Training Courses. 16.4.1 Training courses, as well as the minimum and maximum numbers of trainees per course provided for the Buyer’s personnel, are defined in the applicable training course catalog published by ANACS (the “Training Course Catalog”) and will be scheduled as mutually agreed upon during a training conference (the “Training Conference”) that will be held as soon as practicable after signature of this Agreement and no later than May 31, 2007. AVA - A320 Family PA AMENDED AND RESTATED 16.4.2 The following terms will apply when training is performed ANACS: (i) Subject to 16.4.2(ii) below, training courses will be standard Airbus courses as described in ANACS applicable Training Course Catalog valid at the time of execution of the course. ANACS will be responsible for all training course syllabi, training aids and training equipment (not to include aircraft) necessary for the organization of the training courses. (ii) Where ANACS agrees to perform training using Buyer’s standard courses, Buyer will be responsible for taking all steps necessary to assure approval by applicable Aviation Authorities of such training (including any needed approvals of specific ANACS instructors). (iii) The training curricula and the training equipment used for flight crew, cabin crew and maintenance training will not be fully customized but will be configured in order to obtain the relevant Aviation Authority’s approval and to support the Seller’s training programs. Notwithstanding the foregoing, the training curricula used for training performed under such circumstances shall enumerate any differences that exist between the non-customized material and Buyer’s detailed specification. (iv) Training data and documentation necessary for training detailed in Appendix A to this Clause 16 will be and will not be revised. Training data and documentation will be marked “FOR TRAINING ONLY” and as such will be supplied for the sole and express purpose of training. (v) Upon the request of the Buyer [*], the Seller will collect and pack for consolidated shipment to the Buyer’s facility, all training data and documentation of the Buyer’s trainees attending training at the Seller’s Training Center. This training data and documentation will be delivered [*]. It is understood that title to and risk of loss of the training data and documentation will pass to the Buyer [*]. 16.4.3.1 If the Buyer decides to cancel fully or partially or reschedule, a training course, a minimum advance notification of at least [*] calendar days prior to the relevant training course start date is required. 16.4.3.2 If such notification is received by the Seller or ANACS less than [*] but more than [*] calendar days prior to such training, a cancellation fee corresponding to [*] of such training will be deducted from the training allowance defined in Appendix A to the extent sufficient allowance then remains, with any balance invoiced at the price corresponding to such training in the then current ANACS Customer Services Catalog. 16.4.3.3 If such notification is received by the Seller less than [*] calendar days prior [*] of such training will be deducted from the training allowance defined in Appendix A to the extent sufficient allowance then remains, with any balance invoiced at the price corresponding to such training in the then current ANACS Customer Services Catalog. 16.4.3.4 [*]
Appears in 3 contracts
Samples: Purchase Agreement (Avianca Holdings S.A.), Purchase Agreement (Avianca Holdings S.A.), Purchase Agreement (Avianca Holdings S.A.)
Training Courses. 16.4.1 16.3.1 Training courses, courses will be as well as described in the Seller’s customer services catalog (the “Seller’s Customer Services Catalog”). The Seller’s Customer Services Catalog also sets forth the minimum and maximum numbers number of trainees per course provided for the Buyer’s personnel, are defined in the applicable course. All training requests or training course catalog published by ANACS (changes made outside of the “scope of the Training Course Catalog”) and Conference will be scheduled as mutually agreed upon during submitted by the Buyer with a training conference (the “Training Conference”) that will be held as soon as practicable after signature minimum of this Agreement and no later than May 31, 2007. AVA - A320 Family PA AMENDED AND RESTATED[…***…] prior notice.
16.4.2 16.3.2 The following terms and conditions will apply when to training is performed ANACSby the Seller:
(i) Subject to 16.4.2(ii) below, training Training courses will be the Seller’s standard Airbus courses as described in ANACS applicable Training Course the Seller’s Customer Services Catalog valid at the time of execution of the course. ANACS The Seller will be responsible for all training course syllabi, training aids and training equipment (not to include aircraft) necessary for the organization of the training courses.. For the avoidance of doubt, such training equipment does not include provision of aircraft for the purpose of performing training,
(ii) Where ANACS agrees to perform training using Buyer’s standard courses, Buyer will be responsible for taking all steps necessary to assure approval by applicable Aviation Authorities of such training (including any needed approvals of specific ANACS instructors).
(iii) The training curricula equipment and the training equipment curricula used for flight crewthe training of flight, cabin crew and maintenance training personnel will not be fully customized but will be configured in order to obtain the relevant Aviation Authority’s approval and to support the Seller’s training programs. Notwithstanding the foregoing, the training curricula used for training performed under such circumstances shall enumerate any differences that exist between the non-customized material and Buyer’s detailed specification.
(iviii) Training data and documentation necessary for trainees receiving the training detailed in Appendix A to this Clause 16 at the Seller’s Training Centers will be and will not be revisedprovided free of charge. Training data and documentation will be marked “FOR TRAINING ONLY” and as such will be are supplied for the sole and express purpose of training.
(v) Upon the request of the Buyer [*], the Seller will collect and pack for consolidated shipment to the Buyer’s facility, all training data and documentation of the Buyer’s trainees attending training at the Seller’s Training Center. This ; training data and documentation will not be delivered [revised.
16.3.3 When the Seller’s training courses are provided by the Seller’s instructors (individually an “Instructor” and collectively “Instructors”) the Seller will deliver a Certificate of Recognition or a Certificate of Course Completion (each a “Certificate”) or an attestation (an “Attestation”), as applicable, at the end of any such training course. Any such Certificate or Attestation will not represent authority or qualification by any Aviation Authority but may be presented to such Aviation Authority in order to obtain relevant formal qualification. In the event of training courses being provided by a training provider selected by the Seller as set forth in Clause 16.2.2, the Seller will cause such training provider to deliver a Certificate or Attestation, which will not represent authority or qualification by any Aviation Authority, but may be presented to such Aviation Authority in order to obtain relevant formal qualification. *]** Confidential Treatment Requested
16.3.4.1 Should the Buyer wish to exchange any of the training courses provided under Appendix A hereto, the Buyer will place a request for exchange to this effect with the Seller. The Buyer may exchange, subject to the Seller’s confirmation, the training allowances granted under Appendix A of the present Agreement as follows:
(i) flight operations training courses listed in Article 1 of Appendix A may be exchanged for any flight operations training courses described in the Seller’s Customer Services Catalog current at the time of the Buyer’s request;
(ii) maintenance training courses listed in Article 3 of Appendix A may be exchanged for any maintenance training courses described in the Seller’s Customer Services Catalog current at the time of the Buyer’s request;
(iii) should any one of the allowances granted thereunder (flight operations or maintenance) have been fully drawn upon, the Buyer will be entitled to exchange flight operations or maintenance training courses as needed against the remaining allowances. The exchange value will be based on the Seller’s “Training Course Exchange Matrix” applicable at the time of the request for exchange and provided to the Buyer at such time. It is understood that title the above provisions will apply to and risk the extent that training allowances granted under Appendix A remain in credit to the full extent necessary to perform the exchange. All requests to exchange training courses will be submitted by the Buyer with a minimum of loss […***…] prior notice. The requested training will be subject to the Seller’s then existing planning constraints.
16.3.4.2 Should the Buyer use none or only part of the training data and documentation to be provided pursuant to this Clause 16, no compensation or credit of any nature will pass to be provided.
16.3.5.1 Should the Buyer [*].
16.4.3.1 If the Buyer decides decide to cancel fully or partially or reschedule, reschedule a training course, fully or partially, and irrespective of the location of the training, a minimum advance notification of at least [*] sixty (60) calendar days prior to the relevant training course start date is required.
16.4.3.2 16.3.5.2 If such the notification is received by the Seller or ANACS occurs less than [*] sixty (60) but more than forty-five (45) calendar days prior to such training, a cancellation fee corresponding […***…] will be, as applicable, either deducted from the training allowance defined in Appendix A or invoiced at the Seller’s then applicable price. 20130318_CT1242023_PA_A321neo_HAL Page 75 of 109 *** Confidential Treatment Requested
16.3.5.3 If the notification occurs less than forty five (45) calendar days prior to such training, a cancellation fee corresponding to […***…] of such training will be be, as applicable, either deducted from the training allowance defined in Appendix A to the extent sufficient allowance then remains, with any balance or invoiced at the price corresponding to such training in the Seller’s then current ANACS Customer Services Catalogapplicable price.
16.4.3.3 If such notification is received by the Seller less than [*] calendar days prior [*] of such training 16.3.5.4 All courses exchanged under Clause 16.3.
4.1 will be deducted from the training allowance defined in Appendix A remain subject to the extent sufficient allowance then remains, with any balance invoiced at the price corresponding to such training in the then current ANACS Customer Services Catalogprovisions of this Clause 16.3.5.
16.4.3.4 [*]
Appears in 2 contracts
Samples: Purchase Agreement (Hawaiian Holdings Inc), Purchase Agreement (Hawaiian Holdings Inc)
Training Courses. 16.4.1 Training coursesThe training courses offered by the Seller, as well as the minimum and maximum numbers of trainees per course provided for the Buyer’s personnelcourse, are defined in the applicable catalogue describing the Seller’s various training course catalog published by ANACS courses (the “Seller’s Training Course Catalog”) and will be scheduled as mutually agreed upon during a training conference (“the “Training Conference”) that will to be held as soon as practicable after signature at least twelve (12) months prior to Delivery of this Agreement and no later than May 31, 2007. AVA - A320 Family PA AMENDED AND RESTATEDthe first Aircraft.
