Aircraft Delivery Date. Subject to the terms hereof, Seller will use good faith reasonable efforts to deliver the Aircraft to Buyer, and Buyer will use good faith reasonable efforts to accept Delivery of the Aircraft from Seller, on the Scheduled Delivery Date; provided, however, the Delivery of the Aircraft may be changed to any business day up to and including March 10, 2006, upon the request of either party, so long as the requesting party is not in breach of it obligations under this Agreement (the date that Delivery actually occurs is the “Delivery Date”). Except in the event of a delay in Delivery permitted under Section 5.3(b) or Article VIII, if Delivery has not occurred by March 10, 2006 (or such later date agreed to by Buyer and Seller in writing), then Buyer or Seller (provided such terminating party is not then in breach of its obligations under this Agreement) may terminate this Agreement by giving written notice to the other, and if such election to terminate is made, then termination under this Section shall terminate and discharge all obligations and liabilities of Buyer and Seller hereunder. If this Agreement is terminated in accordance with the immediately preceding sentence, the Deposit (together with interest accrued thereon) shall be returned to Buyer in accordance with the Escrow Agreement, unless Buyer is in breach of its obligations under this Agreement at the time of such termination, in which case the Deposit (together with interest accrued thereon) shall be delivered to Seller in accordance with the Escrow Agreement. Except as expressly provided in Section 5.3(b) and Article VIII, the termination provisions set forth in this Section 4.1 are in substitution for any other rights of termination or contract lapse arising by operation of law by virtue of such delay.
Aircraft Delivery Date. The scheduled delivery date with respect to each Aircraft is the date set forth opposite such Aircraft's FAA Registration Number under the heading "Scheduled Delivery Date" in Exhibit B hereto (each such date being referred to individually as a "SCHEDULED DELIVERY DATE" and, collectively, the "SCHEDULED DELIVERY DATES") and, subject to the terms hereof, Seller will deliver such Aircraft to Buyer, and Buyer will accept delivery of the Aircraft from Seller, on such date. Seller agrees to use its best efforts to deliver each Aircraft on its Scheduled Delivery Date; PROVIDED, Buyer and Seller agree that each Scheduled Delivery Date is subject to change by Seller for any operational, logistical or other good faith reason without penalty to Seller (as long as Seller is exercising reasonable good faith efforts to deliver the Aircraft as soon as practicable), but in no such event will Delivery of any Aircraft be adjusted pursuant to this first proviso of Section 3.1 to a date later than thirty (30) calendar days beyond its Scheduled Delivery Date, as adjusted pursuant to the provisions hereof, and in no event earlier than the Aircraft's retirement date set forth on Exhibit B (the Scheduled Delivery Date, as adjusted pursuant to the provisions hereof, being referred to individually as a "DELIVERY DATE" and collectively, the "DELIVERY DATES"). Notwithstanding anything to the contrary contained herein, if Seller revises the Delivery Date of any Aircraft as set forth in Exhibit B for the sole purpose of utilizing said Aircraft in its own passenger operations ("ADJUSTED AIRCRAFT"), Buyer agrees to accept the extension of the Scheduled Delivery Date resulting from such revised Delivery Date at no cost to Seller. --------------- * This redacted material has been omitted pursuant to a request for confidential treatment and the material has been filed separately.
Aircraft Delivery Date. Five (5) Erickson S-64F Model Aircraft will be tendered for delivery on the following dates: Aircraft #1: January 31, 2011 Aircraft #2: 3rd Quarter 2011 Aircraft #3: 1st Quarter 2012 Aircraft #4: 2nd Quarter 2012 Aircraft #5: 3rd Quarter 2012
