Common use of Total Loss, Destruction or Damage Clause in Contracts

Total Loss, Destruction or Damage. If, prior to Delivery, any Aircraft is lost or destroyed or in the reasonable opinion of the Seller is damaged beyond economic repair (“Total Loss”), the Seller will notify the Buyer to this effect within ***** of such occurrence. The Seller will include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date consistent with the Seller’s other commitments and production capabilities that an aircraft to replace the Aircraft may be delivered to the Buyer, and the Scheduled Delivery Month will be extended as specified in the Seller’s notice to accommodate the delivery of the replacement aircraft; provided, however, that if the Scheduled Delivery Month is extended to a month that is later than ***** after the last day of the original Scheduled Delivery Month then this Agreement will terminate with respect to said Aircraft unless:

Appears in 5 contracts

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

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Total Loss, Destruction or Damage. If, If prior to Delivery, any Aircraft is lost or lost, destroyed or in the reasonable opinion of the Seller is damaged beyond economic repair (“Total Loss”), the Seller will shall notify the Buyer to this effect within [***** ] of such occurrence. The Seller will shall include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date consistent with the Seller’s other commitments and production capabilities that an aircraft to replace the Aircraft [*] may be delivered to the Buyer, Buyer and the Scheduled Delivery Month will shall be extended as specified in the Seller’s notice to accommodate the delivery of the replacement aircraft; provided, however, that if in the event the specified extension of the Scheduled Delivery Month is extended to a month that is later than [***** ] after the last day of the original Scheduled Delivery Month then this Agreement will shall terminate with respect to said Aircraft unless:

Appears in 5 contracts

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

Total Loss, Destruction or Damage. If, If prior to Delivery, any Aircraft is lost or lost, destroyed or in the reasonable opinion of the Seller is damaged beyond economic repair (“Total Loss”), the Seller will shall notify the Buyer to this effect within ***** of such occurrence. The Seller will shall include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date consistent with the Seller’s 's other commitments and production capabilities that an aircraft to replace the Aircraft may be delivered to the Buyer, Buyer and the Scheduled Delivery Month will shall be extended as specified in the Seller’s 's notice to accommodate the delivery of the replacement aircraftaircraft ; provided, however, that if in the event the specified extension of the Scheduled Delivery Month is extended to a month that is later than **exceeding *** after the last day of the original Scheduled Delivery Month then this Agreement will shall terminate with respect to said Aircraft unless:

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)

Total Loss, Destruction or Damage. If, If prior to Delivery, any Aircraft is lost or lost, destroyed or in the reasonable opinion of the Seller is damaged beyond economic repair (“Total Loss”), the Seller will shall notify the Buyer to this effect as soon as reasonably possible and in any event within ***** of such occurrence. The Seller will shall include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date consistent with the Seller’s other commitments and production capabilities that an aircraft to replace the Aircraft may be delivered to the Buyer, Buyer and the Scheduled Delivery Month will shall be extended as specified in the Seller’s notice to accommodate the delivery of the replacement aircraft; provided, AVOLON A320 Purchase Agreement December 2010 however, that if in the event the specified extension of the Scheduled Delivery Month is extended to a month that is later than *exceeding **** after the last day of the original Scheduled Delivery Month then this Agreement will shall terminate with respect to said Aircraft unless:

Appears in 2 contracts

Samples: A320 Purchase Agreement (Avolon Holdings LTD), A320 Purchase Agreement (Avolon Holdings LTD)

Total Loss, Destruction or Damage. If, prior to Delivery, any Aircraft is lost or lost, destroyed or in the reasonable opinion of the Seller is damaged beyond economic repair (“Total Loss”), the Seller will notify the Buyer to this effect within ***** month of such occurrence. The Seller will include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date consistent with the Seller’s other commitments and production capabilities that an aircraft to replace the Aircraft may be delivered to the Buyer, Buyer and the Scheduled Delivery Month will be extended as specified in the Seller’s notice to accommodate the delivery of the replacement aircraft; provided, however, that if the Scheduled Delivery Month is extended to a month that is later more than ***** after the last day of the original Scheduled Delivery Month then this Agreement will terminate with respect to said Aircraft unless:*****

Appears in 2 contracts

Samples: Family Purchase Agreement (Spirit Airlines, Inc.), Letter Agreement (Spirit Airlines, Inc.)

