Supplier’s Default. 12.3.2.1 In the event any Supplier, under any warranty obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support Agreement, defaults in the performance of any material obligation with respect thereto and the Buyer submits in reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.1 shall apply to the extent the same would have been applicable had such Supplier Part been a Warranted Part, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement shall apply. 12.3.2.2 In the event any Supplier, under any Supplier service life policy obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support Agreement, defaults in the performance of any material obligation with respect thereto and the Buyer submits in reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.2 shall apply to the extent the same would have been applicable had such Supplier Item been listed in Exhibit F, Seller Service Life Policy, except that the Supplier’s service life policy period as indicated in the Supplier Product Support Agreement shall apply. 12.3.2.3 If pursuant to Clause 12.3.2.1 or 12.3.2.2, a defect in a Supplier Part is corrected by the Seller, then at the Seller’s request, the Buyer shall assign to the Seller, and the Seller shall be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to and arising by reason of such default and shall provide reasonable assistance, provided the same is at not more than deminimus out of pocket cost to the Buyer, to enable the Seller to enforce the rights so assigned. AVA - A320 Family PA AMENDED AND RESTATED
Appears in 3 contracts
Sources: Purchase Agreement (Avianca Holdings S.A.), Purchase Agreement (Avianca Holdings S.A.), Purchase Agreement (Avianca Holdings S.A.)
Supplier’s Default. 12.3.2.1 In the event If any Supplier, Supplier under any warranty obtained by the Seller and transferred referred to the Buyer pursuant to the Supplier Product Support Agreement, in Clause 12.3.1 defaults in the performance of any material obligation under such warranty with respect thereto to a Supplier Part, the Buyer has used its best efforts to enforce its rights under such warranty, and the Buyer submits in reasonable time to the Seller evidence, within a reasonable evidence time, that such default has occurred, then Clause 12.1 shall of this Agreement will apply to the extent the same it would have been applicable applied had such Supplier Part been a Warranted Part, to the extent the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s warranty period as indicated in the applicable Supplier Product Support Agreement shall will apply.
12.3.2.2 In the event If any Supplier, Supplier under any Supplier service life policy obtained by the Seller and transferred referred to the Buyer pursuant to the Supplier Product Support Agreement, in Clause 12.3.1 defaults in the performance of any material obligation under such service life policy with respect thereto to a Supplier Part, the Buyer has used best efforts to enforce its rights under such service life policy, and the Buyer submits in within a reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.2 shall will apply to the extent the same would have been applicable applied had such Supplier Item Part been listed in Exhibit FC, Seller Service Life Policy, except to the extent that the Seller can reasonably perform said Supplier’s service life policy period as indicated in the Supplier Product Support Agreement shall applypolicy.
12.3.2.3 If pursuant to Clause 12.3.2.1 or 12.3.2.2, a defect in a Supplier Part is corrected by the Seller, then at At the Seller’s request, the Buyer shall will assign to the Seller, and the Seller shall will be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to to, and arising by reason of of, such default and shall the Buyer will provide reasonable assistance, provided the same is at not more than deminimus out of pocket cost to the Buyer, assistance to enable the Seller to enforce the rights so assigned. AVA - A320 Family PA AMENDED AND RESTATED.
Appears in 3 contracts
Sources: Airbus A350 XWB Purchase Agreement (Us Airways Inc), Airbus A320 Family Aircraft Purchase Agreement (Us Airways Inc), Purchase Agreement (Us Airways Inc)
Supplier’s Default. 12.3.2.1 In the event of any Supplier, under any standard warranty obtained by the Seller and transferred pursuant to Clause 12.3.1, ***** (ii) the Buyer pursuant to the Supplier Product Support Agreement, defaults in the performance of any material obligation with respect thereto and the Buyer submits submitting in reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.1 shall will apply to the extent (a) the same would have been applicable had such Supplier Part been a Warranted Part, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement shall will apply.
12.3.2.2 In the event of any Supplier, under any Supplier service life policy Service Life Policy obtained by the Seller and transferred pursuant to Clause 12.3.1,***** (ii) the Buyer pursuant to the Supplier Product Support Agreement, defaults in the performance of any material obligation with respect thereto and the Buyer submits submitting in reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.2 shall will apply to the extent (a) the same would have been applicable had such Supplier Item been listed in Exhibit F, Seller Service Life Policy, and (b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s service life policy Service Life Policy period as indicated in the Supplier Product Support Agreement shall will apply.
12.3.2.3 If pursuant to Clause 12.3.2.1 or 12.3.2.2, a defect in a Supplier Part is corrected by the Seller, then at At the Seller’s request, the Buyer shall will assign to the Seller, and the Seller shall will be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to and arising by reason of such default and shall will provide reasonable assistance, provided the same is at not more than deminimus out of pocket cost to the Buyer, assistance to enable the Seller to enforce the rights so assigned. AVA - A320 Family PA AMENDED AND RESTATED.
Appears in 3 contracts
Sources: Purchase Agreement (Frontier Group Holdings, Inc.), Purchase Agreement (Frontier Group Holdings, Inc.), Purchase Agreement (Frontier Group Holdings, Inc.)
Supplier’s Default. 12.3.2.1 In the event of any Supplier, under any standard warranty obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support AgreementClause 12.3.1, defaults defaulting in the performance of any material obligation with respect thereto and the Buyer submits submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.1 shall apply to the extent the same would have been applicable had such Supplier Part been a Warranted Part, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement shall apply.
12.3.2.2 In the event of any Supplier, under any Supplier service life policy Service Life Policy obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support AgreementClause 12.3.1, defaults defaulting in the performance of any material obligation with respect thereto and the Buyer submits submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.2 shall apply to the extent the same would have been applicable had such Supplier Item been listed in Exhibit F, Seller Service Life Policy, except that the Supplier’s service life policy Service Life Policy period as indicated in the Supplier Product Support Agreement shall apply.
12.3.2.3 If pursuant to Clause 12.3.2.1 or 12.3.2.2, a defect in a Supplier Part is corrected by the Seller, then at At the Seller’s request, the Buyer shall assign to the Seller, and the Seller shall be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to and arising by reason of such default and shall provide reasonable assistance, provided the same is at not more than deminimus out of pocket cost to the Buyer, assistance to enable the Seller to enforce the rights so assigned. AVA - A320 Family PA AMENDED AND RESTATED.
Appears in 3 contracts
Sources: Purchase Agreement (Avolon Holdings LTD), Purchase Agreement (Avolon Holdings LTD), Purchase Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.)