16.4.2 The following terms will apply when When training is performed ANACSby the Seller:
(i) Subject to 16.4.2(ii) below, The training courses run will be the Seller’s standard Airbus courses as described in ANACS applicable the Seller’s Training Course Catalog valid which is applicable at the time of execution of the coursethat time. ANACS The Seller will be responsible for all training the course syllabi, programmes as well as the training aids and training equipment (not to include aircraft) material necessary for the organization organisation of the training these courses.
(ii) Where ANACS agrees to perform The course content and material used for training using may not be totally customised. However, at the Buyer’s standard coursesrequest, the course content must be modified in order to include the most important specific features of the Buyer’s Aircraft (with the exception of Buyer will be responsible for taking all steps necessary to assure approval by applicable Aviation Authorities Furnished Equipment - BFE) which are known no later than [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] before the start of such training (including any needed approvals of specific ANACS instructors).
(iii) the first course. The training curricula and the training equipment material used for training flight crew, cabin crew and maintenance training personnel will not be fully customized but customised. However, this material will be configured in order to obtain the relevant approval of the Aviation Authority’s approval Authorities and to support the Seller’s training programsprogrammes. Notwithstanding the foregoing, the training curricula used for training performed under such circumstances shall enumerate any differences that exist between the non-customized material Training data and Buyer’s detailed specification.documentation will not be subject to revision;
(iviii) Training data and documentation necessary for distributed to trainees as part of the training detailed in Appendix A to offered under this Clause 16 Agreement will be and will not be revisedprovided free of charge. Training data and documentation will be marked “FOR TRAINING ONLY” and as such will be are supplied for the sole and express purpose of training.
(viv) Upon At the request of the Buyer [*]Buyer’s request, and for those trainees following courses in BLAGNAC, FRANCE, the Seller will collect and pack for consolidated shipment package the training documentation and data in order to ship these to the Buyer’s facilitybase. These will be shipped FCA Toulouse, all training data and documentation Blagnac Airport, in accordance with the definition of this term given in publication No. 460 of the Buyer’s trainees attending International Chamber of Commerce, published in April 1990. Ownership of the training at the Seller’s Training Center. This training documentation and data and documentation will be delivered [*]. It is understood that title to and as well as any risk of loss of the training data and documentation or damage will pass be transferred to the Buyer [*]upon delivery.
16.4.3.1 If the 16.4.3 The Buyer decides will have a minimum notice period of [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] in which to notify its wish to cancel fully or partially or reschedule, reschedule a training course. If this notice period is not observed, a minimum advance notification of at least [*] calendar days prior to the relevant training course start date is required.
16.4.3.2 If such notification is received by and if the Seller or ANACS less than [*] but more than [*] calendar days prior cannot reassign the courses to such trainingother clients, a cancellation fee corresponding to [*] of such training these courses will either be deducted from the training allowance defined in Appendix A window allocated to the extent sufficient allowance then remains, with any balance invoiced at Buyer or the price corresponding to such training in the then current ANACS Customer Services CatalogBuyer will be charged accordingly.
16.4.3.3 If 16.4.4 At the end of the training activities carried out pursuant to this Article 16, the Seller will issue the trainees with a training certificate. [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] The Seller’s certification will in no way constitute official recognition or qualification given by any Aeronautical Authority whatsoever, but may be submitted to any such notification authority in order to obtain the appropriate formal qualification. In the training is received provided by a external training centre, selected by the Seller, the Seller less than [*] calendar days prior [*] of will ensure that this training centre offers a similar certification. This certification will in no way constitute official recognition or qualification given by any Aeronautical Authority whatsoever, but may be submitted to any such training will be deducted from authority in order to obtain the training allowance defined in Appendix A to the extent sufficient allowance then remains, with any balance invoiced at the price corresponding to such training in the then current ANACS Customer Services Catalogappropriate formal qualification.
16.4.3.4 [*]
Appears in 2 contracts
Samples: Purchase Agreement (Air France /Fi), Purchase Agreement (Air France /Fi)
Training Courses. 16.4.1 Training courses, as well as the minimum and maximum numbers of trainees per course provided for the Buyer’s personnel, are defined in the applicable training course catalog published by ANACS (the Seller the “Training Course Customer Services Catalog”) and will be scheduled as mutually agreed upon during a training conference (the “Training Conference”) that will be held as soon as practicable after signature of this Agreement and no later than May 31, 2007. AVA - A320 Family PA AMENDED AND RESTATED).
16.4.2 The following terms will apply when training is performed ANACSby the Seller:
(i) Subject to 16.4.2(ii) below, training courses will be standard Airbus courses as described in ANACS applicable Training Course the Seller Customer Services Catalog valid at the time of execution of the course. ANACS The Seller will be responsible for all training course syllabi, training aids and training equipment (not to include aircraft) necessary for the organization of the training courses.
(ii) Where ANACS the Seller agrees to perform training using Buyer’s standard courses, Buyer will be responsible for taking all steps necessary to assure approval by applicable Aviation Authorities of such training (including any needed approvals of specific ANACS Seller instructors).
(iii) The training curricula and the training equipment used for flight crew, cabin crew and maintenance training will not be fully customized but will be configured in order to obtain the relevant Aviation Authority’s approval and to support the Seller’s training programs. Notwithstanding the foregoing, the training curricula used for training performed under such circumstances shall enumerate any differences that exist between the non-customized material and Buyer’s detailed specification.
(iv) Training data and documentation necessary for training detailed in Appendix A to this Clause 16 will be [*] and will not be revised. Training data and documentation will be marked “FOR TRAINING ONLY” and as such will be supplied for the sole and express purpose of training.
(v) Upon the request of the Buyer [*], the Seller will collect and pack for consolidated shipment to the Buyer’s facility, all training data and documentation of the Buyer’s trainees attending training at the Seller’s Training Center. This training data and documentation will be delivered [*]. It is understood that title to and risk of loss of the training data and documentation will pass to the Buyer [*].
16.4.2.1 Should the Buyer wish to exchange any of the training courses provided under Appendix A hereto, the Buyer shall place a request for exchange to this effect with the Seller. The Buyer may exchange, subject to the Seller’s confirmation, the training allowances granted under Appendix A of the present Agreement as follows:
(i) flight operations training courses as listed under Article 1 of Appendix A against any flight operations training courses described in the Seller’s Customer Services Catalog current at the time of the Buyer’s request;
(ii) maintenance training courses as listed under Article 3 of Appendix A against any maintenance training courses described in the Seller’s Customer Services Catalog current at the time of the Buyer’s request;
(iii) should any one of the allowances granted thereunder (flight operations or maintenance) have been fully drawn upon, the Buyer shall be entitled to exchange flight operations or maintenance training courses as needed against the remaining allowances. AVTA - A320 Family & A320 NEO Family PA The exchange value shall be based on the Seller’s “Training Course Exchange Matrix” applicable at the time of the request for exchange and which shall be provided to the Buyer at such time. It is understood that the above shall apply to the extent that training allowances granted under Appendix A remain in credit to the full extent necessary to perform the exchange. All requests to exchange training courses shall be submitted by the Buyer with a minimum of [*] prior notice. The requested training shall be subject to the Seller’s then existing planning constraints.
16.4.3.1 If the Buyer decides to cancel fully or partially or reschedule, a training course, a minimum advance notification of at least [*] calendar days prior to the relevant training course start date is required.
16.4.3.2 If such notification is received by the Seller or ANACS less than [*] but more than [*] calendar days prior to such training, a cancellation fee corresponding to [*] of such training will be deducted from the training allowance defined in Appendix A to the extent sufficient allowance then remains, with any balance invoiced at the price corresponding to such training in the then current ANACS Customer Services Catalog.
16.4.3.3 If such notification is received by the Seller less than [*] calendar days prior to such [*] of such training will be deducted from the training allowance defined in Appendix A to the extent sufficient allowance then remains, with any balance invoiced at the price corresponding to such training in the then current ANACS Customer Services Catalog.
16.4.3.4 [*]
Appears in 2 contracts
Samples: Purchase Agreement (Avianca Holdings S.A.), Purchase Agreement (Avianca Holdings S.A.)
Training Courses. 16.4.1 16.3.1 Training courses, courses will be as well as described in the Seller’s customer services catalog (the “Seller’s Customer Services Catalog”). The Seller’s Customer Services Catalog also sets forth the minimum and maximum numbers number of trainees per course provided for the Buyer’s personnel, are defined in the applicable course. All training requests or training course catalog published by ANACS (changes made outside of the “scope of the Training Course Catalog”) and Conference will be scheduled as mutually agreed upon during submitted by the Buyer with a training conference (the “Training Conference”) that will be held as soon as practicable after signature minimum of this Agreement and no later than May 31, 2007. AVA - A320 Family PA AMENDED AND RESTATED***** prior notice.
16.4.2 16.3.2 The following terms and conditions will apply when to training is performed ANACS:by the Seller: ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.
