Common use of Joint Responsibility Clause in Contracts

Joint Responsibility. If the Interface Problem is attributable partially to the design of a Warranted Part and partially to the design of any Supplier Part, the Seller shall, if so requested by the Buyer and without charge to the Buyer, use reasonable commercial efforts to provide a solution to the Interface Problem through cooperative efforts of the Seller and any Supplier involved. The Seller shall promptly advise the Buyer of such corrective action as may be proposed by the Seller and any such Supplier. Such proposal shall be consistent with any then existing obligations of the Seller hereunder and of any such Supplier towards the Buyer. Such corrective action shall constitute full satisfaction of any claim the Buyer may have against either the Seller or any such Supplier with respect to such Interface Problem unless (i) reasonably rejected by the Buyer in which case Seller will use its commercially reasonable efforts to determine an alternative corrective action taking into consideration the reasons for Buyer’s rejection or (ii) such corrective action fails to resolve the Interface Problem. AVA - A320 Family PA AMENDED AND RESTATED

Appears in 3 contracts

Samples: Letter Agreement (Avianca Holdings S.A.), Letter Agreement (Avianca Holdings S.A.), Letter Agreement (Avianca Holdings S.A.)

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Joint Responsibility. If the Parties determine that the Interface Problem is attributable partially to the design of a Warranted Part and partially to the design of any Supplier Part, the Seller shall, if so requested by the Buyer and without charge to the Buyer, use reasonable commercial efforts to provide a solution to the Interface Problem through cooperative efforts of the Seller and any Supplier involved. The Seller shall promptly advise the Buyer of such corrective action as may be proposed by the Seller and any such Supplier. Such proposal shall be consistent with any then existing obligations of the Seller hereunder and of any such Supplier towards the Buyer. Such corrective action shall constitute full satisfaction of any claim the Buyer may have against either the Seller or any such Supplier with respect to such Interface Problem unless (i) reasonably rejected by the Buyer in which case Seller will use its commercially reasonable efforts to determine an alternative corrective action taking into consideration the reasons for Buyer’s rejection or (ii) such corrective action fails to resolve the Interface Problem. AVA - A320 Family PA AMENDED AND RESTATED.

Appears in 2 contracts

Samples: Purchase Agreement (Avianca Holdings S.A.), Purchase Agreement (Avianca Holdings S.A.)

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