Total Loss, Destruction or Damage. If, If prior to Delivery, any Aircraft is lost or lost, destroyed or in the reasonable opinion of the Seller is damaged beyond economic repair (“Total Loss”), the Seller will notify the Buyer to this effect within ***** of such occurrence. The Seller will include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date consistent with the Seller’s other commitments and production capabilities that an aircraft to replace the Aircraft may be delivered to the Buyer, Buyer and the Scheduled Delivery Month will be extended as specified in the Seller’s notice to accommodate the delivery of the replacement aircraft; provided. However, however, that if the Scheduled Delivery Month is extended to a month that is later than ***** after the last day of the original Scheduled Delivery Month Month, then this Agreement will terminate with respect to said Aircraft unless:

Appears in 2 contracts

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

Total Loss, Destruction or Damage. If, prior to Delivery, any Aircraft is lost or lost, destroyed or in the reasonable opinion of the Seller is damaged beyond economic repair (“Total Loss”), the Seller will shall notify the Buyer to this effect within ***** ten (10) Business Days of such occurrence. The Seller will shall include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date consistent with the Seller’s other commitments and production capabilities that an aircraft to replace the Aircraft may be delivered to the Buyer, Buyer and the Scheduled Delivery Month will shall be extended as specified in the Seller’s notice to accommodate the delivery of the replacement aircraft; provided, however, that if the Scheduled Delivery Month is extended to a month that is later than […***** …] after the last day of the original Scheduled Delivery Month then this Agreement will shall terminate with respect to said Aircraft unless:

Appears in 2 contracts

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

Total Loss, Destruction or Damage. If, prior to Delivery, any Aircraft is lost or lost, destroyed or in the reasonable opinion of the Seller is damaged beyond economic repair (“Total Loss”), the Seller will notify the Buyer to this effect within as soon as practicable but in no event more than ***** of after such occurrence. The Seller will include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date consistent with the Seller’s other commitments and production capabilities that an aircraft to replace the Aircraft may be delivered to the Buyer, Buyer and the Scheduled Delivery Month will be extended as specified in the Seller’s notice to accommodate the delivery of the replacement aircraft; provided, however, that if the Scheduled Delivery Month is extended to a month that is later more than ***** after the last day of the original Scheduled Delivery Month then this Agreement will terminate with respect to said Aircraft unless***** :

Appears in 2 contracts

Samples: Family Purchase Agreement (Spirit Airlines, Inc.), Letter Agreement (Spirit Airlines, Inc.)

Total Loss, Destruction or Damage. If, prior to Delivery, any Aircraft is lost or lost, destroyed or in the reasonable opinion of the Seller is damaged beyond economic repair (“Total Loss”), the Seller will notify the Buyer to this effect within […***** …] of such occurrence. The Seller will include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date consistent with the Seller’s other commitments and production capabilities that an aircraft to replace the Aircraft may be delivered to the Buyer, Buyer and the Scheduled Delivery Month will be extended as specified in the Seller’s notice to accommodate the delivery of the replacement aircraft; provided, however, that if the Scheduled Delivery Month is extended to a month that is later than […***** …] after the last day of the original Scheduled Delivery Month then this Agreement will terminate with respect to said Aircraft unless:

Appears in 2 contracts

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

Total Loss, Destruction or Damage. If, prior to Delivery, any Aircraft is lost or lost, destroyed or in the reasonable opinion of the Seller is damaged beyond economic repair (“Total Loss”), the Seller will shall notify the Buyer to this effect within ***** ten (10) Business Days of such occurrence. The Seller will shall include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date consistent with the Seller’s other commitments and production capabilities that an aircraft to replace the Aircraft may be delivered to the Buyer, Buyer and the Scheduled Delivery Month will shall be extended as specified in the Seller’s notice to accommodate the delivery of the replacement aircraft; provided, however, that if the Scheduled Delivery Month is extended to a month that is later than [...***** ...] after the last day of the original Scheduled Delivery Month then this Agreement will shall terminate with respect to said Aircraft unless:

Appears in 1 contract

Samples: Letter Agreement (Hawaiian Holdings Inc)

Total Loss, Destruction or Damage. If, If prior to Delivery, any Aircraft is lost or lost, destroyed or in the reasonable opinion of the Seller is damaged beyond economic repair (“Total Loss”), the Seller will shall notify the Buyer to this effect within [***** ] of such occurrence. The Seller will shall include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date consistent with the Seller’s other commitments and production capabilities that an aircraft to replace the Aircraft may be delivered to the Buyer, Buyer and the Scheduled Delivery Month will shall be extended as specified in the Seller’s notice to accommodate the delivery of the replacement aircraft; provided, however, that if in the event the specified extension of the Scheduled Delivery Month is extended to a month that is later than [***** after ] the last day of the original Scheduled Delivery Month then this Agreement will terminate with respect to said Aircraft [***] unless:

Appears in 1 contract

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

Total Loss, Destruction or Damage. If, prior to Delivery, any Aircraft is lost or lost, destroyed or in the reasonable opinion of the Seller is damaged beyond economic repair (“Total Loss”), the Seller will notify the Buyer to this effect within ***** one (1) month of such occurrence. The Seller will include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date consistent with the Seller’s other commitments and production capabilities that an aircraft to replace the such Aircraft may be delivered to the Buyer, Buyer and the Scheduled Delivery Month will be extended as specified in the Seller’s notice to accommodate the delivery of the replacement aircraft; provided, however, that if the Scheduled Delivery Month is extended to a month that is later than ***** twelve (12) months after the last day of the original Scheduled Delivery Month then this Agreement will terminate with respect to said Aircraft unless:

Appears in 1 contract

Samples: Letter Agreement (American Airlines Inc)

Total Loss, Destruction or Damage. If, prior to Delivery, any Aircraft is lost or lost, destroyed or in the reasonable opinion of the Seller is damaged beyond economic repair ("Total Loss"), the Seller will notify the Buyer to this effect within as soon as practicable but in no event more than [***** of ] after such occurrence. The Seller will include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date consistent with the Seller’s 's other commitments and production capabilities that an aircraft to replace the Aircraft may be delivered to the Buyer, Buyer and the Scheduled Delivery Month will be extended as specified in the Seller’s 's notice to accommodate the delivery of the replacement aircraft; provided, however, that if the Scheduled Delivery Month is extended to a month that is later more than [***** ] after the last day of the original Scheduled Delivery Month then this Agreement will terminate with respect to said Aircraft unless[***] :

Appears in 1 contract

Samples: Family Purchase Agreement (Spirit Airlines, Inc.)

Total Loss, Destruction or Damage. If, prior to Delivery, any Aircraft is lost or lost, destroyed or in the reasonable opinion of the Seller is damaged beyond economic repair (“Total Loss”), the Seller will notify the Buyer to this effect within ***** of such occurrence. The Seller will include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date consistent with the Seller’s other commitments and production capabilities that an aircraft to replace the Aircraft may be delivered to the Buyer, Buyer and the Scheduled Delivery Month will be extended as specified in the Seller’s notice to accommodate the delivery of the replacement aircraft; provided, however, that if the Scheduled Delivery Month is extended to a month that is later than ***** after the last day of the original Scheduled Delivery Month then this Agreement will terminate with respect to said Aircraft unless:*****

Appears in 1 contract

Samples: Letter Agreement (Virgin America Inc.)

Total Loss, Destruction or Damage. If, If prior to Delivery, any Aircraft is lost or lost, destroyed or in the reasonable opinion of the Seller is damaged beyond economic repair (“Total Loss”), the Seller will shall notify the Buyer to this effect within [***** of such occurrence]. The Seller will shall include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date consistent with the Seller’s other commitments and production capabilities that an aircraft to replace the Aircraft [***] may be delivered to the Buyer, Buyer and the Scheduled Delivery Month will shall be extended as specified in the Seller’s notice to accommodate the delivery of the replacement aircraft; provided, however, that if in the event the specified extension of the Scheduled Delivery Month is extended to a month that is later than [***] then [** after the last day of the original Scheduled Delivery Month then this Agreement will terminate with respect to said Aircraft **] unless:

Appears in 1 contract

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

Total Loss, Destruction or Damage. If, prior to Delivery, any Aircraft is lost or lost, destroyed or in the reasonable opinion of the Seller is damaged beyond economic repair (“Total Loss”), the Seller will notify the Buyer to this effect within ***** one (1) month of such occurrence. The Seller will include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date consistent with the Seller’s other commitments and production capabilities that an aircraft to replace the Aircraft may be delivered to the Buyer, Buyer and the Scheduled Delivery Month will be extended as specified in the Seller’s notice to accommodate the delivery of the replacement aircraft; provided, however, that if the Scheduled Delivery Month is extended to a month that is later than ***** twelve (12) months after the last day of the original Scheduled Delivery Month then this Agreement will terminate with respect to said Aircraft unless:

Appears in 1 contract

Samples: Purchase Agreement (Intrepid Aviation LTD)

Total Loss, Destruction or Damage. If, prior to Delivery, any Aircraft is lost or lost, destroyed or in the reasonable opinion of the Seller is damaged beyond economic repair ("Total Loss"), the Seller will notify the Buyer to this effect within ***** one (1) month of such occurrence. The Seller will include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date consistent with the Seller’s 's other commitments and production capabilities that an aircraft to replace the Aircraft may be delivered to the Buyer, Buyer and the Scheduled Delivery Month will be extended as specified in the Seller’s 's notice to accommodate the delivery of the replacement aircraft; provided, however, that if the Scheduled Delivery Month is extended to a month that is later than ***** twelve (12) months after the last day of the original Scheduled Delivery Month then this Agreement will terminate with respect to said Aircraft unless:

Appears in 1 contract

Samples: A330 200 Freighter Purchase Agreement (Aircastle LTD)

Total Loss, Destruction or Damage. If, If prior to Delivery, any Aircraft is lost or lost, destroyed or in the reasonable opinion of the Seller is damaged beyond economic repair (“Total LossLoss Aircraft”), the Seller will shall notify the Buyer to this effect effect, as soon as practicable, but in any event, within ***** one (1) month of such occurrence. The Seller will shall include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date consistent with the Seller’s other commitments and production capabilities that an aircraft to replace the Aircraft may be delivered to the Buyer, Buyer and the Scheduled Delivery Month will shall be extended as specified in the Seller’s notice to accommodate the delivery of the replacement aircraft; provided, however, that if in the event the specified extension of the Scheduled Delivery Month is extended to a month that is later than exceeding [***** ] months after the last day of the original Scheduled Delivery Month then this Agreement will shall terminate with respect to said Aircraft unless:

Appears in 1 contract

Samples: Participation Agreement (AerCap Holdings N.V.)

Total Loss, Destruction or Damage. If, If prior to Delivery, any Aircraft is lost or lost, destroyed or in the reasonable opinion of the Seller is damaged beyond economic repair (“Total Loss”"TOTAL LOSS"), the Seller will notify the Buyer Buyers to this effect within ***** of [AS AGREED BY THE PARTIES]of such occurrence. The Seller will include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date consistent with the Seller’s 's other commitments and production capabilities that an aircraft to replace the Aircraft may be delivered to the Buyer, Buyers and the Scheduled Delivery Month will be extended as specified in the Seller’s 's notice to accommodate the delivery of the replacement aircraft; provided. However, however, that if the Scheduled Delivery Month is extended to a month that is later than ***** after the last day of the original Scheduled Delivery Month [AS AGREED BY THE PARTIES], then this Agreement will terminate with respect to said Aircraft unless:

Appears in 1 contract

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

Total Loss, Destruction or Damage. If, prior to Delivery, any Aircraft is lost or lost, destroyed or in the reasonable opinion of the Seller is damaged beyond economic repair (“Total Loss”), the Seller will notify the Buyer to this effect within ***** of such occurrence. The Seller will include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date consistent with the Seller’s other commitments and production capabilities that an aircraft to replace the Aircraft may be delivered to the Buyer, Buyer and the Scheduled Delivery Month will be extended as specified in the Seller’s notice to accommodate the delivery of the replacement aircraft; provided. However, however, that if the Scheduled Delivery Month is extended to a month that is later than ***** after the last day of the original Scheduled Delivery Month Month, then this Agreement will terminate with respect to said Aircraft unless:

Appears in 1 contract

Samples: Letter Agreement (Us Airways Inc)

Total Loss, Destruction or Damage. If, If prior to Delivery, any Aircraft is lost or lost, destroyed or in the reasonable opinion of the Seller is damaged beyond economic repair (“Total Loss”), the Seller will shall notify the Buyer to this effect within ***** of such occurrence. The Seller will shall include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date consistent with the Seller’s other commitments and production capabilities that an aircraft to replace the Aircraft may be delivered to the Buyer, Buyer and the Scheduled Delivery Month will shall be extended as specified in the Seller’s notice to accommodate the delivery of the replacement aircraft; provided, however, that if in the event the specified extension of the Scheduled Delivery Month is extended to a month that is later than exceeding ***** after the last day of the original Scheduled Delivery Month then this Agreement will shall terminate with respect to said Aircraft unless:

Appears in 1 contract

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

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Total Loss, Destruction or Damage. If, prior to Delivery, any Aircraft is lost or lost, destroyed or in the reasonable opinion of the Seller is damaged beyond economic repair (“Total Loss”), the Seller will notify the Buyer to this effect within [***** ] of such occurrence. The Seller will include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date consistent with the Seller’s 's other commitments and production capabilities that an aircraft to replace the Aircraft may be delivered to the Buyer, Buyer and the Scheduled Delivery Month will be extended as specified in the Seller’s 's notice to accommodate the delivery of the replacement aircraft; provided, however, that if the Scheduled Delivery Month is extended to a month that is later than [***** ] after the last day of the original Scheduled Delivery Month then this Agreement will terminate with respect to said Aircraft unless:

Appears in 1 contract

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

Total Loss, Destruction or Damage. If, If prior to Delivery, any Aircraft is lost or lost, destroyed or in the reasonable opinion of the Seller is damaged beyond economic repair ("Total Loss"), the Seller will shall notify the Buyer to this effect within ***** one (1) month of such occurrence. The Seller will shall include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date consistent with the Seller’s 's other commitments and production capabilities that an aircraft to replace the Aircraft may be delivered to the Buyer, Buyer and the Scheduled Delivery Month will shall be extended as specified in the Seller’s 's notice to accommodate the delivery of the replacement aircraft; : provided, however, that if in the event the specified extension of the Scheduled Delivery Month is extended to a month that is later than ***** exceeding twelve (12) months after the last day of the original Scheduled Delivery Month then this Agreement will shall terminate with respect to said Aircraft unless:[DELETED].

Appears in 1 contract

Samples: Airbus Purchase Agreement (Gatx Capital Corp)

Total Loss, Destruction or Damage. If, If prior to Delivery, any Aircraft is lost or lost, destroyed or in the reasonable opinion of the Seller is damaged beyond economic repair (“Total Loss”), the Seller will shall notify the Buyer to this effect within ***** of such occurrence. The Seller will shall include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date consistent with the Seller’s 's other commitments and production capabilities that an a new aircraft to replace the Aircraft may be delivered to the Buyer, Buyer and the Scheduled Delivery Month will shall be extended as specified in the Seller’s 's notice to accommodate the delivery of the replacement aircraft; provided, however, that if in the event the specified extension of the Scheduled Delivery Month is extended to a month that is later than **exceeding *** after the last day of the original Scheduled Delivery Month then this the relevant Purchase Agreement will and the AGTA shall terminate with respect to said Aircraft unless:

Appears in 1 contract

Samples: Letter Agreement (China Southern Airlines Co LTD)