(i) Subject to 16.4.2(ii) below, training Training courses will be the Seller’s standard Airbus courses as described in ANACS applicable Training Course the Seller’s Customer Services Catalog valid at the time of execution of the course. ANACS The Seller will be responsible for all training course syllabi, training aids and training equipment (not to include aircraft) necessary for the organization of the training courses. For the avoidance of doubt, such training equipment does not include provision of aircraft for the purpose of performing training.
(ii) Where ANACS agrees to perform training using Buyer’s standard courses, Buyer will be responsible for taking all steps necessary to assure approval by applicable Aviation Authorities of such training (including any needed approvals of specific ANACS instructors).
(iii) The training curricula equipment and the training equipment curricula used for flight crewthe training of flight, cabin crew and maintenance training personnel will not be fully customized but will be configured in order to obtain the relevant Aviation Authority’s approval and to support the Seller’s training programs. Notwithstanding the foregoing, the training curricula used for training performed under such circumstances shall enumerate any differences that exist between the non-customized material and Buyer’s detailed specification.
(iviii) Training data and documentation necessary for trainees receiving the training detailed in Appendix A to this Clause 16 at the Seller’s Training Centers will be and will not be revised*****. Training data and documentation will be marked “FOR TRAINING ONLY” and as such will be are supplied for the sole and express purpose of training.
(v) Upon the request of the Buyer [*], the Seller will collect and pack for consolidated shipment to the Buyer’s facility, all training data and documentation of the Buyer’s trainees attending training at the Seller’s Training Center. This ; training data and documentation will not be delivered [revised.
16.3.3 When the Seller’s training courses are provided by the Seller’s instructors (individually an “Instructor” and collectively “Instructors”) the Seller will deliver a Certificate of Recognition or a Certificate of Course Completion (each a “Certificate”) or an attestation (an “Attestation”), as applicable, at the end of any such training course. Any such Certificate or Attestation will not represent authority or qualification by any Aviation Authority but may be presented to such Aviation Authority in order to obtain relevant formal qualification. In the event of training courses being provided by a training provider selected by the Seller as set forth in Clause 16.2.2, the Seller will cause such training provider to deliver e a Certificate or Attestation, which will not represent authority or qualification by any Aviation Authority, but may be presented to such Aviation Authority in order to obtain relevant formal qualification.
16.3.3.1 Should the Buyer wish to exchange any of the training courses provided under Appendix A to this Clause 16, the Buyer will place a request for exchange to this effect with the Seller. The Buyer may exchange, subject to the Seller’s confirmation, the *]**** under Appendix A to this Clause 16 as follows:
(i) flight operations training courses as listed under Article 1 of Appendix A to this Clause 16 may be exchanged for any flight operations training courses described in the Seller’s Customer Services Catalog current at the time of the Buyer’s request;
(ii) maintenance training courses as listed under Article 3 of Appendix A to this Clause 16 may be exchanged for any maintenance training courses described in the Seller’s Customer Services Catalog current at the time of the Buyer’s request; ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.
(iii) should any one of the ***** thereunder (flight operations or maintenance) have been fully drawn upon, the Buyer will be entitled to exchange for flight operations or maintenance training courses as needed against the remaining allowances. The exchange value will be based on the Seller’s Training Course Exchange Matrix applicable at the time of the request for exchange and which will be provided to the Buyer at such time. It is understood that title the above provisions will apply to and risk the extent that ***** under Appendix A to this Clause 16 remain available to the full extent necessary to perform the exchange. All requests to exchange training courses will be submitted by the Buyer with a minimum of loss ***** prior notice. The requested training will be subject to the Seller’s then existing planning constraints.
16.3.3.2 Should the Buyer use none or only part of the training data and documentation to be provided pursuant to this Clause 16, no compensation or non-training credit of any nature will pass to be provided.
16.3.3.3 Should the Buyer [*].
16.4.3.1 If the Buyer decides decide to cancel fully or partially or reschedule, reschedule a training course, fully or partially, and irrespective of the location of the training, a minimum advance notification of at least [*] calendar days **** prior to the relevant training course start date is required.
16.4.3.2 16.3.3.4 If such the notification is received by the Seller or ANACS less than [occurs *] but more than [*] calendar days *** prior to such training, a cancellation fee corresponding to [*] **** of such training will be be, as applicable, either deducted from the training allowance defined in Appendix A to the extent sufficient allowance then remains, with any balance this Clause 16 or invoiced at the price corresponding Seller’s then applicable price.
16.3.3.5 If the notification occurs ***** prior to such training in the then current ANACS Customer Services Catalog.
16.4.3.3 If such notification is received by the Seller less than [training, a *] calendar days prior [*] *** of such training will be be, as applicable, either deducted from the training allowance ***** defined in Appendix A to the extent sufficient allowance then remains, with any balance this Clause 16 or invoiced at the price corresponding to such training in the Seller’s then current ANACS Customer Services Catalogapplicable price.
16.4.3.4 [*]16.3.3.6 All courses exchanged under Clause 16.
3.3.1 will remain subject to the provisions of this Clause 16.3.3.
Appears in 2 contracts
Samples: Purchase Agreement (Frontier Group Holdings, Inc.), Purchase Agreement (Frontier Group Holdings, Inc.)
Training Courses. 16.4.1 Training courses, as well as the minimum and maximum numbers of trainees per course provided for the Buyer’s personnel, are defined in the applicable training course catalog published by ANACS the Seller (the “Training Course Catalog”) and will shall be scheduled as mutually agreed upon by Seller during a training conference (the “Training Conference”) that will shall be held as soon as practicable after signature of this Agreement and no later than May 31, 2007[…***…] prior to Delivery of the first Aircraft. AVA - A320 Family PA AMENDED AND RESTATEDThe training courses provided under this Clause 16 shall be scheduled to accommodate the delivery schedule set forth in Clause 9 and shall be available to the Buyer […***…].
16.4.2 The following terms will shall apply when training is performed ANACSby AACS:
(i) Subject to 16.4.2(ii) below, training Training courses will shall be standard Airbus courses as described in ANACS the applicable Training Course Catalog valid at the time of execution of the course. ANACS will AACS shall be responsible for all training course syllabi, training aids personnel, and training equipment (not to include aircraft) necessary for the organization of the training courses, all of which shall, if applicable, be approved by the Buyer’s Aviation Authority.
(ii) Where ANACS agrees to perform training using Buyer’s standard courses, Buyer will be responsible for taking all steps necessary to assure approval by applicable Aviation Authorities of such training (including any needed approvals of specific ANACS instructors).
(iii) The training curricula and the training equipment used for flight crew, cabin crew and maintenance training will shall not be fully customized but will shall be configured in order to obtain the relevant Aviation Authority’s approval and to support the Seller’s training programs. Notwithstanding the foregoing, the training curricula used for training performed under such circumstances shall enumerate any differences that exist between the non-customized material and Buyer’s detailed specification.
(iviii) Training data and documentation necessary for training detailed in Appendix A to this Clause 16 will shall be free-of-charge and will shall not be revised. Training data and documentation will shall be marked “FOR TRAINING ONLY” and as such will shall be supplied for the sole and express purpose of training.
(v) Upon 16.4.3.1 The Buyer may, by written request to the Seller delivered at least […***…] prior to the commencement of any training to which such request of applies, exchange, subject to the Buyer [*]Seller’s consent, the Seller will collect and pack training allowances listed in Appendix A as follows: HAL – X000 XX0-00 XXX X000 XX - XX0 Miscellaneous *** Confidential Treatment Requested
(i) flight operations training courses listed in Article 1 of Appendix A may be exchanged for consolidated shipment to any flight operations training courses described in the BuyerSeller’s facility, all training data and documentation Customer Services Catalog current at the time of the Buyer’s trainees attending request, or for dry simulator training;
(ii) maintenance training at courses listed in Article 2 of Appendix A may be exchanged for any maintenance training courses described in the Seller’s Training Center. This training data and documentation Customer Services Catalog current at the time of the Buyer’s request;
(iii) if any one of the allowances granted under Appendix A (flight operations or maintenance) has been fully drawn upon, the Buyer will be delivered [*]entitled to exchange flight operations or maintenance training courses, as needed, against the remaining allowance. It is understood that title to and risk of loss The exchange value will be based on the Seller’s “training course exchange matrix” applicable at the time of the training data request for exchange and documentation will pass provided to the Buyer [*]at such time. The above provisions will apply only to the extent that the Buyer’s remaining training allowances are sufficient to perform the exchange, provided that to the extent of any deficiency, the Buyer may apply any Goods and Services credits or cash to cover such deficiency.
16.4.3.1 16.4.3.2 If the Buyer decides to cancel fully or partially or reschedule, a training course, a minimum advance notification of at least [*] sixty (60) calendar days prior to the relevant training course start date is required.
16.4.3.2 16.4.3.3 If such notification is received by the Seller or ANACS AACS less than [*] sixty (60) but no more than [*] thirty (30) calendar days prior to such training, a cancellation fee corresponding to […***…] of such training will be shall be, as applicable, either deducted from the training allowance defined set forth in Appendix A to the extent sufficient allowance then remains, with any balance or invoiced at the price corresponding to such training in the then Seller’s then-current ANACS Customer Services Training Course Catalog, unless the Seller, using commercially reasonable efforts, is able to substitute another customer’s trainees for the Buyer’s originally scheduled trainees.
