Lost, Destroyed or Damaged Aircraft. 10.5.1 If any Aircraft suffers a total loss, is destroyed, or is damaged beyond economic repair prior to delivery thereof, then this Agreement will be terminated with respect to such Aircraft and the obligations and liabilities of the parties hereunder with respect to such Aircraft will be discharged. The Seller will repay to the Buyer an amount equal to the entire amount of any Predelivery Payments received from the Buyer hereunder with respect to any such Aircraft that is lost, destroyed or damaged beyond economic repair, ***.
Lost, Destroyed or Damaged Aircraft. In the event that prior to Delivery any Aircraft is lost, destroyed or damaged beyond economic repair, the Seller shall notify the Buyer in writing [***] after such event. Such notice shall specify the earliest date, consistent with the Seller’s other contractual commitments and production capabilities, by which the Seller would be able to deliver a replacement for such Aircraft. [***] In the event of termination of the Agreement as to a particular Aircraft as a result of such loss, destruction or damage the obligations and liabilities of the parties hereunder with respect to such Aircraft shall be discharged. [***]
Lost, Destroyed or Damaged Aircraft. In the event that prior to delivery any Aircraft is lost, destroyed or damaged beyond economic repair, AVSA will notify Northwest in writing within *** days after such event. Such notice will specify the earliest date, consistent with AVSA's and the Manufacturer's other contractual commitments and production capabilities, by which AVSA would be able to deliver a replacement for such Aircraft. This Agreement will terminate as to such Aircraft unless Northwest gives AVSA written notice, within *** days after receipt by Northwest of the notice from AVSA of such loss, destruction or damage, that Northwest desires AVSA to deliver to Northwest a replacement for such Aircraft. If Northwest gives such notice to AVSA, AVSA will deliver to Northwest, at the earliest date consistent with AVSA's and the Manufacturer's other contractual commitments and production capabilities, an aircraft to replace the Aircraft lost, destroyed or damaged beyond repair, and the parties will execute an amendment to this Agreement to evidence the delivery date for such replacement aircraft; provided, however, that nothing herein will obligate AVSA to deliver such replacement aircraft if its manufacture would require the reactivation of the Manufacturer's production line for the model of aircraft purchased hereunder. The terms and conditions of this Agreement applicable to the Aircraft lost, destroyed or damaged beyond economic repair (including without limitation, the price and price revision provisions in Clauses 4 and 5 hereof) will apply to the replacement aircraft; ***. In the event of termination of this Agreement as to a particular Aircraft as a result of such loss, destruction or damage the obligations and liabilities of the parties hereunder with respect to such Aircraft will be discharged. AVSA will repay to Northwest the amount required pursuant to *** with respect to such lost, destroyed or damaged Aircraft ***. Northwest will not be entitled to receive repayment nor to terminate this Agreement as to any Aircraft under this Subclause 10.5 if such loss, destruction or damage is caused by Northwest's or its representatives' gross negligence or willful misconduct.
Lost, Destroyed or Damaged Aircraft. If any Aircraft is lost, destroyed or damaged beyond economic repair prior to Delivery thereof, (“Total Loss”), the Seller shall give the Buyer immediate written notice of such occurrence. The Seller shall include in said notification (or as soon after the issue of the notice as such information becomes available to the Seller) the earliest date consistent with the Manufacturer’s other commitments and production capabilities that an aircraft to replace the Aircraft may be delivered to the Buyer, provided, however, that nothing herein shall require the Seller to manufacture and deliver a replacement aircraft if such manufacture would require the reactivation of its production line for the model or series of aircraft which includes the Aircraft purchased hereunder. The Buyer shall notify the Seller within one (1) month of the date of receipt of the Seller's notice of its election to have the Seller provide such replacement aircraft during the month quoted in the Seller’s notice and the parties shall execute an amendment to this Agreement recording the variation in the Scheduled Delivery month for such Aircraft. If the Buyer does not elect to order a replacement Aircraft as provided for above, then this Agreement shall be terminated with respect to the Aircraft that is a Total Loss and the Seller will repay to the Buyer an amount equal to the entire amount of any Predelivery Payments (without interest) received from the Buyer hereunder with respect to such Aircraft.
Lost, Destroyed or Damaged Aircraft. 14.1 If, prior to the Delivery Date of an Aircraft, such Aircraft is lost, destroyed or damaged beyond repair as a result of an Excusable Delay, Bombardier shall promptly notify Buyer in writing. Such Notice shall specify the earliest month reasonably possible, consistent with Bombardier’s other contractual commitments and production schedule, by which Bombardier estimates it would be able to deliver a replacement Aircraft for the lost, destroyed or damaged Aircraft. If the Notice specifies a month more than twelve (12) months after the Scheduled Delivery Month (or, if a Scheduled Delivery Month has not then been assigned, the Scheduled Delivery Quarter) for the lost, destroyed or damaged Aircraft, Buyer may [*] thereafter terminate this Agreement with respect to such Aircraft by giving written Notice to Bombardier. Unless Buyer exercises such right to terminate this Agreement with respect to such Aircraft, the parties shall execute an amendment to this Agreement which shall set forth the Scheduled Delivery Month for such replacement aircraft (which shall be the month specified in Bombardier’s Notice referred to in the second sentence of this Article 14.1), [*]: provided, however, that nothing herein shall obligate Bombardier to manufacture or deliver a replacement aircraft if it would require the reactivation or acceleration of its production line for the model of aircraft purchased hereunder. The terms and conditions of this Agreement otherwise applicable to the lost, destroyed or damaged Aircraft shall apply to the replacement aircraft.