Supplier’s Default. 12.3.2.1 In the event that any Supplier, under any standard warranty obtained by the Seller and transferred to the Buyer pursuant to the in a Supplier Product Support Agreement, defaults in the performance of any material obligation with respect thereto and subject to (i) the Buyer submits using its commercially reasonable efforts to enforce its rights under such Supplier Product Support Agreement and (ii) the Buyer submitting in reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.1 shall will apply to the extent the same would have been applicable had such Supplier Part been a Warranted Part, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement shall will apply.
12.3.2.2 In the event that any Supplier, under any Supplier service life policy obtained by the Seller and transferred to the Buyer pursuant to the in a Supplier Product Support Agreement, defaults in the performance of any material obligation with respect thereto and subject to (i) the Buyer submits using its commercially reasonable efforts to enforce its rights under such Supplier Product Support Agreement and (ii) the Buyer submitting in reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.2 shall will apply to the extent the same would have been applicable had as if such Supplier Item been listed in Exhibit F, Seller Service Life PolicyPart was an Item, except that the Supplier’s service life policy period as indicated in the Supplier Product Support Agreement shall will apply.
12.3.2.3 If pursuant to Clause 12.3.2.1 or 12.3.2.2, a defect in a Supplier Part is corrected by the Seller, then at At the Seller’s request, the Buyer shall will assign to the Seller, and the Seller shall will be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to and arising by reason of such default and shall will provide reasonable assistance, provided the same is at not more than deminimus out of pocket cost to the Buyer, assistance to enable the Seller to enforce the rights so assigned. AVA - A320 Family PA AMENDED AND RESTATED.
Appears in 2 contracts
Sources: Purchase Agreement (American Airlines, Inc.), Purchase Agreement (American Airlines Inc)
Supplier’s Default. 12.3.2.1 In the event If any Supplier, under any standard warranty obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support Agreementthis Clause 12.3, defaults defaulting in the performance of any material obligation with respect thereto and subject to (i) the Buyer submits using its best efforts to enforce its rights under such Supplier Service Life Policy and (ii) the Buyer submitting in reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.1 of this Agreement shall apply to the extent (i) the same would have been applicable had such Supplier Part been a Warranted Part, and (ii) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement shall will apply.
12.3.2.2 In the event If any Supplier, under any Supplier service life policy Service Life Policy obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support Agreementthis Clause 12.3, defaults defaulting in the performance of any material obligation with respect thereto and subject to (i) the Buyer submits using its best efforts to enforce its rights under such Supplier Service Life Policy and (ii) the Buyer submitting in reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.2 of this Agreement shall apply to the extent (i) the same would have been applicable had such Supplier Item been listed in Exhibit FC, Seller Service Life Policy, and (ii) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s service life policy Service Life Policy period as indicated in the Supplier Product Support Agreement shall will apply.
12.3.2.3 If pursuant to Clause 12.3.2.1 or 12.3.2.2, a defect in a Supplier Part is corrected by the Seller, then at At the Seller’s request, the Buyer shall will assign to the Seller, and the Seller shall will be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect *** Confidential Treatment Requested to and arising by reason of such default and shall the Buyer will provide reasonable assistance, provided the same is at not more than deminimus out of pocket cost to the Buyer, assistance to enable the Seller to enforce the rights so assigned. AVA - A320 Family PA AMENDED AND RESTATED.
Appears in 2 contracts
Sources: Purchase Agreement (Hawaiian Holdings Inc), Purchase Agreement (Hawaiian Holdings Inc)
Supplier’s Default. 12.3.2.1 In the event of any Supplier, under any standard warranty obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support AgreementClause 12.3.1, defaults defaulting in the performance of any material obligation with respect thereto and the Buyer submits submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.1 shall apply to the extent the same would have been applicable had such Supplier Part been a Warranted Part, except that the Supplier’s 's warranty period as indicated in the Supplier Product Support Agreement shall apply.
12.3.2.2 In the event of any Supplier, under any Supplier service life policy Service Life Policy obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support AgreementClause 12.3.1, defaults defaulting in the performance of any material obligation with respect thereto and the Buyer submits submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.2 shall apply to the extent the same would have been applicable had such Supplier Item been listed in Exhibit F, Seller Service Life Policy, except that the Supplier’s service life policy 's Service Life Policy period as indicated in the Supplier Product Support Agreement shall apply.
12.3.2.3 If pursuant to Clause 12.3.2.1 or 12.3.2.2, a defect in a Supplier Part is corrected by At the Seller, then at the Seller’s 's request, the Buyer shall assign to the Seller, and the Seller shall be subrogated to, all of the Buyer’s 's rights against the relevant Supplier with respect to and arising by reason of such default and shall provide reasonable assistance, provided the same is at not more than deminimus out of pocket cost to the Buyer, assistance to enable the Seller to enforce the rights so assigned. AVA - *** This information is subject to confidential treatment and has been omitted and filed separately with the Commission. A319/A320 Family PA AMENDED AND RESTATED– CSN – 01/04 CC-C 3370036/02
Appears in 2 contracts
Sources: A319/A320 Purchase Agreement (China Southern Airlines Co LTD), A319/A320 Purchase Agreement (China Southern Airlines Co LTD)
Supplier’s Default. 12.3.2.1 In the event of any Supplier, under any standard warranty obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support AgreementClause 12.3.1, defaults defaulting in the performance of any material obligation with respect thereto and the Buyer submits submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.1 shall apply to the extent the same would have been applicable had such Supplier Part been a Warranted Part, except that the Supplier’s 's warranty period as indicated in the Supplier Product Support Agreement shall apply.
12.3.2.2 In the event of any Supplier, under any Supplier service life policy Service Life Policy obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support AgreementClause 12.3.1, defaults defaulting in the performance of any material obligation with respect thereto and the Buyer submits submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.2 shall apply to the extent the same would have been applicable had such Supplier Item been listed in Exhibit F, Seller Service Life Policy, except that the Supplier’s service life policy 's Service Life Policy period as indicated in the Supplier Product Support Agreement shall apply.
12.3.2.3 If pursuant to Clause 12.3.2.1 or 12.3.2.2, a defect in a Supplier Part is corrected by At the Seller, then at the Seller’s 's request, the Buyer shall assign to the Seller, and the Seller shall be subrogated to, all of the Buyer’s 's rights against the relevant Supplier with respect to and arising by reason of such default and shall provide reasonable assistance, provided the same is at not more than deminimus out of pocket cost to the Buyer, assistance to enable the Seller to enforce the rights so assigned. AVA - A320 Family PA AMENDED AND RESTATED.