16.4.3.3 16.4.3.4 If such notification is received by the Seller less than [*] thirty (30) calendar days prior to such training, a cancellation fee corresponding to […***…] of such training will be shall be, as applicable, either deducted from the training allowance defined set forth in Appendix A to the extent sufficient allowance then remains, with any balance or invoiced at the price corresponding to such training in the then Seller’s then-current ANACS Customer Services Training Course Catalog.
16.4.3.4 [*]
Appears in 2 contracts
Samples: Purchase Agreement (Hawaiian Holdings Inc), Purchase Agreement (Hawaiian Holdings Inc)
Training Courses. 16.4.1 Training courses, as well as the minimum and maximum numbers of trainees per course provided for the Buyer’s 's personnel, are will be defined in during the applicable training course catalog published by ANACS (the “Training Course Catalog”) development and will be scheduled as mutually agreed upon during a the final training conference (the “"Training Conference”") that will to be held as soon as practicable after signature at least [ * ] prior to Delivery of this Agreement and no later than May 31, 2007. AVA - A320 Family PA AMENDED AND RESTATEDthe first Aircraft.
16.4.2 The following terms will apply when training is performed ANACSby the Seller:
(i) Subject to 16.4.2(ii) below, training courses Training course modules will be the Seller's standard Airbus courses course modules as described in ANACS the Seller's applicable Training Course Catalog valid at Catalog. All training curricula and course syllabi shall be in accordance with the time of execution of agreements made during the course. ANACS will be responsible for all training course syllabi, training aids and training equipment (not to include aircraft) necessary for the organization of the training coursesPlanning Training Conferences.
(ii) Where ANACS agrees The training curricula and CBT may not be fully customized. However, academic curricula shall be modified to perform include the significant aspects of the Specification (to the exclusion of Buyer Furnished Equipment) as known at the latest six (6) months prior to the date of the first training using course planned for the Buyer’s standard courses. Differences training shall be limited to no more than eight (8) hours. The Seller shall provide a differences training curricula and CBT package to the Buyer, Buyer will be responsible for taking all steps necessary to assure approval by applicable Aviation Authorities of such training (including any needed approvals of specific ANACS instructors).if necessary. [ * ]
(iii) The Student training curricula and the training equipment used for flight crew, cabin crew and maintenance training will not be fully customized but will be configured in order to obtain the relevant Aviation Authority’s approval and to support the Seller’s training programs. Notwithstanding the foregoing, the training curricula used for training performed under such circumstances shall enumerate any differences that exist between the non-customized material and Buyer’s detailed specification.
(iv) Training data materials and documentation necessary for training detailed in Appendix A to this Clause 16 will be free of charge and will not be revisedrevised once provided to the student. Training data Student training materials and documentation will be marked “"FOR TRAINING ONLY” " and as such will be supplied for the sole and express purpose of training.
(viv) Upon the request of the Buyer [*]and at no charge to the Buyer, the Seller will collect and pack for consolidated shipment to the Buyer’s 's facility, all training data and documentation of the Buyer’s 's trainees attending training at the Seller’s Airbus Training CenterCenter in Miami, Florida, Blagnac, France, or Beijing, China, as applicable. This training data and documentation will be delivered [*]Free Carrier (FCA) Miami International * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. It is understood that title to and risk of loss of the training data and documentation will pass to the Buyer [*].
16.4.3.1 If the Buyer decides to cancel fully or partially or reschedule, a training course, a minimum advance notification of at least [*] calendar days prior to the relevant training course start date is required.
16.4.3.2 If such notification is received by the Seller or ANACS less than [*] but more than [*] calendar days prior to such training, a cancellation fee corresponding to [*] of such training will be deducted from the training allowance defined in Appendix A to the extent sufficient allowance then remains, with any balance invoiced at the price corresponding to such training in the then current ANACS Customer Services Catalog.
16.4.3.3 If such notification is received by the Seller less than [*] calendar days prior [*] of such training will be deducted from the training allowance defined in Appendix A to the extent sufficient allowance then remains, with any balance invoiced at the price corresponding to such training in the then current ANACS Customer Services Catalog.
16.4.3.4 [*]63
Appears in 1 contract
Samples: Purchase Agreement (Fedex Corp)
Training Courses. 16.4.1 Training courses, as well as the minimum and maximum numbers of trainees per course provided for the Buyer’s or its Operators’, as the case may be, personnel, are defined in the applicable training course catalog published by ANACS the Seller (the “Training Course Catalog”) and will be scheduled as mutually agreed upon during a training conference (the “Training Conference”) that will be held as soon as practicable after signature of this Agreement and no later than May 31, 2007. AVA - A320 Family PA AMENDED AND RESTATEDnine (9) months prior to Delivery of the first Aircraft to an Operator.
16.4.2 The following terms will apply when training is performed ANACSby the Seller:
(i) Subject to 16.4.2(ii) below, training Training courses will be standard Airbus Seller courses as described in ANACS applicable the Training Course Catalog valid at the time of execution of the course. ANACS The Seller will be responsible for all training course syllabi, training aids and training equipment (not to include aircraft) necessary for the organization of the training courses.
(ii) Where ANACS the Seller agrees to perform training using Buyer’s or its Operators’, as the case may be, standard courses, the Buyer or its Operators, as the case may be, will be responsible for (a) taking all steps necessary to assure approval by INTREPID – A330-200F PA - Execution Version – 05/2007 92/134 CONFIDENTIAL AND PROPRIETARY INFORMATION ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. applicable Aviation Authorities of such training (including any needed approvals of specific ANACS Seller’s instructors)) and (b) the costs of instructor hours spent preparing for being qualified for use of Buyer’s or its Operators’, as the case may be, standard courses.
(iii) The training curricula and the training equipment used for flight crew, cabin crew and maintenance training will not be fully customized but will be configured in order to obtain the relevant Aviation Authority’s approval and to support the Seller’s training programs. Notwithstanding the foregoing, the training curricula used for training performed under such circumstances shall enumerate any differences that exist between the non-customized material and Buyer’s detailed specification.
(iv) Training data and documentation necessary for training detailed in Appendix A to this Clause 16 will be free-of-charge and will not be revised. Training data and documentation will be marked “FOR TRAINING ONLY” and as such will be supplied for the sole and express purpose of training.
(v) Upon the request of the Buyer [*]and at no charge to the Buyer, the Seller will collect and pack for consolidated shipment to the Buyer’s facilityfacility or its Operator’s facilities, all training data and documentation of the Buyer’s or its Operators, as the case may be, trainees attending training at the Seller’s Training Center. This training data and documentation will be delivered [*]Free Carrier (FCA), as defined by Incoterms 2000 of the International Chamber of Commerce published January 2000, to the airport nearest to the location where the training takes place. It is understood that title to and risk of loss of the training data and documentation will pass to the Buyer [*]or its Operators, as the case may be, upon delivery.
16.4.3.1 If the Buyer decides to cancel fully or partially or reschedule, a training course, a minimum advance notification of at least [*] calendar days prior to the relevant training course start date is required.
16.4.3.2 If such notification is received by the Seller or ANACS less than [*] but more than [*] calendar days prior to such training, a cancellation fee corresponding to [*] of such training will be deducted from the training allowance defined in Appendix A to the extent sufficient allowance then remains, with any balance invoiced at the price corresponding to such training in the then current ANACS Customer Services Catalog.
16.4.3.3 If such notification is received by the Seller less than [*] calendar days prior [*] of such training will be deducted from the training allowance defined in Appendix A to the extent sufficient allowance then remains, with any balance invoiced at the price corresponding to such training in the then current ANACS Customer Services Catalog.
16.4.3.4 [*]
Appears in 1 contract
Training Courses. 16.4.1 Training courses, as well as the minimum and maximum numbers of trainees per course provided for the Buyer’s personnel, are defined in the applicable training course catalog published by ANACS (the “Training Course Catalog”) and will be scheduled as mutually agreed upon during a training conference (the “Training Conference”) that will be ** Confidential Treatment Requested. USA — Amended and Restated Airbus A350 XWB Purchase Agreement PA — 72 of 109 EXECUTION PRIVILEGED AND CONFIDENTIAL held as soon as practicable after signature of this Agreement and no later than May 31, 2007. AVA - A320 Family PA AMENDED AND RESTATED** prior to delivery of the first Aircraft.
16.4.2 The following terms will apply when training is performed ANACSby the Seller:
(i) Subject to 16.4.2(ii) below, training Training courses will be the Seller’s standard Airbus courses as described in ANACS the Seller’s applicable Training Course Catalog valid at the time of execution of the course. ANACS The Seller will be responsible for all training course syllabi, training aids and training equipment (not to include aircraft) necessary for the organization of the training courses.
(ii) Where ANACS agrees to perform training using Buyer’s standard courses, Buyer will be responsible for taking all steps necessary to assure approval by applicable Aviation Authorities of such training (including any needed approvals of specific ANACS instructors).
