on a schedule for such Regulatory Change to be embodied. 2.3.1 Seller shall undertake all modifications, changes and testing required by such Regulatory Change at Seller's expense if such Regulatory Change is exclusively required for the Aircraft * and not generally applicable to turboprop passenger transport aircraft certificated under the category applicable to the Aircraft. 2.3.2 In the case of a Regulatory Change applicable to the Aircraft * plus any other turboprop passenger transport aircraft certified under the category applicable to the Aircraft, the Base Purchase Price for the Aircraft may be increased to reflect the cost of all changes, modifications and testing required by such Regulatory Change, provided, however, that (i) * (ii) the cost shall not exceed the cost charged for the same changes on aircraft of other best customer operators of Jetstream 41 aircraft or (ii) in order to standardize with other aircraft already in Buyer's fleet, Buyer may elect to embody the Regulatory Change on the Aircraft at its own cost by providing sufficient notice to Seller. 2.3.3 Seller shall provide Buyer with written notice of each such Regulatory Change and shall issue to Buyer a Change Order executed by Seller stating the change or modifications to the Aircraft or the testing required and the adjustment to the Base Purchase Price, to the extent permitted by this Agreement, necessitated by such change, modification or testing, which Change Order automatically shall be binding on both parties hereto notwithstanding the absence of Buyer's signature thereon. 2.3.4 Prior to the delivery of each Aircraft, Seller shall be entitled to fly each Aircraft and to use any part thereof for such period or periods as shall be necessary in connection with CAA or FAA requirements related to the Aircraft and Seller shall be under no liability to Buyer in respect of any reasonable use or depreciation of the Aircraft occasioned thereby. Seller shall minimize its use of any Aircraft or part or parts thereof as provided for in this Section 2..3.4.