Appears in 2 contracts
Sources: Purchase Agreement (Tam S.A.), Purchase Agreement (KLM Royal Dutch Airlines)
Supplier’s Default. 12.3.2.1 In the event any Supplier, under any warranty obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support Agreement, defaults in the performance of any material obligation with respect thereto and the Buyer submits in reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.1 shall apply to the extent the same would have been applicable had such Supplier Part been a Warranted Part, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement shall apply.
12.3.2.2 In the event any Supplier, under any Supplier service life policy obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support Agreement, defaults in the performance of any material obligation with respect thereto and the Buyer submits in reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.2 shall apply to the extent the same would have been applicable had such Supplier Item been listed in Exhibit F, Seller Service Life Policy, except that the Supplier’s service life policy period as indicated in the Supplier Product Support Agreement shall apply.
12.3.2.3 If pursuant to Clause 12.3.2.1 or 12.3.2.2, a defect in a Supplier Part is corrected by the Seller, then at the Seller’s request, the Buyer shall assign to the Seller, and the Seller shall be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to and arising by reason of such default and shall provide reasonable assistance, provided the same is at not more than deminimus out of pocket cost to the Buyer, to enable the Seller to enforce the rights so assigned. AVA - A320 Family PA AMENDED AND RESTATED.
Appears in 2 contracts
Sources: Purchase Agreement (Avianca Holdings S.A.), Purchase Agreement (Avianca Holdings S.A.)
Supplier’s Default. 12.3.2.1 In the event of any Supplier, under any standard warranty obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support AgreementClause 12.3, defaults defaulting in the performance of any material obligation with respect thereto and the Buyer submits submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.1 shall apply to the extent the same would have been applicable had such Supplier Part been a Warranted Part, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement shall apply.
12.3.2.2 In the event of any Supplier, under any Supplier service life policy obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support AgreementClause 12.3, defaults defaulting in the performance of any material obligation with respect thereto and the Buyer submits submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.2 shall apply to the extent the same would have been applicable had such Supplier Item been listed in Exhibit F, Seller Service Life Policy, except that the Supplier’s service life policy period as indicated in the Supplier Product Support Agreement shall apply.
12.3.2.3 If pursuant to Clause 12.3.2.1 or 12.3.2.2, a defect in a Supplier Part is corrected by the Seller, then at At the Seller’s request, the Buyer shall assign to the Seller, and the Seller shall be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to and arising by reason of such default and shall provide reasonable assistance, provided the same is at not more than deminimus out of pocket cost to the Buyer, assistance to enable the Seller to enforce the rights so assigned. AVA - A320 Family PA AMENDED AND RESTATED.
Appears in 2 contracts
Sources: Aircraft Purchase Agreement (AerCap Holdings N.V.), Aircraft Purchase Agreement (AerCap Holdings N.V.)
Supplier’s Default. 12.3.2.1 In the event of any Supplier, under any standard warranty obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support AgreementClause 12.3.1, defaults defaulting in the performance of any material obligation with respect thereto and the Buyer submits submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.1 shall apply to the extent the same would have been applicable had such Supplier Part been a Warranted Part, except that the Supplier’s 's warranty period as indicated in the Supplier Product Support Agreement shall apply.
12.3.2.2 In the event of any Supplier, under any Supplier service life policy Service Life Policy obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support AgreementClause 12.3,1, defaults defaulting in the performance of any material obligation with respect thereto and the Buyer submits submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.2 shall apply to the extent the same would have been applicable had such Supplier Item been listed in Exhibit F, Seller Service Life Policy, except that the Supplier’s service life policy 's Service Life Policy period as indicated in the Supplier Product Support Agreement shall apply.
12.3.2.3 If pursuant to Clause 12.3.2.1 or 12.3.2.2, a defect in a Supplier Part is corrected by At the Seller, then at the Seller’s 's request, the Buyer shall assign to the Seller, and the Seller shall be subrogated to, all of the Buyer’s 's rights against the relevant Supplier with respect to and arising by reason of such default and shall provide reasonable assistance, provided the same is at not more than deminimus out of pocket cost to the Buyer, assistance to enable the Seller to enforce the rights so assigned. AVA Clause 12 - A320 Family PA AMENDED AND RESTATED11/14
Appears in 2 contracts
Sources: Purchase Agreement (China Eastern Airlines Corp LTD), Purchase Agreement (China Eastern Airlines Corp LTD)
Supplier’s Default. 12.3.2.1 In the event If any Supplier, Supplier under any warranty obtained by the Seller and transferred referred to the Buyer pursuant to the Supplier Product Support Agreement, in Clause 12.3.1 defaults in the performance of any material obligation under such warranty with respect thereto to a Supplier Part, the Buyer has used its best efforts to enforce its rights under such warranty, and the Buyer submits in reasonable time to the Seller evidence, within a reasonable evidence time, that such default has occurred, then Clause 12.1 shall of this Agreement will apply to the extent the same it would have been applicable applied had such Supplier Part been a Warranted Part, to the extent the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s warranty period as indicated in the applicable Supplier Product Support Agreement shall will apply.
12.3.2.2 In the event If any Supplier, Supplier under any Supplier service life policy obtained by the Seller and transferred referred to the Buyer pursuant to the Supplier Product Support Agreement, in Clause 12.3.1 defaults in the performance of any material obligation under such service life policy with respect thereto to a Supplier Part, the Buyer has used best efforts to enforce its rights under such service life policy, and the Buyer submits in within a reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.2 shall will apply to the extent the same would have been applicable applied had such Supplier Item Part been listed in Exhibit FC, Seller Service Life Policy, except to the extent that the Seller can reasonably perform said Supplier’s service life policy period as indicated in the Supplier Product Support Agreement shall applypolicy.
