Common use of Termination for Excusable Delay Clause in Contracts

Termination for Excusable Delay. (a) In the event that Delivery has not occurred within ten (10) days following the relevant Contract Aircraft’s Scheduled Delivery Date as a consequence of an Excusable Delay, the Parties shall endeavour to agree on a course of action. If Delivery has not occurred within [*] of the relevant Contract Aircraft’s Scheduled Delivery Date as a consequence of an Excusable Delay, then M&B and Supplier shall have the right to reschedule such Contract Aircraft to another Conversion Slot, or if such rescheduling is not acceptable to all Parties, then Customer, in the case of a Supplier Excusable Delay, or M&B and Supplier, in the case of a Customer Excusable Delay, acting in good faith, shall have the right to terminate this Agreement forthwith in respect of such Contract Aircraft by notice in writing to the other Party or Parties, whereupon no Party shall have any liability to any other under this Agreement in respect of such Contract Aircraft. (b) If, following Delivery, performance of the Services is delayed by an event of Excusable Delay for a continuous period of [*], the Party whose performance has not been prevented by the event of Excusable Delay (for the avoidance of doubt, Customer in the event of an Supplier Excusable Delay and Supplier in the event of a Customer Excusable Delay) shall have the right to terminate this Agreement forthwith in respect of such Contract Aircraft by notice in writing to the other Party; provided that such right of termination may be exercised only while the event of Excusable Delay is continuing. (c) In the event of termination under Clause 12.10(b), Clause 19.4 shall apply.