Common use of Requests and Approvals Clause in Contracts

Requests and Approvals. 3.3.1 In the event that Northwest requests a change to the Specification, AVSA will issue a Request for Change (RFC) and carry out a feasibility study of such change. If AVSA determines that such RFC is feasible to incorporate, AVSA will produce an SCN and submit such SCN to Northwest for Northwest's approval. If such SCN is rejected by Northwest, such RFC and proposed SCN will be canceled without charge to Northwest. 3.3.2 In the event that Northwest requests AVSA in writing to incorporate a proposed change (excluding Development Changes) in an Aircraft and AVSA agrees to such request but the change is not subsequently made the subject of an SCN for any reason (other than AVSA's unreasonable refusal to sign the SCN or otherwise acting in bad faith), Northwest will pay AVSA the full cost of design and other work resulting from such request and incurred by AVSA, provided that in the event AVSA's reasonable estimate of the cost of developing such proposed change is higher than US$ ***, AVSA shall have notified Northwest in writing within *** Working Days after AVSA's receipt of Northwest's request of such cost estimate and secured Northwest's agreement prior to incurring any such costs. In the event that Northwest requests AVSA in writing to proceed with a proposed change before any requisite approval of the LBA and FAA has been obtained and such LBA or FAA approval is not subsequently obtained, any SCN executed in connection with such proposed change will be ***.

Appears in 2 contracts

Sources: Purchase Agreement (Northwest Airlines Corp), Purchase Agreement (Northwest Airlines Corp)

Requests and Approvals. 3.3.1 In the event that Northwest requests a change to the Specification, AVSA will shall issue a Request for Change (RFC) and carry out a feasibility study of such change. If AVSA determines that such RFC is feasible to incorporate, AVSA will shall produce an SCN and submit such SCN to Northwest for Northwest's approval. If such SCN is rejected by Northwest, such RFC and proposed SCN will shall be canceled without charge to Northwest. 3.3.2 In the event that Northwest requests AVSA in writing to incorporate a proposed change (excluding Development Changes) in an Aircraft and AVSA agrees to such request but the change is not subsequently made the subject of an SCN for any reason (other than AVSA's unreasonable refusal to sign the SCN or otherwise acting in bad faith), Northwest will shall pay AVSA the full cost of design and other work resulting from such request and incurred by AVSA, provided that in the event AVSA's reasonable estimate of the cost of developing such proposed change is higher than US$ ***, (CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT) AVSA shall have notified Northwest in writing within *** Working Days after AVSA's receipt of Northwest's request of such cost estimate and secured Northwest's agreement prior to incurring any such costs. In the event that Northwest requests AVSA in writing to proceed with a proposed change before any requisite approval of the LBA and FAA has been obtained and such LBA or FAA approval is not subsequently obtained, any SCN executed in connection with such proposed change will be ***.(CONFIDENTIAL MATERIAL

Appears in 1 contract

Sources: Purchase Agreement (Northwest Airlines Corp)