12.3.2.3 If pursuant to Clause 12.3.2.1 or 12.3.2.2, a defect in a Supplier Part is corrected by the Seller, then at At the Seller’s request, the Buyer shall will assign to the Seller, and the Seller shall will be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to to, and arising by reason of of, such default and shall the Buyer will provide reasonable assistance, provided the same is at not more than deminimus out of pocket cost to the Buyer, assistance to enable the Seller to enforce the rights so assigned. AVA - A320 Family USA — Amended and Restated Airbus A350 XWB Purchase Agreement PA AMENDED — 53 of 109 EXECUTION PRIVILEGED AND RESTATEDCONFIDENTIAL
Appears in 1 contract
Sources: Airbus A350 XWB Purchase Agreement (Us Airways Inc)
Supplier’s Default. 12.3.2.1 In the event of any Supplier, under any standard warranty obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support AgreementClause 12.3.1, defaults defaulting in the performance of any material obligation with respect thereto and the Buyer submits submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.1 shall apply to the extent the same would have been applicable had such Supplier Part been a Warranted Part, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement shall apply.
12.3.2.2 In the event of any Supplier, under any Supplier service life policy Service Life Policy obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support AgreementClause 12.3.1, defaults defaulting in the performance of any material obligation with respect thereto and the Buyer submits submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.2 shall apply to the extent the same would have been applicable had such Supplier Item been listed in Exhibit F, Seller Service Life Policy, except that the Supplier’s service life policy Service Life Policy period as indicated in the Supplier Product Support Agreement shall apply.
12.3.2.3 If pursuant to Clause 12.3.2.1 or 12.3.2.2, a defect in a Supplier Part is corrected by the Seller, then at At the Seller’s request, the Buyer shall assign to the Seller, and the Seller shall be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to and arising by reason of such default and shall provide reasonable assistance, provided the same is at not more than deminimus out of pocket cost to the Buyer, assistance to enable the Seller to enforce the rights so assigned. AVA - A320 Family PA AMENDED AND RESTATEDExecution Version Avolon – A330neo Purchase Agreement, ref CLC-CT1404183
Appears in 1 contract
Supplier’s Default. 12.3.2.1 In the event that any Supplier, Supplier under any standard warranty obtained by the Seller pursuant to Sub-clause 12.3.1 hereof defaults in the performance of any material obligation under such warranty with respect to a Supplier Part, and transferred the Buyer submits within a reasonable time to the Buyer pursuant Seller reasonable proof that such default has occurred, then Sub-clause 12.1 of this Agreement will apply to the extent it would have applied had such Supplier Part been a Warranted Part except that, for obligations covered under Sub-clause 12.1, the shorter of (i) the Supplier's warranty period indicated in the Supplier Product Support AgreementAgreements manual, and (ii) the Seller's warranty period indicated in Sub-clause 12.1.3 of this Agreement will apply.
12.3.2.2 In the event that any Supplier under any Supplier service life policy obtained by the Seller pursuant to Sub-clause 12.3.1 hereof defaults in the performance of any material obligation with respect thereto thereto, and the Buyer submits in within reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.1 shall Sub-clause 12.2 of this Agreement will apply to the extent the same would have been applicable applied had such Supplier Part been a Warranted Partcomponent, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement shall apply.
12.3.2.2 In the event any Supplierequipment, under any Supplier service life policy obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support Agreement, defaults in the performance of any material obligation with respect thereto and the Buyer submits in reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.2 shall apply to the extent the same would have been applicable had such Supplier Item accessory or part been listed in Exhibit F, Seller Service Life Policy, except that the Supplier’s service life policy period as indicated in the Supplier Product Support Agreement shall applyC hereto.
12.3.2.3 If pursuant to Clause 12.3.2.1 or 12.3.2.2, a defect in a Supplier Part is corrected by At the Seller, then at the Seller’s 's request, the Buyer shall will assign to the Seller, and the Seller shall will be subrogated to, all of the Buyer’s 's rights against the relevant Supplier Supplier, with respect to to, and arising by reason of of, such default and shall the Buyer will provide reasonable assistance, provided the same is at not more than deminimus out of pocket cost to the Buyer, assistance to enable the Seller to enforce the rights so assigned. AVA - A320 Family PA AMENDED AND RESTATED.
Appears in 1 contract
Sources: Purchase Agreement (Fedex Corp)
Supplier’s Default. 12.3.2.1 In the event [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SEC PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT].
12.3.2.2 If any Supplier, Supplier under any warranty obtained by the Seller and transferred Supplier service life policy referred to the Buyer pursuant in to the Supplier Product Support Agreement, Clause 12.3.1 defaults in the performance of any material obligation with respect thereto under such service life policy, and (i) the Buyer has used its [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SEC PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] efforts to enforce its rights under such service life policy, and (ii) the Buyer submits in reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.1 shall apply to the extent the same would have been applicable had such Supplier Part been a Warranted Part, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement shall apply.
12.3.2.2 In the event any Supplier, under any Supplier service life policy obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support Agreement, defaults in the performance of any material obligation with respect thereto and the Buyer submits in within reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.2 shall of this Agreement will apply to the extent the same would have been applicable applied had such Supplier Item component, equipment, accessory or part been listed in Exhibit FF hereto, Seller Service Life Policy, except to the extent that the Seller can reasonably perform said Supplier’s service life policy period as indicated in the Supplier Product Support Agreement shall applypolicy.
12.3.2.3 If pursuant to Clause 12.3.2.1 or 12.3.2.2, a defect in a Supplier Part is corrected by the Seller, then at At the Seller’s request, the Buyer shall will assign to the Seller, and the Seller shall will be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to to, and arising by reason of of, such default and shall the Buyer will provide reasonable assistance, provided the same is at not more than deminimus out of pocket cost to the Buyer, assistance to enable the Seller to enforce the rights so assigned. AVA - A320 Family PA AMENDED AND RESTATED.
Appears in 1 contract
Sources: Warranties and Service Life Policy (United Air Lines Inc)
Supplier’s Default. 12.3.2.1 In the event If any Supplier, Supplier under any warranty obtained by the Seller and transferred referred to the Buyer pursuant to the Supplier Product Support Agreement, in Clause 12.3.1 defaults in the performance of any material obligation under such warranty with respect thereto to a Supplier Part and the Buyer submits in reasonable time to the Seller evidence, within a reasonable evidence time, that such default has occurred, then Clause 12.1 shall of this Agreement will apply to the extent the same it would have been applicable applied had such Supplier Part been a Warranted Part, to the extent the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement shall Agreements will apply.
12.3.2.2 In the event If any Supplier, Supplier under any Supplier service life policy obtained by the Seller and transferred referred to the Buyer pursuant in to the Supplier Product Support Agreement, Clause 12.3.1 defaults in the performance of any material obligation with respect thereto under such service life policy, and (i) the Buyer has used its best efforts to enforce its rights under such service life policy, and (ii) the Buyer submits in within reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.2 shall of this Agreement will apply to the extent the same would have been applicable applied had such Supplier Item component, equipment, accessory or part been listed in Exhibit FF hereto, Seller Service Life Policy, except to the extent that the Seller can reasonably perform said Supplier’s service life policy period as indicated in the Supplier Product Support Agreement shall applypolicy.
