Non-Excusable Delay. Delay in delivery of any Aircraft beyond the last day of the delivery month (Scheduled Delivery) established in the Purchase Agreement by any cause that is not an Excusable Delay pursuant to Article 7 of the AGTA and for which Customer is otherwise entitled to a remedy from Boeing pursuant to applicable law.
Non-Excusable Delay. 14.1 If delivery of the Aircraft is delayed beyond the end of the Scheduled Delivery Date, by causes not excused under Article 13.1, this shall constitute a non-excusable delay (a "Non-Excusable Delay").
Non-Excusable Delay. In the event that delivery of products shall be delayed by more than fifteen (15) calendar days beyond agreed delivery dates, by causes not deemed to be excusable, Buyer has the right to deduct from Seller’s invoice an amount of point two (0.2) percent per calendar day for each calendar day of delay of the invoice value of such delayed products up to four (4) percent of the product value as sole remedy. In the event that such non-excusable delay extends to three (3) calendar months, Buyer has the right to terminate the non-excusable delayed open Purchase Orders on products covered by this agreement, and thus be relieved from accepting the non-excusable delayed undelivered products without prejudice to Buyer’s right to claim from Seller liquidated damages as per this article “non-excusable delay” as sole remedy. If the delivery of the products is delayed and/or put on hold beyond the agreed delivery date by causes which are in the responsibility of the Buyer, the Buyer shall be obliged to issue a credit note to Seller with an amount of point two (0.2) percent per calendar day up to four (4) percent of the value of the ship set affected by the default in taking delivery. Should the Buyer cause delay in delivery exceeding three (3) months, Seller has the right to terminate the Purchase Agreement in whole or in part. Additionally Seller has the right to claim further damages relating to the delay in taking delivery and retains all its rights and remedies provided by law. No action by a party shall constitute a waiver of any such right or remedy.
Non-Excusable Delay. 6.1 If the event that Seller does not deliver the Product within one (1) week after the delivery date specified in Art.4.1, the Seller shall pay from the first day of delay a penalty calculated from the Value of Product (delayed - undelivered) as follows:
Non-Excusable Delay. The Seller shall not be entitled to any extension of the Delivery Date (i) for any delay resulting from a cause of delay in existence as of the execution of this Agreement or (ii) for any delay resulting from the late performance or default of a subcontract (whether for delivery of machinery, equipment and supplies to be incorporated in the Vessel or otherwise) if such delay results from the continuation of a cause of delay in effect as of the date of the award of the subcontract where Seller had notice of such subcontractor's cause of delay prior to or at the time of such award. .
Non-Excusable Delay. Article 6.1 below supplements Article 14.1
Non-Excusable Delay. If IAE delays the delivery of an Eligible Engine from a Shop Visit beyond the time for delivery specified in the Workscope (as such time may be extended pursuant to the provisions of this Agreement) for any reason other than those specified in Clause 13.1 above, IAE’s obligations shall be as set forth in Clause 5.
Non-Excusable Delay. 14.1 If delivery of the Aircraft is delayed by causes- not excused under Article 13.1 (a "Non-Excusable Delay"), Bombardier shall pay Buyer, as liquidated damages and not as a penalty, the amount as set forth in the applicable Supplement for each day of Non-Excusable Delay in excess of a grace period of the number of days set forth in the applicable Supplement, to a maximum of the amount set forth in the applicable Supplement for any such delayed Aircraft.
Non-Excusable Delay. 12.1 In the event that Seller, through no fault of Purchaser, does not deliver an Aircraft within ***** after the last day of the calendar month in which delivery of that Aircraft is scheduled, such delay not being an Excusable Delay, then :
Non-Excusable Delay. Delay in delivery of any Aircraft beyond the last day of the delivery month (Scheduled Delivery Month) established in the Purchase Agreement by any cause that is not an Excusable Delay pursuant to Article 7 of the AGTA and for which Customer is otherwise entitled to a remedy from Boeing pursuant to applicable law. [ * * * ] Within thirty (30) days of receipt of written notice from Boeing that delivery of an Aircraft will be [ * * * ]. If neither Party terminates the Purchase Agreement as to such Aircraft within the applicable thirty (30) day period the Purchase Agreement will remain in effect for that Aircraft. [ * * * ]
