Common use of Material Breach by Continental Clause in Contracts

Material Breach by Continental. Upon a material breach of this Agreement by Continental, which breach shall not have been cured within 60 days after written notice delivered by Contractor to Continental, then for the period from such 60th day until such breach is cured or the Agreement is otherwise terminated by Contractor pursuant to Section 9.03, in addition to, and not in limitation of, any recourse or remedy available to Contractor at law or in equity, Contractor shall be entitled to obtain the payments due to it hereunder directly from Airline Clearing House, Inc. for the duration of such default.

Appears in 3 contracts

Samples: Capacity Purchase Agreement (Continental Airlines Inc /De/), Capacity Purchase Agreement (Expressjet Holdings Inc), Capacity Purchase Agreement (Expressjet Holdings Inc)

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Material Breach by Continental. Upon a material breach of this Agreement by Continental, which breach shall not have been cured within 60 days after written notice delivered by Contractor to Continental, then for the period from such 60th day until such breach is cured or the Agreement is otherwise terminated by Contractor pursuant to Section 9.038.02, in addition to, and not in limitation of, any recourse or remedy available to Contractor at law or in equity, Contractor shall be entitled to obtain the payments due to it hereunder directly from Airline Clearing House, Inc. for the duration of such default.

Appears in 2 contracts

Samples: Capacity Purchase Agreement (Expressjet Holdings Inc), Capacity Purchase Agreement (Continental Airlines Inc /De/)

Material Breach by Continental. Upon a material breach of this Agreement by Continental, which breach shall not have been cured within 60 days after written notice delivered by Contractor to Continental, then for the period from such 60th day until such breach is cured or the Agreement is otherwise terminated by Contractor pursuant to Section 9.038.02(c), in addition to, and not in limitation of, any recourse or remedy available to Contractor at law or in equity, Contractor shall be entitled to obtain the payments due to it hereunder directly from Airline Clearing House, Inc. for the duration of such default.

Appears in 1 contract

Samples: Capacity Purchase Agreement (Pinnacle Airlines Corp)

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Material Breach by Continental. Upon a material payment breach of this Agreement described in Section 8.02(c)(i) by Continental, which breach shall not have been cured within 60 30 days after written notice delivered by Contractor to Continental, then for the period from such 60th 30th day until such breach is cured or the Agreement is otherwise terminated by Contractor pursuant to Section 9.03terminated, in addition to, and not in limitation of, any recourse or remedy available to Contractor at law or in equity, Contractor shall be entitled to obtain the payments due to it hereunder directly from Airline Clearing House, Inc. for the duration of such default.

Appears in 1 contract

Samples: Capacity Purchase Agreement (Skywest Inc)

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