12.3.2.3 If pursuant to Clause 12.3.2.1 or 12.3.2.2, a defect in a Supplier Part is corrected by the Seller, then at At the Seller’s request, the Buyer shall will assign to the Seller, and the Seller shall will be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to to, and arising by reason of of, such default and shall the Buyer will provide reasonable assistance, provided the same is at not more than deminimus out of pocket cost to the Buyer, assistance to enable the Seller to enforce the rights so assigned. AVA - A320 Family PA AMENDED AND RESTATED.
Appears in 1 contract
Sources: A350 900 Purchase Agreement (United Airlines, Inc.)
Supplier’s Default. 12.3.2.1 In the event of any Supplier, under any standard warranty obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support AgreementClause 12.3.1, defaults defaulting in the performance of any material obligation with respect thereto and the Buyer submits submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.1 shall apply to the extent the same would have been applicable had such Supplier Part been a Warranted Part, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement shall apply.
12.3.2.2 In the event of any Supplier, under any Supplier service life policy Service Life Policy obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support AgreementClause 12.3.1, defaults defaulting in the performance of any material obligation with respect thereto and the Buyer submits submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.2 shall apply to the extent the same would have been applicable had such Supplier Item been listed in Exhibit F, Seller Service Life Policy, except that the Supplier’s service life policy Service Life Policy period as indicated in the Supplier Product Support Agreement shall apply.
12.3.2.3 If pursuant to Clause 12.3.2.1 or 12.3.2.2, a defect in a Supplier Part is corrected by the Seller, then at At the Seller’s request, the Buyer shall assign to the Seller, and the Seller shall be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to and arising by reason of such default and shall provide reasonable assistance, provided the same is at not more than deminimus out of pocket cost to the Buyer, assistance to enable the Seller to enforce the rights so assigned. AVA - A320 Family PA AMENDED AND RESTATEDA350 XWB – TAM – 12/2007
Appears in 1 contract
Supplier’s Default. 12.3.2.1 In the event of any Supplier, under any standard warranty obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support AgreementClause 12.3.1, defaults defaulting in the performance of any material obligation with respect thereto and the Buyer submits submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.1 shall apply to the extent the same would have been applicable had such Supplier Part been a Warranted Part, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement shall apply.
12.3.2.2 In the event of any Supplier, under any Supplier service life policy Service Life Policy obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support AgreementClause 12.3.1, defaults defaulting in the performance of any material obligation with respect thereto and the Buyer submits submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.2 shall apply to the extent the same would have been applicable had such Supplier Item been listed in Exhibit F, Seller Service Life Policy, except that the Supplier’s service life policy Service Life Policy period as indicated in the Supplier Product Support Agreement shall apply.
12.3.2.3 If pursuant to Clause 12.3.2.1 or 12.3.2.2, a defect in a Supplier Part is corrected by the Seller, then at At the Seller’s request, the Buyer shall assign to the Seller, and the Seller shall be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to and arising by reason of such default and shall provide reasonable assistance, provided the same is at not more than deminimus out of pocket cost to the Buyer, assistance to enable the Seller to enforce the rights so assigned. AVA A320F NEO - A320 Family PA AMENDED AND RESTATEDCES 2013 Private & Confidential CT1302606
Appears in 1 contract
Sources: Purchase Agreement (China Eastern Airlines Corp LTD)
Supplier’s Default. 12.3.2.1 (i) In the event of any Supplier, under any standard warranty obtained by the Seller and transferred pursuant to Clause 12.3.1, ***** the Buyer pursuant to the Supplier Product Support Agreement, defaults in the performance of any material obligation with respect thereto and the Buyer submits submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.1 shall apply to the extent the same would have been applicable had such Supplier Part been a Warranted Part, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement shall apply.
12.3.2.2 (ii) In the event of any Supplier, under any Supplier service life policy Service Life Policy obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support AgreementClause 12.3.1, defaults in the performance of any material obligation with respect thereto ***** and the Buyer submits submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.2 shall apply to the extent the same would have been applicable had such Supplier Item been listed in Exhibit F, Seller Service Life Policy, except that the Supplier’s service life policy Service Life Policy period as indicated in the Supplier Product Support Agreement shall apply.
12.3.2.3 If pursuant to Clause 12.3.2.1 or 12.3.2.2, a defect in a Supplier Part is corrected by the Seller, then at (iii) At the Seller’s request, the Buyer shall assign to the Seller, and the Seller shall be subrogated to, all of the Buyer’s rights against the relevant Supplier ***** Confidential portions of the material have been omitted and filed separately with respect to the Securities and arising by reason of such default and shall provide reasonable assistance, provided the same is at not more than deminimus out of pocket cost to the Buyer, to enable the Seller to enforce the rights so assigned. AVA - A320 Family PA AMENDED AND RESTATEDExchange Commission.
Appears in 1 contract
Sources: Assignment and Assumption Agreement (Frontier Group Holdings, Inc.)
Supplier’s Default. 12.3.2.1 In the event that any Supplier, Supplier under any standard warranty or indemnity against patent infringements obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support Agreement, Subclause 12.3.1 or Clause 13 hereof defaults in the performance of any material obligation under such warranty or indemnity against patent infringements with respect thereto to a Supplier Part, and the Buyer submits in within a reasonable time to the Seller reasonable evidence proof that such default has occurred, then Subclause 12.1 or Clause 12.1 13 of the Agreement shall apply to the extent the same would have been applicable had such Supplier Part been a Warranted PartPart except that, except that for obligations covered under Subclause 12.1, the shorter of (i) the Supplier’s warranty period as indicated in the Supplier Product Support Agreements and (ii) the Seller’s warranty period as indicated in Subclause 12.1.3 of the Agreement shall apply.
12.3.2.2 In the event that any Supplier, Supplier under any Supplier service life policy obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support Agreement, Subclause 12.3.1 hereof defaults in the performance of any material obligation with respect thereto thereto, and the Buyer submits in within reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause Subclause 12.2 of the Agreement shall apply to the extent the same would have been applicable had such Supplier Item component, equipment, accessory or part been listed in Exhibit F, Seller Service Life Policy, except that the Supplier’s service life policy period as indicated in the Supplier Product Support Agreement shall applyF hereto.
