Common use of Anticipated Delay Clause in Contracts

Anticipated Delay. In respect of any Aircraft, the Seller may conclude that Excusable Delays will (i) cause delay in delivery of such Aircraft for a period of more than twelve (12) 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, the Seller will give written notice to the Buyer of either (i) such delay and its related rescheduling reflecting such delay(s) or (ii) such nondelivery. Within thirty (30) days after the Buyer's receipt of such notice, the Buyer may terminate this Agreement as to such rescheduled or nondeliverable Aircraft by giving written notice to the Seller. Such termination will discharge all obligations and liabilities of the parties hereunder with respect to such affected Aircraft, ***.

Appears in 2 contracts

Sources: Purchase Agreement (Us Airways Inc), Purchase Agreement (Us Airways Inc)