Anticipated Delay. In respect of any Aircraft, AVSA may conclude, based on a reasonable and good faith appraisal of the facts, that Excusable Delays will (i) cause delay in delivery of such A(degree)ircraft for a period of more than *** months after the end of the calendar month in which delivery is otherwise required or (ii) prevent delivery of such Aircraft. In such event, in good faith and in accordance with its normal scheduling procedures, AVSA will give written notice to Northwest of either (i) such delay and its related rescheduling reflecting such delay(s) or (ii) such nondelivery. Within *** days after Northwest's receipt of such notice, Northwest (and,***, AVSA) may terminate this Agreement as to such rescheduled or nondeliverable Aircraft by giving written notice to the other party. Such termination will discharge all obligations and liabilities of the parties hereunder with respect to such affected Aircraft, except that AVSA will repay to Northwest all amounts required by *** with respect to such affected Aircraft,***. Northwest will not be entitled to receive such repayment nor to terminate this Agreement as to any Aircraft under this Clause 10 by reason of an Excusable Delay if such delay is caused solely by Northwest's negligence or Northwest's fault.
Appears in 2 contracts
Sources: Purchase Agreement (Northwest Airlines Corp), Purchase Agreement (Northwest Airlines Corp)