12.3.2.3 If pursuant to Clause 12.3.2.1 or 12.3.2.2, a defect in a Supplier Part is corrected by the Seller, then at At the Seller’s request, the Buyer shall assign to the Seller, and the Seller shall be subrogated to, all of the Buyer’s rights against the relevant Supplier Supplier, with respect to and arising by reason of such default and the Buyer shall provide reasonable assistance, provided the same is at not more than deminimus out of pocket cost to the Buyer, assistance to enable the Seller to enforce the rights so assigned. AVA - A320 Family PA AMENDED AND RESTATED.
Appears in 1 contract
Supplier’s Default. 12.3.2.1 In the event If any Supplier, Supplier under any warranty obtained by the Seller pursuant to Clause 17.1 hereof defaults in the performance of any material obligation under such warranty with respect to a Supplier Part, and transferred the Buyer has used [***] efforts to enforce its rights under such warranty, and the Buyer, upon the Seller’s request, submits reasonable evidence, within a reasonable time, that such default has occurred, then Clause 12.1 of this Agreement will apply to the Buyer pursuant to extent it would have applied had such Supplier Part been a Warranted Part, except that, for obligations covered under Clause 12.1, the Supplier’s warranty period indicated in the Supplier Product Support AgreementAgreements manual will apply. However, to the extent [***].
12.3.2.2 If any Supplier under any Supplier service life policy obtained by the Seller pursuant to Clause 17.1 hereof defaults in the performance of any material obligation with respect thereto thereto, and the Buyer has used [***] efforts to enforce its rights under such service life policy, and the Buyer, upon the Seller’s request, submits in evidence within a reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.1 shall apply to the extent the same would have been applicable had such Supplier Part been a Warranted Part, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement shall apply.
12.3.2.2 In the event any Supplier, under any Supplier service life policy obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support Agreement, defaults in the performance of any material obligation with respect thereto and the Buyer submits in reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.2 shall of this Agreement will apply to the extent the same would have been applicable applied had such Supplier Item component, equipment, accessory or part been a part listed in Exhibit F, Seller Service Life PolicyC hereto, except that for obligations covered under Clause 12.2, the Supplier’s service life policy period as indicated in the Supplier Product Support Agreement shall Agreements will apply, to the extent that the Seller can reasonably perform or caused to be performed said Supplier’s obligations.
12.3.2.3 If pursuant to Clause 12.3.2.1 or 12.3.2.2, a defect in a Supplier Part is corrected by the Seller, then at At the Seller’s request, the Buyer shall will assign to the Seller, and the Seller shall will be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to to, and arising by reason of such default any defaults of the Supplier that Seller has cured and shall the Buyer will provide reasonable assistance, provided the same is at not more than deminimus out of pocket cost to the Buyer, assistance to enable the Seller to enforce the rights so assigned. AVA - A320 Family PA AMENDED AND RESTATEDNothing stated herein will preclude the Buyer from proceeding against the Supplier in any dispute with the Supplier with respect to any provisions of the Supplier Warranty and/or Service Life Policy that have not been assigned to the Seller.
Appears in 1 contract
Sources: Purchase Agreement (Flyi Inc)
Supplier’s Default. 12.3.2.1 In the event that any Supplier, Supplier under any standard warranty or indemnity against patent infringements obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support Agreement, Subclause 12.3.1 or Subclause 13.1 hereof defaults in the performance of any material obligation under such warranty or indemnity against patent infringements with respect thereto to a Supplier Part, and the Buyer submits in within a reasonable time to the Seller reasonable evidence proof that such default has occurred, then Subclause 12.1 or Clause 12.1 13 of the Agreement shall apply to the extent the same would have been applicable had such Supplier Part been a Warranted PartPart except that, except that for obligations covered under Subclause 12.1, the shorter of (i) the Supplier’s warranty period as indicated in the Supplier Product Support Agreements and (ii) the Seller’s warranty period as indicated in Subclause 12.1.3 of the Agreement shall apply.
12.3.2.2 In the event that any Supplier, Supplier under any Supplier service life policy Service Life Policy obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support Agreement, Subclause 12.3 hereof defaults in the performance of any material obligation with respect thereto thereto, and the Buyer submits in within reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause Subclause 12.2 of the Agreement shall apply to the extent the same would have been applicable had such Supplier Item component, equipment, accessory or part been listed in Exhibit F, Seller Service Life Policy, except that the Supplier’s service life policy period as indicated in the Supplier Product Support Agreement shall applyF hereto.
12.3.2.3 If pursuant to Clause 12.3.2.1 or 12.3.2.2, a defect in a Supplier Part is corrected by the Seller, then at At the Seller’s request, the Buyer shall assign to the Seller, and the Seller shall be subrogated to, all of the Buyer’s rights against the relevant Supplier Supplier, with respect to and arising by reason of such default and the Buyer shall provide reasonable assistance, provided the same is at not more than deminimus out of pocket cost to the Buyer, assistance to enable the Seller to enforce the rights so assigned. AVA - A320 Family PA AMENDED AND RESTATED.
Appears in 1 contract
Sources: Aircraft Purchase Agreement (Delta Air Lines, Inc.)
Supplier’s Default. 12.3.2.1 In the event that any Supplier, Supplier under any standard warranty or indemnity against patent infringements obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support Agreement, Subclause 12.3.1 or Clause 13 hereof defaults in the performance of any material obligation under such warranty or indemnity against patent infringements with respect thereto to a Supplier Part, and the Buyer submits in within a reasonable time to the Seller reasonable evidence proof that such default has occurred, then Subclause 12.1 or Clause 12.1 13 of the Agreement shall apply to the extent the same would have been applicable had such Supplier Part been a Warranted PartPart except that, except that for obligations covered under Subclause 12.1, the shorter of (i) the Supplier’s warranty period as indicated in the Supplier Product Support Agreements and (ii) the Seller’s warranty period as indicated in Subclause 12.1.3 of the Agreement shall apply.
12.3.2.2 In the event that any Supplier, Supplier under any Supplier service life policy obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support Agreement, Subclause 12.3.1 hereof defaults in the performance of any material obligation with respect thereto thereto, and the Buyer submits in within reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause Subclause 12.2 of the Agreement shall apply to the extent the same would have been applicable had such Supplier Item component, equipment, accessory or part been listed in Exhibit F, Seller Service Life Policy, except that the Supplier’s service life policy period as indicated in the Supplier Product Support Agreement shall applyF hereto.
