CERTAIN LIQUIDATED DAMAGES. Whether or not Lessor shall have exercised, or shall thereafter at any time exercise, any of its rights under Section 15.1.1 or 15.1.2 with respect to the Airframe and/or any Engine, or any Part thereof, Lessor, by written notice to Lessee specifying a payment date (which shall be the Stipulated Loss Value Date next occurring not less than 10 days after the date of such notice), may demand Lessee to pay to Lessor, and Lessee shall pay to Lessor, on the payment date so specified and in the manner and in funds of the type specified in Section 3.3, as liquidated damages for loss of a bargain and not as a penalty (in lieu of the Basic Rent or Renewal Rent, as the case may be, for the Aircraft in respect of all periods commencing on or after the date specified for payment in such notice), the following amounts:
CERTAIN LIQUIDATED DAMAGES. Whether or not Lessor shall have exercised, or shall thereafter at any time exercise, any of its rights under ss. 15.1.1
CERTAIN LIQUIDATED DAMAGES. Whether or not Lessor shall have exercised, or shall thereafter at any time exercise, any of its rights under § 14.1.1 or § 14.1.2 with respect to the Aircraft, the Airframe, any Engine or any of the Returnable Records, Lessor, by written notice to Lessee specifying a payment date (which shall be the first SLV Date occurring not less than 10 days after the date of such notice), may demand that Lessee pay to Lessor, and Lessee shall pay to Lessor, on the payment date so specified and in the manner and in funds of the type specified in § 3.3, as liquidated damages for loss of a bargain and not as a penalty (in lieu of the Basic Rent (as applicable) for the Aircraft in respect of all periods commencing on or after the date specified for payment in such notice), the following amounts:
CERTAIN LIQUIDATED DAMAGES. RAI will update from time to time Exhibit B to reflect the exact in-service week and in-service day that each of the TBD aircraft appearing on Exhibit B is known, with notification to Midwest as to such week being no later than [*]days in advance of the in-service week and the notification as to such date being no later than [*] days in advance of the in-service date. RAI will deliver such amended Exhibit B to Midwest as soon as possible. If RAI shall fail to provide the Covered Aircraft on the applicable in-service day reflected on the amended Exhibit B (such Covered Aircraft being referred to herein as the “Delayed Aircraft”), RAI will pay to Midwest within [*]days following such failure liquidated damages in an amount equal to [*] per each day between the in-service date reflected on the amended Exhibit B (the “Anticipated Service Date”) and the actual in-service date (or the date of any election by Midwest to remove the aircraft, as provided below), provided that, in the event such inservice delay is due to circumstances beyond the control of RAI and RAI provides prior notice (the “Delay Notice”) of such delay, such liquidated damages shall not in any event exceed (x) [*] if the Delay Notice is provided to Midwest no fewer than [*] days prior to the Anticipated Service Date for the Delayed Aircraft, or (y) if such notice is delivered fewer than 180 days prior to the Anticipated Service Date for the Delayed Aircraft, (i) [*] plus (ii) [*] times the difference between [*]minus the number of days between the date of such notice and the Anticipated Service Date for the Delayed Aircraft, and provided further, if the revised delivery date for the Delayed Aircraft indicated in the Delay Notice, or the final delivery date due to subsequent delays, is more than [*] days beyond the Anticipated Service Date, Midwest will have the right, to be exercised within five Business Days of receipt of such notice, to elect to remove the Delayed Aircraft from the terms of this Agreement. Should Midwest elect to remove the Delayed Aircraft from the terms of this Agreement pursuant to this Section 10.11(b), the liquidated damages described [*] will be calculated based on the number of days between the Anticipated Service Date and the date of Midwest’s election to remove such aircraft from this Agreement, if any. The parties agree that the damages to be suffered by Midwest in connection with RAI’s failure to deliver an aircraft on an Anticipated Service Date shall be difficult...