(iii) The training curricula and the training equipment used for flight crew, cabin crew and maintenance training will may not be fully customized but customized. However, they may be modified to include the most significant aspects of the Specification as known, at the latest, ** prior to the date of the first training course planned for the Buyer and will be configured in order to obtain the relevant Aviation Authority’s approval and to support the Seller’s training programs. Notwithstanding the foregoing, the training curricula used for training performed under such circumstances shall enumerate any differences that exist between the non-customized material and Buyer’s detailed specification.
(iviii) Training data and documentation necessary for training detailed in Appendix A to this Clause 16 will be and will not be revised**. Training data and documentation will be marked “FOR TRAINING ONLY” and as such will be supplied for the sole and express purpose of training.
(viv) Upon the request of the Buyer [*]*, the Seller will collect and pack for consolidated shipment to the facility of the Buyer’s facility, all training data and documentation of the Buyer’s trainees attending training at the Seller’s Airbus Training CenterCenter in Miami, Florida or Blagnac, France, as applicable. This training data and documentation will be delivered [*]FCA Miami International Airport. It is understood that The Buyer will designate in writing one Buyer to receive title to such training data and documentation and title to and risk of loss of the training data and documentation will pass to the Buyer [*]upon delivery.
16.4.3.1 16.4.3 If the Buyer decides to cancel fully or partially or reschedule, reschedule a training course, a minimum advance notification notice of at least [*] calendar days prior * will be required. Any later cancellation or change from the Buyer, when courses cannot be allocated to the relevant training course start date is required.
16.4.3.2 If such notification is received by the Seller or ANACS less than [*] but more than [*] calendar days prior to such trainingother customers, a cancellation fee corresponding to [*] of such training will be deducted from the training allowance allowances defined in Appendix A herein or will be charged to the extent sufficient allowance then remainsBuyer, with as applicable.
16.4.4 The Seller will deliver, or will cause any balance invoiced third party training provider to deliver, to the trainees a certificate of completion at the price corresponding end of any such training course. No such certificate will represent authority or qualification by any Aviation Authority but may be presented to such training officials in the then current ANACS Customer Services Catalog.
16.4.3.3 If such notification is received by the Seller less than [order to obtain relevant formal qualification. *] calendar days prior [*] * Confidential Treatment Requested. USA — Amended and Restated Airbus A350 XWB Purchase Agreement PA — 73 of such training will be deducted from the training allowance defined in Appendix A to the extent sufficient allowance then remains, with any balance invoiced at the price corresponding to such training in the then current ANACS Customer Services Catalog.
16.4.3.4 [*]109 EXECUTION PRIVILEGED AND CONFIDENTIAL
Appears in 1 contract
Samples: Airbus A350 XWB Purchase Agreement (Us Airways Inc)
Training Courses. 16.4.1 16.3.1 Training courses, courses shall be as well as described in the Seller’s customer services catalog (the “Seller’s Customer Services Catalog”). The Seller’s Customer Services Catalog also sets forth the minimum and maximum numbers number of trainees per course provided for the Buyer’s personnel, are defined in the applicable course. All training requests or training course catalog published changes made outside of the frame of the Training Conference shall be submitted by ANACS the Buyer or its Operator with a minimum of three (the “Training Course Catalog”3) and will be scheduled as mutually agreed upon during a training conference (the “Training Conference”) that will be held as soon as practicable after signature of this Agreement and no later than May 31, 2007. AVA - A320 Family PA AMENDED AND RESTATEDmonths prior notice.
16.4.2 16.3.2 The following terms will and conditions shall apply when to training is performed ANACS:by the Seller: AVOLON A320 Purchase Agreement December 2010
(i) Subject to 16.4.2(ii) below, training Training courses will shall be the Seller’s standard Airbus courses as described in ANACS applicable Training Course the Seller’s Customer Services Catalog valid at the time of execution of the course. ANACS will The Seller shall be responsible for all training course syllabi, training aids and training equipment (not to include aircraft) necessary for the organization of the training courses; for the avoidance of doubt, for the purpose of performing training, such training equipment does not include aircraft.
(ii) Where ANACS agrees to perform training using Buyer’s standard courses, Buyer will be responsible for taking all steps necessary to assure approval by applicable Aviation Authorities of such training (including any needed approvals of specific ANACS instructors).
(iii) The training curricula equipment and the training equipment curricula used for flight crewthe training of flight, cabin crew and maintenance training will personnel shall not be fully customized but will shall be configured in order to obtain the relevant Aviation Authority’s approval and to support the Seller’s training programs. Notwithstanding the foregoing, the training curricula used for training performed under such circumstances shall enumerate any differences that exist between the non-customized material and Buyer’s detailed specification.
(iviii) Training data and documentation necessary for trainees receiving the training detailed in Appendix A to this Clause 16 will at the Seller’s Training Centers shall be and will not be revisedprovided free of charge. Training data and documentation will shall be marked “FOR TRAINING ONLY” and as such will be are supplied for the sole and express purpose of training.
(v) Upon the request of the Buyer [*], the Seller will collect and pack for consolidated shipment to the Buyer’s facility, all ; training data and documentation shall not be revised.
16.3.3 When the Seller’s training courses are provided by the Seller’s instructors (individually an “Instructor” and collectively “Instructors”) the Seller shall deliver a Certificate of Recognition or a Certificate of Course Completion (each a “Certificate”) or an attestation (an “Attestation”), as applicable, at the end of any such training course. Any such Certificate or Attestation shall not represent authority or qualification by any Aviation Authority but may be presented to such Aviation Authority in order to obtain relevant formal qualification. In the event of training courses being provided by a training provider selected by the Seller as set forth in Clause 16.2.2, the Seller shall cause such training provider to deliver a Certificate or Attestation, which shall not represent authority or qualification by any Aviation Authority, but may be presented to such Aviation Authority in order to obtain relevant formal qualification.
16.3.3.1 Should the Buyer or its Operator wish to exchange any of the training courses provided under Appendix A hereto, the Buyer or its Operator shall place a request for exchange to this effect with the Seller. The Buyer or its Operator may exchange, subject to the Seller’s confirmation, the training allowances granted under Appendix A of the present Agreement as follows:
(i) flight operations training courses as listed under Article 1 of Appendix A against any flight operations training courses described in the Seller’s Customer Services Catalog current at the time of the Buyer’s trainees attending or its Operator’s request;
(ii) maintenance training at courses as listed under Article 3 of Appendix A against any maintenance training courses described in the Seller’s Customer Services Catalog current at the time of the Buyer’s or its Operator’s request;
(iii) should any one of the allowances granted thereunder (flight operations or maintenance) have been fully drawn upon, the Buyer or its Operator shall be entitled to exchange flight operations or maintenance training courses as needed against the remaining allowances. The exchange value shall be based on the Seller’s “Training CenterCourse Exchange Matrix” applicable at the time of the request for exchange and which shall be provided to the Buyer or its Operator at such time. This training data and documentation will be delivered [*]. AVOLON A320 Purchase Agreement December 2010 It is understood that title the above shall apply to and risk the extent that training allowances granted under Appendix A remain in credit to the full extent necessary to perform the exchange. All requests to exchange training courses shall be submitted by the Buyer or its Operator with a minimum of loss **** prior notice. The requested training shall be subject to the Seller’s then existing planning constraints.
16.3.3.2 Should the Buyer or its Operator use none or only part of the training data and documentation will pass to be provided pursuant to this Clause 16, no compensation or credit of any nature shall be provided.
16.3.3.3 Should the Buyer [*].
16.4.3.1 If the Buyer decides or its Operator decide to cancel or reschedule, fully or partially or reschedulepartially, and irrespective of the location of the training, a training course, a minimum advance notification of at least [*] calendar days *** prior to the relevant training course start date is required.
16.4.3.2 16.3.3.4 If such the notification is received by the Seller or ANACS occurs less than [*] *** but more than [*] calendar days *** prior to such training, a cancellation fee corresponding to [*] *** of such training will be shall be, as applicable, either deducted from the training allowance defined in Appendix A to the extent sufficient allowance then remains, with any balance or invoiced at the price Seller’s then applicable price.
16.3.3.5 If the notification occurs less than **** prior to such training, a cancellation fee corresponding to such training in the then current ANACS Customer Services Catalog.
16.4.3.3 If such notification is received by the Seller less than [*] calendar days prior [*] ** of such training will be shall be, as applicable, either deducted from the training allowance defined in Appendix A to the extent sufficient allowance then remains, with any balance or invoiced at the price corresponding to such training in the Seller’s then current ANACS Customer Services Catalogapplicable price.
16.4.3.4 [*]16.3.3.6 All courses exchanged under Clause 16.
3.4.1 shall remain subject to the provisions of this Clause 16.3.5.
Appears in 1 contract
Training Courses. 16.4.1 16.3.1 Training courses, courses shall be as well as described in the Seller’s customer services catalog (the “Seller's Customer Services Catalog”). The Seller's Customer Services Catalog also sets forth the minimum and maximum numbers number of trainees per course provided for the Buyer’s personnel, are defined in the applicable course. All training requests or training course catalog published changes made outside of the frame of the Training Conference shall be submitted by ANACS (the “Training Course Catalog”) and will be scheduled as mutually agreed upon during Buyer with a training conference (the “Training Conference”) that will be held as soon as practicable after signature of this Agreement and no later than May 31, 2007. AVA - A320 Family PA AMENDED AND RESTATED***
16.4.2 16.3.2 The following terms will and conditions shall apply when to training performed by the Seller: *** This information is performed ANACS:subject to confidential treatment and has been omitted and filed separately with the Commission. CT0803291 Private & Confidential
(i) Subject to 16.4.2(ii) below, training Training courses will shall be the Seller's standard Airbus courses as described in ANACS applicable Training Course the Seller's Customer Services Catalog valid at the time of execution of the course. ANACS will The Seller shall be responsible for all training course syllabi, training aids and training equipment (not to include aircraft) necessary for the organization of the training courses; for the avoidance of doubt, for the purpose of performing training, such training equipment does not include aircraft.