Total Loss, Destruction or Damage. If, If prior to Delivery, any Aircraft is lost or lost, destroyed or in the reasonable opinion of the Seller is damaged beyond economic repair (“Total Loss”), the Seller will shall notify the Buyer to this effect within ***** of such occurrence. The Seller will shall include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date consistent with the Seller’s other commitments and production capabilities that an aircraft to replace the Aircraft may be delivered to the Buyer, Buyer and the Scheduled Delivery Month will shall be extended as specified in the Seller’s notice to accommodate the delivery of the replacement aircraft; provided, however, that if in the event the specified extension of the Scheduled Delivery Month is extended to a month that is later than ***** after the last day of the original Scheduled Delivery Month then this Agreement will terminate with respect to said Aircraft unless:*

Appears in 1 contract

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

Total Loss, Destruction or Damage. If, prior to Delivery, any Aircraft is lost or lost, destroyed or in the reasonable opinion of the Seller is damaged beyond economic repair (“Total Loss”), the Seller will notify the Buyer to this effect within ***** of such occurrence. The Seller will include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date consistent with the Seller’s other commitments and production capabilities that an aircraft to replace the Aircraft may be delivered to the Buyer, Buyer and the Scheduled Delivery Month will be extended as specified in the Seller’s notice to accommodate the delivery of the replacement aircraft; provided, however, that if the Scheduled Delivery Month is extended to a month that is later than ***** twelve (12) months after the last day of the original Scheduled Delivery Month then this Agreement will terminate with respect to said Aircraft unless***:

Appears in 1 contract

Samples: Letter Agreement (United Airlines, Inc.)

Total Loss, Destruction or Damage. If, If prior to Delivery, any Aircraft is lost or lost, destroyed or in the reasonable opinion of the Seller is damaged beyond economic repair (“Total Loss”), the Seller will shall notify the Buyer to this effect within [***** ] of such occurrence. The Seller will shall include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date consistent with the Seller’s other commitments and production capabilities that an aircraft to replace the Aircraft may be delivered to the Buyer, Buyer and the Scheduled Delivery Month will shall be extended as specified in the Seller’s notice to accommodate the delivery of the replacement aircraft; provided, however, that if in the event the specified extension of the Scheduled Delivery Month is extended to a month that is later than exceeding [***** ] after the last day of the original Scheduled Delivery Month then this Agreement will shall terminate with respect to said Aircraft unless:

Appears in 1 contract

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

Total Loss, Destruction or Damage. If, prior to Delivery, any Aircraft is lost or lost, destroyed or in the commercially reasonable opinion of the Seller is damaged beyond economic repair (“Total Loss”), the Seller will notify the Buyer to this effect (and provide reasonable supporting documentation thereof) within ***** one (1) month of such occurrence. The Seller will include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date consistent with the Seller’s other commitments and production capabilities that an aircraft to replace the Aircraft may be delivered to the Buyer, Buyer and the Scheduled Delivery Month will be extended as specified in the Seller’s notice to accommodate the delivery of the replacement aircraft; provided, however, that if the Scheduled Delivery Month is extended to a month that is later than ***** after the last day of the original Scheduled Delivery Month then this Agreement will terminate with respect to said Aircraft unless:

Appears in 1 contract

Samples: Purchase Agreement (Intrepid Aviation LTD)

Total Loss, Destruction or Damage. If, If prior to Delivery, any Aircraft is lost or lost, destroyed or in the reasonable opinion of the Seller is damaged beyond economic repair (“Total Loss”"TOTAL LOSS"), the Seller will shall notify the Buyer to this effect within ***** days of such occurrence. , or in the case of loss or destruction within * The Seller will shall include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date consistent with the Seller’s 's other commitments and production capabilities that an aircraft to replace the Aircraft may be delivered to the Buyer, Buyer and the Scheduled Delivery Month will shall be extended as specified in the Seller’s 's notice to accommodate the delivery of the replacement aircraft; provided, however, that if in the event the specified extension of the Scheduled Delivery Month is extended to a month that is later than ****exceeding * months after the last day of the original Scheduled Delivery Month then this Agreement will shall terminate with respect to said Aircraft unless:

Appears in 1 contract

Samples: Letter Agreement (Tam S.A.)