CERTAIN LIQUIDATED DAMAGES. Whether or not Lessor shall have exercised, or shall thereafter at any time exercise, any of its rights under (S) 15.1.1 or (S) 15.1.2 with respect to the Airframe or any Engine, or any Part thereof, Lessor, by written notice to Lessee specifying a payment date (which shall be the first SLV Date occurring not less than 10 days after the date of such notice), may demand that Lessee to pay to Lessor, and Lessee shall pay to Lessor, on the payment date so specified and in the manner and in funds of the type specified in (S) 3.3, as liquidated damageS for loss of a bargain and not as a penalty (in lieu of the Basic Rent (as applicable) for the Aircraft in respect of all periods commencing on or after the date specified for payment in such notice), the following amounts:
CERTAIN LIQUIDATED DAMAGES. The Company agrees that, if the Certificate of Amendment shall not have been filed with the Secretary of State of the State of Delaware under the Delaware General Corporation Law prior to the second anniversary of the Closing Date, then on such anniversary and every six months thereafter until the Certificate of Amendment shall have been so filed or, if earlier, until such time as the Company is otherwise legally able to permit the exercise of the Warrants in full, the Company shall pay the holder of each Warrant, as liquidated damages and not as a penalty, the sum of $0.01 for each Underlying Share for which such Warrant cannot be exercised.
CERTAIN LIQUIDATED DAMAGES. If Shuttle shall fail to provide a Covered Aircraft within 30 days of the applicable in-service day reflected on Exhibit B (such Covered Aircraft being referred to herein as a “Delayed Aircraft”), Shuttle will pay to Mokulele following such failure liquidated damages in an amount equal to [*] for each day between the [*] day following the in-service date reflected on Exhibit B and the actual in-service date of such Delayed Aircraft; provided that, in the event such in-service delay is due to circumstances beyond the control of Shuttle and Shuttle provides prior notice of such delay, such liquidated damages shall not in any event exceed [*]. The parties agree that the damages to be suffered by Mokulele in connection with Shuttle’s failure to deliver an aircraft on a scheduled in-service date as provided in Exhibit B shall be difficult to calculate, and that the foregoing liquidated damages are a good faith estimate of such damages, and that such liquidated damages are not intended to be a penalty. The parties further agree that the foregoing liquidated damages shall be Mokulele’s sole and exclusive remedy against Shuttle for any damages suffered solely as a result of Shuttle’s failure to deliver an aircraft on a scheduled in-service date as provided in Exhibit B.
CERTAIN LIQUIDATED DAMAGES. Whether or not Lessor shall have exercised, or shall thereafter at any time exercise, any of its rights under § 14.1.1 or § 14.1.2 with respect to the Aircraft, the Airframe, any Engine or any of the Returnable Records, Lessor, by written notice to Lessee specifying a payment date (which shall be the first SLV Date occurring not less than 10 days after the date of such notice), may demand that Lessee pay to Lessor, and Lessee shall pay to Lessor, on the *** Material has been omitted pursuant to a request for confidential treatment and filed separately with the SEC payment date so specified and in the manner and in funds of the type specified in § 3.3, as liquidated damages for loss of a bargain and not as a penalty (in lieu of the Basic Rent (as applicable) for the Aircraft in respect of all periods commencing on or after the date specified for payment in such notice), the following amounts:
CERTAIN LIQUIDATED DAMAGES. If Contractor shall fail to complete Schedule 1 in accordance with Section 10.19 with respect to the TBD Aircraft (including meeting the date milestones contained therein) (it being understood that Schedule 1 shall be deemed complete for purposes of this Section 10.11(b) if not more than an aggregate of five TBD Aircraft to be identified by any milestone set forth in such Section 10.19 are not so identified by such milestone), then for each TBD Aircraft in excess of such five TBD Aircraft for which complete information is not provided, Contractor shall (x) identify by “number” and “scheduled delivery date” on Schedule 1 the TBD Aircraft for which information is deemed to have been omitted, and (y) pay to Continental within 10 days following such failure liquidated damages in an amount determined as follows:
CERTAIN LIQUIDATED DAMAGES