(ii) Where ANACS agrees to perform training using Buyer’s standard courses, Buyer will be responsible for taking all steps necessary to assure approval by applicable Aviation Authorities of such training (including any needed approvals of specific ANACS instructors).
(iii) The training curricula equipment and the training equipment curricula used for flight crewthe training of flight, cabin crew and maintenance training will personnel shall not be fully customized but will shall be configured in order to obtain the relevant Aviation Authority’s approval and to support the Seller’s 's training programs. Notwithstanding the foregoing, the training curricula used for training performed under such circumstances shall enumerate any differences that exist between the non-customized material and Buyer’s detailed specification.
(iviii) Training data and documentation necessary for trainees receiving the training detailed in Appendix A to this Clause 16 will at the Seller's Training Centers shall be and will not be revised***. Training data and documentation will shall be marked “"FOR TRAINING ONLY” " and as such will be are supplied for the sole and express purpose of training.
(v) Upon the request of the Buyer [*], the Seller will collect and pack for consolidated shipment to the Buyer’s facility, all ; training data and documentation of the Buyer’s trainees attending training at shall not be revised.
16.3.3 When the Seller’s Training Centertraining courses are provided by the Seller’s instructors (individually an ”Instructor” and collectively “Instructors”) the Seller shall deliver a Certificate of Recognition or a Certificate of Course Completion (each a “Certificate”) or an attestation (an “Attestation”), as applicable, at the end of any such training course. This Any such Certificate or Attestation shall not represent authority or qualification by any Aviation Authority but may be presented to such Aviation Authority in order to obtain relevant formal qualification. In the event of training data and documentation will courses being provided by a training provider selected by the Seller as set forth in Clause 16.2.2, the Seller shall cause such training provider to deliver a Certificate or Attestation, which shall not represent authority or qualification by any Aviation Authority, but may be delivered [*]. presented to such Aviation Authority in order to obtain relevant formal qualification.
16.3.4.1 It is understood that title the above shall apply to and risk of loss the extent that training allowances granted under Appendix A ***. All requests *** shall be submitted by the Buyer with a ***. The requested training shall be subject to the Seller’s then existing planning constraints.
16.3.4.2 Should the Buyer use none or only part of the training data and documentation will pass to be provided pursuant to this Clause 16, no compensation or credit of any nature shall be provided.
16.3.5.1 Should the Buyer [*].
16.4.3.1 If the Buyer decides decide to cancel or reschedule, fully or partially or reschedulepartially, and irrespective of the location of the training, a training course, a minimum advance notification of at least [*] calendar days ** prior to the relevant training course start date is required.
16.4.3.2 16.3.5.2 If such the notification is received by the Seller or ANACS occurs less than [*] ** but more than [*] calendar days ** prior to such training, a cancellation fee corresponding to [*] ** of such training will be shall be, as applicable, either deducted from the training allowance defined in Appendix A to the extent sufficient allowance then remains, with any balance or invoiced at the price Seller’s then applicable price. *** This information is subject to confidential treatment and has been omitted and filed separately with the Commission. CT0803291 Private & Confidential
16.3.5.3 If the notification occurs *** prior to such training, a cancellation fee corresponding to such training in the then current ANACS Customer Services Catalog.
16.4.3.3 If such notification is received by the Seller less than [*] calendar days prior [*] * of such training will be shall be, as applicable, either deducted from the training allowance defined in Appendix A to the extent sufficient allowance then remains, with any balance or invoiced at the price corresponding to such training in the Seller’s then current ANACS Customer Services Catalogapplicable price.
16.4.3.4 [*]16.3.5.4 All courses exchanged under Clause 16.
3.4.1 shall remain subject to the provisions of this Clause 16.3.5.
Appears in 1 contract
Samples: Aircraft General Terms Agreement (China Southern Airlines Co LTD)
Training Courses. 16.4.1 Training courses, as well as the minimum and maximum numbers of trainees per course provided for the Buyer’s personnel, are defined in the applicable training course catalog published by ANACS (the “Training Course Catalog”) and will be scheduled as mutually agreed upon during a training conference (the “Training Conference”) that will be held as soon as practicable after signature of this Agreement and no later than May 31, 2007. AVA - A320 Family PA AMENDED AND RESTATED** prior to delivery of the first Aircraft.
16.4.2 The following terms will apply when training is performed ANACS:by the Seller: USA — Airbus A330 Purchase Agreement EXECUTION PRIVILEGED AND CONFIDENTIAL **Confidential Treatment Requested.
(i) Subject to 16.4.2(ii) below, training Training courses will be the Seller’s standard Airbus courses as described in ANACS the Seller’s applicable Training Course Catalog valid at the time of execution of the course. ANACS The Seller will be responsible for all training course syllabi, training aids and training equipment (not to include aircraft) necessary for the organization of the training courses.
(ii) Where ANACS agrees to perform training using Buyer’s standard courses, Buyer will be responsible for taking all steps necessary to assure approval by applicable Aviation Authorities of such training (including any needed approvals of specific ANACS instructors).
(iii) The training curricula and the training equipment used for flight crew, cabin crew and maintenance training will may not be fully customized but customized. However, they may be modified to include the most significant aspects of the Specification as known, at the latest, ** prior to the date of the first training course planned for the Buyer and will be configured in order to obtain the relevant Aviation Authority’s approval and to support the Seller’s training programs. Notwithstanding the foregoing, the training curricula used for training performed under such circumstances shall enumerate any differences that exist between the non-customized material and Buyer’s detailed specification.
(iviii) Training data and documentation necessary for training detailed in Appendix A to this Clause 16 will be and will not be revised**. Training data and documentation will be marked “FOR TRAINING ONLY” and as such will be supplied for the sole and express purpose of training.
(viv) Upon the request of the Buyer [*]*, the Seller will collect and pack for consolidated shipment to the facility of the Buyer’s facility, all training data and documentation of the Buyer’s trainees attending training at the Seller’s Airbus Training CenterCenter in Miami, Florida or Blagnac, France, as applicable. This training data and documentation will be delivered [*]FCA Miami International Airport. It is understood that The Buyer will designate in writing one Buyer to receive title to such training data and documentation and title to and risk of loss of the training data and documentation will pass to the Buyer [*]upon delivery.
16.4.3.1 16.4.3 If the Buyer decides to cancel fully or partially or reschedule, reschedule a training course, a minimum advance notification notice of at least [*] calendar days prior * will be required. Any later cancellation or change from the Buyer, when courses cannot be allocated to the relevant training course start date is required.
16.4.3.2 If such notification is received by the Seller or ANACS less than [*] but more than [*] calendar days prior to such trainingother customers, a cancellation fee corresponding to [*] of such training will be deducted from the training allowance allowances defined herein or will be charged to the Buyer, as applicable.
16.4.4 The Seller will deliver, or will cause any third party training provider to deliver, to the trainees a certificate of completion at the end of any such training course. No such certificate will represent authority or qualification by any Aviation Authority but may be presented to such officials in order to obtain relevant formal qualification.
16.4.5 16.5 Prerequisites USA — Airbus A330 Purchase Agreement EXECUTION PRIVILEGED AND CONFIDENTIAL **Confidential Treatment Requested.
16.5.1 Training will be conducted in English and all training aids are written in English using common aeronautical terminology. Trainees must have the prerequisite experience set forth in Appendix A B to this Clause 16. The Seller’s training courses are “Transition Training Courses” and not “Ab Initio Training Courses.” The Buyer will be responsible for the selection of the trainees and for any liability with respect to the extent sufficient allowance then remains, with any balance invoiced at entry knowledge level of the price corresponding to such training in the then current ANACS Customer Services Catalogtrainees.
16.4.3.3 If such notification is received by 16.5.2 The Buyer will provide the Seller less than [with an attendance list of the trainees for each course with the validated qualification of each trainee. The Seller reserves the right to verify the trainees’ proficiency and previous professional experience. The Seller will in no case warrant or otherwise be held liable for any trainee’s performance as a result of any training services provided.
16.5.3 The Seller will provide to the Buyer an Airbus Pre-Training Survey, and/or the “Maintenance Training Survey,” as applicable, to obtain the trainee’s associated background. The Buyer will complete such survey(s) and return them to the Seller at least *] calendar days * prior [*] to the start of such training will be deducted from the training allowance defined in Appendix A to the extent sufficient allowance then remains, with any balance invoiced at the price corresponding to such training in the then current ANACS Customer Services Catalogcourse.
16.4.3.4 [16.5.4 If the Buyer makes a change to any trainee attendance list within the *]* period stated in Clause 16.5.3, the Buyer will immediately inform the Seller thereof and send the Seller an updated Airbus Pre-Training Survey and/or Maintenance Training Survey reflecting requested information for the replacement trainee(s).
