Early Termination by Customer. (a) In addition to any other right of termination provided herein, Customer shall have the right to terminate this Agreement with respect to one or more Contract Aircraft by delivering written notice of termination to Supplier at any time prior to such Contract Aircraft’s Scheduled Delivery Date upon payment to M&B of the applicable amount listed below: [*] (b) The Parties acknowledge and agree that any amount payable pursuant to Clause 19.3 shall not be deemed to be a penalty but shall be deemed liquidated damages to account for losses incurred by Supplier and M&B in the event of termination during the periods described above, which losses are not capable of being measured at this time. (c) Upon termination pursuant to this Clause 19.3 in respect of any Contract Aircraft, M&B shall refund all payments, if any, made by Customer in respect of such Contract Aircraft. Upon payment by Customer of the applicable amount pursuant to this Clause 19.3 for any Contract Aircraft (or after offsetting or recoupment as provided in the preceding sentence), Customer shall have no further obligation to M&B and Supplier pursuant to this Agreement in respect of such Contract Aircraft. CAM Conversion Agreement
Appears in 2 contracts
Sources: Conversion Agreement (Air Transport Services Group, Inc.), Conversion Agreement (Air Transport Services Group, Inc.)