Common use of Termination on Excusable Delay Clause in Contracts

Termination on Excusable Delay. 10.3.1 If the Delivery of any Aircraft is delayed as a result of an Excusable Delay for a period of [*****] then either party may terminate this Agreement with respect to the Aircraft so affected by giving written notice to the other party within [*****] period provided that the Buyer shall not be entitled to terminate this Agreement pursuant to this Clause if the Excusable Delay results from a cause within its control. 10.3.2 If the Seller concludes that the Delivery of any Aircraft shall be delayed for [*****] due to an Excusable Delay and as a result thereof reschedules Delivery of such Aircraft to a date or month reflecting such delay then the Seller shall promptly notify the Buyer in writing to this effect and shall include in such notification the new Scheduled Delivery Month. Either party may thereupon terminate this Agreement with respect to such Aircraft by giving written notice to the other party within [*****] after receipt by the Buyer of the notice of anticipated delay.

Appears in 1 contract

Sources: Purchase Agreement (Azul Sa)

Termination on Excusable Delay. 10.3.1 If the Delivery of any Aircraft is delayed as a result of an Excusable Delay for a period of [*****] then either party may terminate this Agreement with respect to the Aircraft so affected by giving written notice to the other party within [*****] period provided that the Buyer shall not be entitled to terminate this Agreement pursuant to this Clause if the Excusable Delay results from a cause within its control. 10.3.2 If the Seller concludes that the Delivery of any Aircraft shall will be delayed for [*****] due to an Excusable Delay and as a result thereof reschedules Delivery of such Aircraft to a date or month reflecting such delay then the Seller shall promptly notify the Buyer in writing to this effect and shall include in such notification the new Scheduled Delivery Month. Either party [***] Represents material which has been redacted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment pursuant to Rule 406 under the Securities Act of 1933, as amended CT1307579 may thereupon terminate this Agreement with respect to such Aircraft by giving written notice to the other party within [*****] after receipt by the Buyer of the notice of anticipated delay].

Appears in 1 contract

Sources: Purchase Agreement (Avianca Holdings S.A.)

Termination on Excusable Delay. 10.3.1 If the Delivery of any Aircraft is delayed as a result of an Excusable Delay for a period of [*****] then either party may terminate this Agreement with respect to the Aircraft so affected by giving written notice to the other party within [*****] period provided that the Buyer shall not be entitled to terminate this Agreement pursuant to this Clause if the Excusable Delay results from a cause within its control.[***] 10.3.2 If the Seller concludes that the Delivery of any Aircraft shall will be delayed for more than [*****] due to an Excusable Delay and as a result thereof reschedules Delivery of such Aircraft to a date or month reflecting such delay then the Seller shall promptly notify the Buyer in writing to this effect and shall include in such notification the new Scheduled Delivery Month. Either party may thereupon terminate this Agreement with respect to such Aircraft by giving written notice to the other party within [***]. [***] after receipt by Represents material which has been redacted and filed separately with the Buyer Securities and Exchange Commission pursuant to a request for confidential treatment pursuant to Rule 406 under the Securities Act of the notice of anticipated delay.1933, as amended CT1307579

Appears in 1 contract

Sources: Purchase Agreement (Avianca Holdings S.A.)