Appears in 1 contract
Samples: Purchase Agreement (Us Airways Inc)
Training Courses. 16.4.1 16.3.1 Training courses, courses shall be as well as described in the Seller’s customer services catalog (the “Seller’s Customer Services Catalog”). The Seller’s Customer Services Catalog also sets forth the minimum and maximum numbers number of trainees per course provided for the Buyer’s personnel, are defined in the applicable course. All training requests or training course catalog published changes made outside of the frame of the Training Conference shall be submitted by ANACS the Buyer or its Operator with a minimum of three (the “Training Course Catalog”3) and will be scheduled as mutually agreed upon during a training conference (the “Training Conference”) that will be held as soon as practicable after signature of this months prior notice. AVOLON A320 Purchase Agreement and no later than May 31, 2007. AVA - A320 Family PA AMENDED AND RESTATEDDecember 2010
16.4.2 16.3.2 The following terms will and conditions shall apply when to training is performed ANACSby the Seller:
(i) Subject to 16.4.2(ii) below, training Training courses will shall be the Seller’s standard Airbus courses as described in ANACS applicable Training Course the Seller’s Customer Services Catalog valid at the time of execution of the course. ANACS will The Seller shall be responsible for all training course syllabi, training aids and training equipment (not to include aircraft) necessary for the organization of the training courses; for the avoidance of doubt, for the purpose of performing training, such training equipment does not include aircraft.
(ii) Where ANACS agrees to perform training using Buyer’s standard courses, Buyer will be responsible for taking all steps necessary to assure approval by applicable Aviation Authorities of such training (including any needed approvals of specific ANACS instructors).
(iii) The training curricula equipment and the training equipment curricula used for flight crewthe training of flight, cabin crew and maintenance training will personnel shall not be fully customized but will shall be configured in order to obtain the relevant Aviation Authority’s approval and to support the Seller’s training programs. Notwithstanding the foregoing, the training curricula used for training performed under such circumstances shall enumerate any differences that exist between the non-customized material and Buyer’s detailed specification.
(iviii) Training data and documentation necessary for trainees receiving the training detailed in Appendix A to this Clause 16 will at the Seller’s Training Centers shall be and will not be revisedprovided free of charge. Training data and documentation will shall be marked “FOR TRAINING ONLY” and as such will be are supplied for the sole and express purpose of training.
(v) Upon the request of the Buyer [*], the Seller will collect and pack for consolidated shipment to the Buyer’s facility, all ; training data and documentation shall not be revised.
16.3.3 When the Seller’s training courses are provided by the Seller’s instructors (individually an “Instructor” and collectively “Instructors”) the Seller shall deliver a Certificate of Recognition or a Certificate of Course Completion (each a “Certificate”) or an attestation (an “Attestation”), as applicable, at the end of any such training course. Any such Certificate or Attestation shall not represent authority or qualification by any Aviation Authority but may be presented to such Aviation Authority in order to obtain relevant formal qualification. In the event of training courses being provided by a training provider selected by the Seller as set forth in Clause 16.2.2, the Seller shall cause such training provider to deliver a Certificate or Attestation, which shall not represent authority or qualification by any Aviation Authority, but may be presented to such Aviation Authority in order to obtain relevant formal qualification.
16.3.3.1 Should the Buyer or its Operator wish to exchange any of the training courses provided under Appendix A hereto, the Buyer or its Operator shall place a request for exchange to this effect with the Seller. The Buyer or its Operator may exchange, subject to the Seller’s confirmation, the training allowances granted under Appendix A of the present Agreement as follows:
(i) flight operations training courses as listed under Article 1 of Appendix A against any flight operations training courses described in the Seller’s Customer Services Catalog current at the time of the Buyer’s trainees attending or its Operator´s request;
(ii) maintenance training at courses as listed under Article 3 of Appendix A against any maintenance training courses described in the Seller’s Customer Services Catalog current at the time of the Buyer’s or its Operator´s request;
(iii) should any one of the allowances granted thereunder (flight operations or maintenance) have been fully drawn upon, the Buyer or its Operator shall be entitled to exchange flight operations or maintenance training courses as needed against the remaining allowances. The exchange value shall be based on the Seller’s “Training CenterCourse Exchange Matrix” applicable at the time of the request for exchange and which shall be provided to the Buyer or its Operator at such time. This training data and documentation will be delivered [*]. AVOLON A320 Purchase Agreement December 2010 It is understood that title the above shall apply to and risk the extent that training allowances granted under Appendix A remain in credit to the full extent necessary to perform the exchange. All requests to exchange training courses shall be submitted by the Buyer or its Operator with a minimum of loss **** prior notice. The requested training shall be subject to the Seller’s then existing planning constraints.
16.3.3.2 Should the Buyer or its Operator use none or only part of the training data and documentation will pass to be provided pursuant to this Clause 16, no compensation or credit of any nature shall be provided.
16.3.3.3 Should the Buyer [*].
16.4.3.1 If the Buyer decides or its Operator decide to cancel or reschedule, fully or partially or reschedulepartially, and irrespective of the location of the training, a training course, a minimum advance notification of at least [*] calendar days ***prior to the relevant training course start date is required.
16.4.3.2 16.3.3.4 If such the notification is received by the Seller or ANACS occurs less than [*] ***but more than [*] calendar days *** prior to such training, a cancellation fee corresponding to [*] ***of such training will be shall be, as applicable, either deducted from the training allowance defined in Appendix A to the extent sufficient allowance then remains, with any balance or invoiced at the price Seller’s then applicable price.
16.3.3.5 If the notification occurs less than ****prior to such training, a cancellation fee corresponding to such training in the then current ANACS Customer Services Catalog.
16.4.3.3 If such notification is received by the Seller less than [*] calendar days prior [*] **of such training will be shall be, as applicable, either deducted from the training allowance defined in Appendix A to the extent sufficient allowance then remains, with any balance or invoiced at the price corresponding to such training in the Seller’s then current ANACS Customer Services Catalogapplicable price.
16.4.3.4 [*]16.3.3.6 All courses exchanged under Clause 16.
3.4.1 shall remain subject to the provisions of this Clause 16.3.5.
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Training Courses. 16.4.1 16.3.1 Training courses, courses shall be as well as described in the Seller’s customer services catalog (the “Seller’s Customer Services Catalog”). The Seller’s Customer Services Catalog also sets forth the minimum and maximum numbers number of trainees per course provided for the Buyer’s personnel, are defined in the applicable course. *** All training requests or training course catalog published changes made outside of the frame of the Training Conference shall be submitted by ANACS (the “Training Course Catalog”) and will be scheduled as mutually agreed upon during Buyer with a training conference (the “Training Conference”) that will be held as soon as practicable after signature minimum of this Agreement and no later than May 31, 2007. AVA - A320 Family PA AMENDED AND RESTATED*** prior notice.
16.4.2 16.3.2 The following terms will and conditions shall apply when to training is performed ANACSby the Seller:
(i) Subject to 16.4.2(ii) below, training Training courses will shall be the Seller’s standard Airbus courses as described in ANACS applicable Training Course the Seller’s Customer Services Catalog valid at the time of execution of the course. ANACS will The Seller shall be responsible for all training course syllabi, training aids and training equipment (not to include aircraft) necessary for the organization of the training courses; for the purpose of performing training, such training equipment does not include aircraft.
(ii) Where ANACS agrees to perform training using Buyer’s standard courses, Buyer will be responsible for taking all steps necessary to assure approval by applicable Aviation Authorities of such training (including any needed approvals of specific ANACS instructors).
(iii) The training curricula equipment and the training equipment curricula used for flight crewthe training of flight, cabin crew and maintenance training will personnel shall not be fully customized but will shall be configured in order to obtain the relevant Aviation Authority’s approval and to support the Seller’s training programs. Notwithstanding the foregoing, the training curricula used for training performed under such circumstances shall enumerate any differences that exist between the non-customized material and Buyer’s detailed specification.
(iviii) Training data and documentation necessary for trainees receiving the training detailed in Appendix A to this Clause 16 will at the Seller’s Training Centers shall be and will not be revisedprovided free of charge. Training data and documentation will shall be marked “FOR TRAINING ONLY” and as such will be are supplied for the sole and express purpose of training.
(v) Upon the request ; revisions of the Buyer [*], the Seller will collect and pack for consolidated shipment to the Buyer’s facility, all training data and documentation of shall not be provided by the Buyer’s trainees attending training at Seller.
16.3.3 When the Seller’s Training Centertraining courses are provided by the Seller’s instructors (each an “Instructor”) the Seller shall deliver a Certificate of Recognition or a Certificate of Course Completion (each a “Certificate”) or an attestation (an “Attestation”), as applicable, at the end of any such training course. This Any such Certificate or Attestation shall not represent authority or qualification by any Aviation Authority but may be presented to such Aviation Authority in order to obtain relevant formal qualification. In the event of training data and documentation will courses being provided by a training provider selected by the Seller as set forth in Clause 16.2.2, the Seller shall cause such training provider to deliver a Certificate or Attestation, which shall not represent authority or qualification by any Aviation Authority, but may be delivered [presented to such Aviation Authority in order to obtain relevant formal qualification.
