Common use of COMPLETION WORK Clause in Contracts

COMPLETION WORK. 3.1 The parties acknowledge that Buyer has not selected all of the details of the Aircraft interior completion Specification and exterior paint scheme (collectively, the “Completion Work”) as of the execution date of this Agreement. Buyer agrees to complete the selection of the Completion Work on or before 15 February 2008 (the “Specification Date”). In the event Buyer does not make all such selections on or prior to the Specification Date, Buyer agrees that Seller may complete the Aircraft in accordance with Schedule A-1, and, with respect to matters for which Buyer did not make a selection, Seller, acting reasonably, may select the interior materials and colors and exterior paint scheme to complete the Completion Work (the “Seller Selections”). Seller acknowledges and agrees that the Purchase Price includes the cost of completing the Aircraft in accordance with the Specification and the Completion Work as set out in Schedule A-1 as in effect as of the date of this Agreement, including, if applicable, any Seller Selections. 3.2 In the event Buyer requests a change to the Completion Work, Seller agrees to evaluate, acting in good faith, such request with respect to feasibility, price and possible impact on Seller’s production schedule and the Inspection Availability Date (as defined in Article 5.1(c)); provided, that the parties agree that any change selected from the Seller’s Published Options Catalogue, to the Completion Work made prior to the Specification Date shall not affect the production schedule or the Inspection Availability Date. In the event Buyer either requests a change not selected from the Seller’s Published Options Catalogue or requests a change after the Specification Date, Seller shall (a) determine, acting in good faith, whether such a change is feasible and will not adversely affect its production schedule; and, if so (b) prepare and send, acting in good faith, a change order to Buyer setting out the date by which Buyer must elect whether to accept such change order and indicating whether such change order will affect the Purchase Price (either through an increase or decrease) or the Inspection Availability Date. To the extent any adjustment of the Purchase Price is necessary, such adjustment shall be calculated by deleting the cost of items that Buyer elects to cancel, if any, and adding the cost of items that Buyer elects to add, with all such costs determined (i) by the price listed in Seller’s then current Published Options Catalogue to the extent such items are contained therein; or (ii) to the extent that such items are not contained in Seller’s then current Published Options Catalogue, using Seller’s quotation provided to Buyer as part of the change order. Provided Buyer accepts such change order by the date indicated by executing a counterpart thereof, the change order shall be added to the Completion Work and become a part of this Agreement. Any increase in Purchase Price due as a result of such change order shall be due and payable at the Delivery Time. Buyer acknowledges that such change may have an impact on the weight and the performance of the Aircraft.

Appears in 1 contract

Sources: Aircraft Purchase Agreement (Microstrategy Inc)

COMPLETION WORK. 3.1 The parties acknowledge that Buyer has not selected all of the details of the Aircraft interior completion Specification and exterior paint scheme (collectively, the “Completion Work”) as of the execution date of this Agreement. Buyer agrees to complete the selection of the Completion Work on or before 15 February 2008 (the “Specification Date”). In the event Buyer does not make all such selections on or prior to the Specification Date, Buyer agrees that Seller may complete the Aircraft in accordance with Schedule A-1, and, with respect to matters for which Buyer did not make a selection, Seller, acting reasonably, may select the interior materials and colors and exterior paint scheme to complete the Completion Work (the “Seller Selections”). Seller acknowledges and agrees that the Purchase Price includes the cost of completing the Aircraft in accordance with the Specification and the Completion Work as set out in Schedule A-1 as in effect as of the date of this Agreement, including, if applicable, any Seller Selections. 3.2 In the event Buyer requests a change to the Completion Work, Seller agrees to evaluate, acting in good faith, such request with respect to feasibility, price and possible impact on Seller’s production schedule and the Inspection Availability Date (as defined in Article 5.1(c)); provided, that the parties agree that any change selected from the Seller’s Published Options Catalogue, to the Completion Work made prior to the Specification Date shall not affect the production schedule or the Inspection Availability Date. In the event Buyer either requests a change not selected from the Seller’s Published Options Catalogue or requests a change after the Specification Date, Seller shall (a) determine, acting in good faith, whether such a change is feasible and will not adversely affect its production schedule; and, if so (b) prepare and send, acting in good faith, a change order to Buyer setting out the date by which Buyer must elect whether to accept such change order and indicating AIRCRAFT PURCHASE AGREEMENT whether such change order will affect the Purchase Price (either through an increase or decrease) or the Inspection Availability Date. To the extent any adjustment of the Purchase Price is necessary, such adjustment shall be calculated by deleting the cost of items that Buyer elects to cancel, if any, and adding the cost of items that Buyer elects to add, with all such costs determined (i) by the price listed in Seller’s then current Published Options Catalogue to the extent such items are contained therein; or (ii) to the extent that such items are not contained in Seller’s then current Published Options Catalogue, using Seller’s quotation provided to Buyer as part of the change order. Provided Buyer accepts such change order by the date indicated by executing a counterpart thereof, the change order shall be added to the Completion Work and become a part of this Agreement. Any increase in Purchase Price due as a result of such change order shall be due and payable at the Delivery Time. Buyer acknowledges that such change may have an impact on the weight and the performance of the Aircraft.

Appears in 1 contract

Sources: Aircraft Purchase Agreement