12.3.2.3 If pursuant to Clause 12.3.2.1 or 12.3.2.2, a defect in a Supplier Part is corrected by the Seller, then at At the Seller’s request, the Buyer shall assign to the Seller, and the Seller shall be subrogated to, all of the Buyer’s rights against the relevant Supplier Supplier, with respect to and arising by reason of such default and the Buyer shall provide reasonable assistance, provided the same is at not more than deminimus out of pocket cost to the Buyer, assistance to enable the Seller to enforce the rights so assigned. AVA - A320 Family CT1707017 PA AMENDED AND RESTATEDA321 NEO EXECUTION
Appears in 1 contract
Supplier’s Default. 12.3.2.1 In the event that any Supplier, Supplier under any warranty obtained by the Seller pursuant to Clause 12.3.1 hereof defaults in the performance of any material obligation under such warranty with respect to a Supplier Part, and transferred the Buyer submits within a reasonable time to the Buyer pursuant Seller reasonable proof that such default has occurred, then Clause 12.1 of this Agreement will apply to the extent it would have applied had such Supplier Part been a Warranted Part except that, for obligations covered under Clause 12.1, the shorter of (i) the Supplier's warranty period indicated in the Supplier Product Support Agreement, Agreements manual and (ii) the Seller's warranty period indicated in Clause 12.1.3 of this Agreement will apply.
12.3.2.2 In the event that any Supplier under any Supplier service life policy obtained by the Seller pursuant to Clause 12.3.1 hereof defaults in the performance of any material obligation with respect thereto thereto, and the Buyer submits in within reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.1 shall apply to the extent the same would have been applicable had such Supplier Part been a Warranted Part, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement shall apply.
12.3.2.2 In the event any Supplier, under any Supplier service life policy obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support Agreement, defaults in the performance of any material obligation with respect thereto and the Buyer submits in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.2 shall of this Agreement will apply to the extent the same would have been applicable applied had such Supplier Item component, equipment, accessory or part been listed in Exhibit F, Seller Service Life Policy, except that the Supplier’s service life policy period as indicated in the Supplier Product Support Agreement shall applyC hereto.
12.3.2.3 If pursuant to Clause 12.3.2.1 or 12.3.2.2, a defect in a Supplier Part is corrected by At the Seller, then at the Seller’s 's request, the Buyer shall will assign to the Seller, and the Seller shall will be subrogated to, all of the Buyer’s 's rights against the relevant Supplier Supplier, with respect to and arising by reason of such default and shall the Buyer will provide reasonable assistance, provided the same is at not more than deminimus out of pocket cost to the Buyer, assistance to enable the Seller to enforce the rights so assigned. AVA - A320 Family PA AMENDED AND RESTATED.
Appears in 1 contract
Supplier’s Default. 12.3.2.1 In the event of any Supplier, under any standard warranty obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support AgreementClause 12.3.1, defaults defaulting in the performance of any material obligation with respect thereto and the Buyer submits submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.1 shall apply to the extent the same would have been applicable had such Supplier Part been a Warranted Part, except that the Supplier’s 's warranty period as indicated in the Supplier Product Support Agreement shall apply.
12.3.2.2 In the event of any Supplier, under any Supplier service life policy Service Life Policy obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support AgreementClause 12.3.1, defaults defaulting in the performance of any material obligation with respect thereto and the Buyer submits submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.2 shall apply to the extent the same would have been applicable had such Supplier Item been listed in Exhibit F, Seller Service Life Policy, except that the Supplier’s service life policy 's Service Life Policy period as indicated in the Supplier Product Support Agreement shall apply.
12.3.2.3 If pursuant to Clause 12.3.2.1 or 12.3.2.2, a defect in a Supplier Part is corrected by At the Seller, then at the Seller’s 's request, the Buyer shall assign to the Seller, and the Seller shall be subrogated to, all of the Buyer’s 's rights against the relevant Supplier with respect to and arising by reason of such default and shall provide reasonable assistance, provided the same is at not more than deminimus out of pocket cost to the Buyer, assistance to enable the Seller to enforce the rights so assigned. AVA - A320 Family PA AMENDED AND RESTATED*** This information is subject to confidential treatment and has been omitted and filed separately with the Commission. CT0803291 Private & Confidential
Appears in 1 contract
Sources: Aircraft General Terms Agreement (China Southern Airlines Co LTD)
Supplier’s Default. 12.3.2.1 In the event If any Supplier, Supplier under any warranty obtained by the Seller and transferred referred to the Buyer pursuant to the Supplier Product Support Agreement, in Clause 12.3.1 defaults in the performance of any material obligation under such warranty with respect thereto to a Supplier Part and the Buyer submits in reasonable time to the Seller evidence, within a reasonable evidence time, that such default has occurred, then Clause 12.1 shall of this Agreement will apply to the extent the same it would have been applicable applied had such Supplier Part been a Warranted Part, to the extent the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement shall Agreements will apply.. *** Confidential Treatment Requested
12.3.2.2 In the event If any Supplier, Supplier under any Supplier service life policy obtained by the Seller and transferred referred to the Buyer pursuant in to the Supplier Product Support Agreement, Clause 12.3.1 defaults in the performance of any material obligation with respect thereto under such service life policy, and (i) the Buyer has used its best reasonable efforts to enforce its rights under such service life policy, and (ii) the Buyer submits in within reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.2 shall of this Agreement will apply to the extent the same would have been applicable applied had such Supplier Item component, equipment, accessory or part been listed in Exhibit FC hereto, Seller Service Life Policy, except to the extent that the Seller can reasonably perform said Supplier’s service life policy period as indicated in the Supplier Product Support Agreement shall applypolicy.
12.3.2.3 If pursuant to Clause 12.3.2.1 or 12.3.2.2, a defect in a Supplier Part is corrected by the Seller, then at At the Seller’s request, the Buyer shall will assign to the Seller, and the Seller shall will be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to to, and arising by reason of of, such default and shall the Buyer will provide reasonable assistance, provided the same is at not more than deminimus out of pocket cost to the Buyer, assistance to enable the Seller to enforce the rights so assigned. AVA - A320 Family PA AMENDED AND RESTATED.
Appears in 1 contract
Supplier’s Default. 12.3.2.1 In the event of any Supplier, under any standard warranty obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support AgreementClause 12.3.1, defaults defaulting in the performance of any material obligation with respect thereto and the Buyer submits submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.1 shall apply to the extent the same would have been applicable had such Supplier Part been a Warranted Part, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement shall apply.