16.3.4 Should the Buyer wish to *]. It is understood that title to and risk of loss ** XX0000000 – United Airlines, Inc. – A350-900XWB Purchase Agreement – Letter Agreement No.5 LA5-12
16.3.5 Should the Buyer use none or only part of the training data and documentation will pass to be provided pursuant to this Clause 16, no compensation or credit of any nature shall be provided.
16.3.6 Should the Buyer [*].
16.4.3.1 If the Buyer decides decide to cancel or reschedule, fully or partially or reschedulepartially, and irrespective of the location of the training, a training course, a minimum advance notification of at least [*] calendar days ** prior to the relevant training course start date is required.
16.4.3.2 16.3.7 If such the notification is received by the Seller or ANACS less than [occurs *] but more than [*] calendar days * prior to such training, a cancellation fee corresponding to [*] of such training will be ** shall be, as applicable, either deducted from the training allowance defined in Appendix A to the extent sufficient allowance then remains, with any balance or invoiced at the price corresponding Seller’s then applicable price, ***
16.3.8 If the notification occurs *** prior to such training in the then current ANACS Customer Services Catalog.
16.4.3.3 If such notification is received by the Seller less than [training, *] calendar days prior [*] of such training will be * shall be, as applicable, either deducted from the training allowance defined in Appendix A to the extent sufficient allowance then remains, with any balance or invoiced at the price corresponding to such training in the Seller’s then current ANACS Customer Services Catalog.
16.4.3.4 [applicable price, *]**
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Training Courses. 16.4.1 Training courses, as well as the minimum and maximum numbers of trainees per course provided for the Buyer’s personnel, are defined in the applicable training course catalog published by ANACS the Seller (the “Training Course Catalog”) and will shall be scheduled as mutually agreed upon by Seller during a training conference (the “Training Conference”) that will shall be held as soon as practicable after signature of this Agreement and no later than May 31, 2007nine (9) months prior to delivery of the first Aircraft. AVA - A320 Family PA AMENDED AND RESTATEDThe training courses provided under this Clause 16 shall be scheduled to accommodate the delivery schedule set forth in Clause 9 and shall be available to the Buyer for up to two (2) years following Delivery of the last Aircraft.
16.4.2 The following terms will shall apply when training is performed by ANACS:
(i) Subject to 16.4.2(ii) below, training courses will shall be standard Airbus courses as described in ANACS the applicable Training Course Catalog valid at the time of execution of the course. ANACS will shall be responsible for all training course syllabi, training personnel, training aids and training equipment (not to include aircraft) necessary for the organization of the training courses, all of which shall, if applicable, be approved by the Buyer’s Aviation Authority.
(ii) Where ANACS agrees to perform training using Buyer’s standard courses, Buyer will shall be responsible for (a) taking all steps necessary to assure approval by applicable Aviation Authorities of such training (including any needed approvals of specific ANACS instructors)) and (b) the costs of instructor hours spent preparing for being qualified for use of Buyer’s standard courses.
(iii) The training curricula and the training equipment used for flight crew, cabin crew and maintenance training will shall not be fully customized but will shall be configured in order to obtain the relevant Aviation Authority’s approval and to support the Seller’s training programs. Notwithstanding the foregoing, the training curricula used for training performed under such circumstances shall enumerate any differences that exist between the non-customized material and Buyer’s detailed specification.
(iv) Training data and documentation necessary for training detailed in Appendix A to this Clause 16 will shall be free-of-charge and will shall not be revised. Training data and documentation will shall be marked “FOR TRAINING ONLY” and as such will shall be supplied for the sole and express purpose of training.
(v) Upon the request of the Buyer [*]and at no charge to the Buyer, the Seller will shall collect and pack for consolidated shipment to the Buyer’s facility, all training data and documentation of the Buyer’s trainees attending training at the Seller’s Training Center. This training data and documentation will shall be delivered [Free Carrier (FCA) as defined by Incoterms 2000 of the International Chamber of *]** Confidential Treatment Requested Commerce published January 2000, the airport nearest to the location where the training takes place. It is understood that title to and risk of loss of the training data and documentation will shall pass to the Buyer [*]upon delivery.
16.4.3.1 If the Buyer decides to cancel fully or partially or reschedule, a training course, a minimum advance notification of at least [*] sixty (60) calendar days prior to the relevant training course start date is required.
16.4.3.2 If such notification is received by the Seller or ANACS less than [*] sixty (60) but no more than [*] thirty (30) calendar days prior to such training, a cancellation fee corresponding to [*] fifty percent (50%) of such training will be shall be, as applicable, either deducted from the training allowance defined set forth in Appendix A to the extent sufficient allowance then remains, with any balance or invoiced at the price corresponding to such training in the Seller’s then current ANACS Customer Services Training Course Catalog.
16.4.3.3 If such notification is received by the Seller in less than [*] thirty (30) calendar days prior [*] to such training, a cancellation fee corresponding to one hundred (100%) of such training will be shall be, as applicable, either deducted from the training allowance defined set forth in Appendix A to the extent sufficient allowance then remains, with any balance or invoiced at the price corresponding to such training in the Seller’s then current ANACS Customer Services Training Course Catalog.
16.4.3.4 [*]
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Training Courses. 16.4.1 Training courses, as well as the minimum and maximum numbers of trainees per course provided for the Buyer’s 's personnel, are defined in the Seller's applicable training course catalog published by ANACS (the “"Training Course Catalog”") and will be scheduled as mutually agreed upon during a training conference (the “"Training Conference”") that will be held as soon as practicable after signature of this Agreement and no later than May 31, 2007six (6) months prior to delivery of the first Aircraft (provided that any failure attributable to the Seller to conduct such meeting within such period shall not affect Seller's obligation to provide such training). AVA Spirit Airlines - A320 Family FAMILY - PA AMENDED AND RESTATED58
16.4.2 The following terms will apply when training is performed ANACS:by the Seller.
(i) Subject to 16.4.2(ii) below, training Training courses will be the Seller's standard Airbus courses as described in ANACS the Seller's applicable Training Course Catalog valid at the time of execution of the course. ANACS The Seller will be responsible for all training course syllabi, training aids and training equipment (not to include aircraft) necessary for the organization of the training courses.
(ii) Where ANACS agrees to perform training using Buyer’s standard courses, Buyer will be responsible for taking all steps necessary to assure approval by applicable Aviation Authorities of such training (including any needed approvals of specific ANACS instructors).
(iii) The training curricula and the training equipment used for flight crew, cabin crew and maintenance training will may not be fully customized but customized. However, they may be modified to include the most significant aspects of the Specification as known at the latest six (6) months prior to the date of the first training course planned for the Buyer and will be configured in order to obtain the relevant Aviation Authority’s 's approval and to support the Seller’s training 's teaching programs. Notwithstanding the foregoing, the training curricula used for training performed under such circumstances shall enumerate any differences that exist between the non-customized material and Buyer’s detailed specification.
(iviii) Training data and documentation necessary for training detailed in Appendix A to this Clause 16 will be [***] and will not be revised. Training data and documentation will be marked “"FOR TRAINING ONLY” " and as such will be supplied for the sole and express purpose of training.
(viv) Upon the request of the Buyer [*]and at no charge to the Buyer, the Seller will collect and pack for consolidated shipment to the Buyer’s 's facility, all training data and documentation of the Buyer’s 's trainees attending training at the Seller’s Airbus Training CenterCenter in Miami, Florida or Blagnac, France as applicable. This training data and documentation will be delivered [*]Free Carrier (FCA) Miami International Airport. It is understood that title to and risk of loss of the training data and documentation will pass to the Buyer [*]upon delivery.
16.4.3.1 16.4.3 If the Buyer decides to cancel fully or partially or reschedule, reschedule a training course, a minimum advance notification notice of at least [*] calendar days prior to the relevant training course start date is required.
16.4.3.2 If such notification is received by the Seller or ANACS less than [**] but more than [*] calendar days prior will be required. Any later cancellation or change from the Buyer, when courses cannot be allocated to such trainingother customers, a cancellation fee corresponding to [*] of such training will be deducted from the training allowance allowances defined in Appendix A to herein or if no such training allowances remain, the extent sufficient allowance then remains, with any balance invoiced Seller will invoice the Buyer at the price corresponding to such training then prevailing prices in the then current ANACS Customer Services Catalog.
16.4.3.3 16.4.4 In fulfillment of its obligation to provide training courses, when the Seller performs the training courses, the Seller will deliver to the trainees a certificate of completion at the end of any such training course. The Seller's certificate does not represent authority or qualification by any official Aviation Authorities but may be presented to such officials in order to obtain relevant formal qualification. If such notification training is received provided by a training provider selected by the Seller, the Seller less than [*] calendar days prior [*] of will cause such training will be deducted from the training allowance defined in Appendix A provider to the extent sufficient allowance then remains, with any balance invoiced deliver a certificate of completion at the price corresponding end of any such training course. Such certificate will not represent authority or qualification by any official Aviation Authorities but may be presented to such training officials in the then current ANACS Customer Services Catalog.
16.4.3.4 [*]order to obtain relevant formal qualification. Spirit Airlines - A320 FAMILY - PA 59
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