Total Loss, Destruction or Damage. If, If prior to Delivery, any Aircraft is lost or lost, destroyed or in the reasonable opinion of the Seller is damaged beyond economic repair (“Total Loss”), the Seller will shall notify the Buyer to this effect within [***** *] of such occurrence. The Seller will shall include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date consistent with the Seller’s other commitments and production capabilities that an aircraft to replace the Aircraft may be delivered to the Buyer, Buyer and the Scheduled Delivery Month will shall be extended as specified in the Seller’s notice to accommodate the delivery of the replacement aircraft; provided, however, that if in the event the specified extension of the Scheduled Delivery Month is extended to a month that is later than [***** *] after the last day of the original Scheduled Delivery Month then this Agreement will terminate with respect to said Aircraft unless[*****]:

Appears in 1 contract

Samples: A320 Neo Purchase Agreement (Azul Sa)

Total Loss, Destruction or Damage. If, If prior to Delivery, any Aircraft is lost or lost, destroyed or in the reasonable opinion of the Seller is damaged beyond economic repair (“Total Loss”), the Seller will shall notify the Buyer to this effect within [***** ] of such occurrence. The Seller will shall include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date consistent with the Seller’s other commitments and production capabilities that an aircraft to replace the Aircraft may be delivered to the Buyer, Buyer and the Scheduled Delivery Month will shall be extended as specified in the Seller’s notice to accommodate the delivery of the replacement aircraftaircraft ; provided, however, that if in the event the specified extension of the Scheduled Delivery Month is extended to a month that is later than ***** exceeding twelve (12) months after the last day of the original Scheduled Delivery Month then this Agreement will shall terminate with respect to said Aircraft unless:

Appears in 1 contract

Samples: A350 XWB Purchase Agreement (Latam Airlines Group S.A.)

Total Loss, Destruction or Damage. If, prior to Delivery, any Aircraft is lost or lost, destroyed or in the reasonable opinion of the Seller is damaged beyond economic repair (“Total Loss”), the Seller will notify the Buyer to this effect within ***** thirty (30) days of such occurrence. The Seller will include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date consistent with the Seller’s other commitments and production capabilities that an aircraft to replace the Aircraft may be delivered to the Buyer, Buyer and the Scheduled Delivery Month will be extended as specified in the Seller’s notice to accommodate the delivery of the replacement aircraft; provided, however, that if the Scheduled Delivery Month is extended to a month that is later than ***** twelve (12) months after the last day of the original Scheduled Delivery Month then this Agreement will terminate with respect to said Aircraft unless:

Appears in 1 contract

Samples: Letter Agreement (Hawaiian Holdings Inc)

Total Loss, Destruction or Damage. If, prior to Delivery, any Aircraft is lost or lost, destroyed or in the reasonable opinion of the Seller is damaged beyond economic repair ("Total Loss"), the Seller will notify the Buyer to this effect within [***** ] month of such occurrence. The Seller will include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date consistent with the Seller’s 's other commitments and production capabilities that an aircraft to replace the Aircraft may be delivered to the Buyer, Buyer and the Scheduled Delivery Month will be extended as specified in the Seller’s 's notice to accommodate the delivery of the replacement aircraft; provided, however, that if the Scheduled Delivery Month is extended to a month that is later more than [***** ] after the last day of the original Scheduled Delivery Month then this Agreement will terminate with respect to said Aircraft unless:[***]

Appears in 1 contract

Samples: Family Purchase Agreement (Spirit Airlines, Inc.)

Total Loss, Destruction or Damage. If, If prior to Delivery, any Aircraft is lost or lost, destroyed or in the reasonable opinion of the Seller is damaged beyond economic repair (“Total Loss”), the Seller will shall notify the Buyer to this effect within [***** ] of such occurrence, or in the case of loss or destruction within [***]. The Seller will shall include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date consistent with the Seller’s other commitments and production capabilities that an aircraft to replace the Aircraft may be delivered to the Buyer, Buyer and the Scheduled Delivery Month will shall be extended as specified in the Seller’s notice to accommodate the delivery of the replacement aircraft; provided, however, that if in the event the specified extension of the Scheduled Delivery Month is extended to a month that is later than exceeding [***** ] after the last day of the original Scheduled Delivery Month then this Agreement will shall terminate with respect to said Aircraft unless:

Appears in 1 contract

Samples: Purchase Agreement (Latam Airlines Group S.A.)

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