12.3.2.2 In the event of any Supplier, under any Supplier service life policy Service Life Policy obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support AgreementClause 12.3.1, defaults defaulting in the performance of any material obligation with respect thereto and the Buyer submits submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.2 shall apply to the extent the same would have been applicable had such Supplier Item been listed in Exhibit F, Seller Service Life Policy, except that the Supplier’s service life policy Service Life Policy period as indicated in the Supplier Product Support Agreement shall apply.
12.3.2.3 If pursuant to Clause 12.3.2.1 or 12.3.2.2, a defect in a Supplier Part is corrected by the Seller, then at At the Seller’s request, the Buyer shall assign to the Seller, and the Seller shall be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to and arising by reason of such default and shall provide reasonable assistance, provided the same is at not more than deminimus out of pocket cost to the Buyer, assistance to enable the Seller to enforce the rights so assigned. AVA - A320 Family PA AMENDED AND RESTATED/ A330 – TAM – 11/2006 “[* * *]” This information is subject to confidential treatment and has been omitted and filed separately with the commission.
Appears in 1 contract
Supplier’s Default. 12.3.2.1 In the event that any Supplier, under any standard warranty obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support AgreementClause 12.3.1, defaults in the performance of any material obligation with respect thereto and the Buyer submits in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.1 shall apply to the extent the same would have been applicable had such Supplier Part been a Warranted Part, except that the Supplier’s 's warranty period as indicated in the Supplier Product Support Agreement shall apply.
12.3.2.2 In the event that any Supplier, under any Supplier service life policy Service Life Policy obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support AgreementClause 12.3.1, defaults in the performance of any material obligation with respect thereto and the Buyer submits in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.2 shall apply to the extent the same would have been applicable had such Supplier Item been listed in Exhibit F, Seller Service Life Policy, except that the Supplier’s service life policy 's Service Life Policy period as indicated in the Supplier Product Support Agreement shall apply.
12.3.2.3 If pursuant to Clause 12.3.2.1 or 12.3.2.2, a defect in a Supplier Part is corrected by At the Seller, then at the Seller’s 's request, the Buyer shall assign to the Seller, and the Seller shall be subrogated to, all of the Buyer’s 's rights against the relevant Supplier with respect to and arising by reason of such default and the Buyer shall provide reasonable assistance, provided the same is at not more than deminimus out of pocket cost to the Buyer, assistance to enable the Seller to enforce the rights so assigned. AVA - A320 Family PA AMENDED AND RESTATED.
Appears in 1 contract
Supplier’s Default. 12.3.2.1 In the event If any Supplier, Supplier under any warranty obtained by the Seller and transferred referred to the Buyer pursuant to the Supplier Product Support Agreement, in Clause 12.3.1 defaults in the performance of any material obligation under such warranty with respect thereto to a Supplier Part and the Buyer submits in reasonable time to the Seller evidence, within a reasonable evidence time, that such default has occurred, then Clause 12.1 shall of this Agreement will apply to the extent the same it would have been applicable applied had such Supplier Part been a Warranted Part, to the extent the Seller can reasonably perform, or arranged to perform, to said Supplier’s obligations, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement shall Agreements will apply.
12.3.2.2 In the event If any Supplier, Supplier under any Supplier service life policy obtained by the Seller and transferred referred to the Buyer pursuant to the Supplier Product Support Agreement, in Clause 12.3.1 defaults in the performance of any material obligation with respect thereto under such service life policy, and (i) the Buyer has used its commercially reasonable efforts to enforce its rights under such service life policy, and (ii) the Buyer submits in within reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.2 shall of this Agreement will apply to the extent the same would have been applicable applied had such Supplier Item component, equipment, accessory or part been listed in Exhibit FC hereto, Seller Service Life Policy, except to the extent that the Seller can reasonably perform, or arranged to perform, said Supplier’s service life policy period as indicated in the Supplier Product Support Agreement shall applypolicy.
12.3.2.3 If pursuant to Clause 12.3.2.1 or 12.3.2.2, a defect in a Supplier Part is corrected by the Seller, then at At the Seller’s request, the Buyer shall will assign to the Seller, and the Seller shall will be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to to, and arising by reason of of, such default and shall the Buyer will provide reasonable assistance, provided the same is at not more than deminimus out of pocket cost to the Buyer, assistance to enable the Seller to enforce the rights so assigned. AVA INTREPID – A330-200F PA - A320 Family PA AMENDED Execution Version – 05/2007 45/134 CONFIDENTIAL AND RESTATEDPROPRIETARY INFORMATION ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.
Appears in 1 contract
Supplier’s Default. 12.3.2.1 12.3.1.2.1 In the event of any Supplier, under any standard warranty obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support AgreementClause 12.3.1, defaults defaulting in the performance of any material obligation with respect thereto and the Buyer submits submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.1 shall apply to the extent the same would have been applicable had such Supplier Part been a Warranted Part, except that the Supplier’s warranty period as indicated in the Supplier Product Support Agreement shall apply.
12.3.2.2 12.3.1.2.2 In the event of any Supplier, under any Supplier service life policy Service Life Policy obtained by the Seller and transferred to the Buyer pursuant to the Supplier Product Support AgreementClause 12.3.1, defaults defaulting in the performance of any material obligation with respect thereto and the Buyer submits submitting in reasonable time to the Seller reasonable evidence proof that such default has occurred, then Clause 12.2 shall apply to the extent the same would have been applicable had such Supplier Item been listed in Exhibit F, Seller Service Life Policy, except that the Supplier’s service life policy Service Life Policy period as indicated in the Supplier Product Support Agreement shall apply.
12.3.2.3 If pursuant to Clause 12.3.2.1 or 12.3.2.2, a defect in a Supplier Part is corrected by the Seller, then at 12.3.1.2.3 At the Seller’s request, the Buyer shall assign to the Seller, and the Seller shall be subrogated to, all of the Buyer’s rights against the relevant Supplier with respect to and arising by reason of such default and shall provide reasonable assistance, provided the same is at not more than deminimus out of pocket cost to the Buyer, assistance to enable the Seller to enforce the rights so assigned. AVA - A320 Family PA AMENDED AND RESTATED“[***]” This information is subject to confidential treatment and has been omitted and filed separately with the commission.
Appears in 1 contract
Sources: A 350 XWB Purchase Agreement (Latam Airlines Group S.A.)