Common use of Non-Excusable Delay Clause in Contracts

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 : a. If Seller advises Purchaser more than ***** before the first day of a month in which an Aircraft is scheduled to be delivered that such delivery will be delayed more than ***** after the last day of such month, Seller shall pay ***** as liquidated damages for each day of delay in the delivery of such delayed Aircraft, ***** . b. If Seller advises Purchaser less than ***** before the first day of a month in which an Aircraft is scheduled to be delivered that such delivery will be delayed more than ***** after the last day of such month, Seller shall pay as liquidated damages, for each Aircraft delayed more than ***** in the delivery of such delayed Aircraft, ***** 12.2 In the event that delivery of an Aircraft is delayed by more than ***** after the last day of the calendar month in which delivery of that Aircraft is scheduled, and such delay is not an Excusable Delay, Purchaser may, by written notice to Seller given no later than ***** after expiration of such ***** , terminate this Agreement only in respect to that Aircraft which is the subject of such delay. Seller, at Purchaser's option, shall return or credit to Purchaser, within ***** after such notice, all sums previously paid by Purchaser to Seller in respect of that Aircraft ***** 12.3 It is expressly acknowledged that any amount to be paid by Seller and Purchaser's rights and remedies as a result of a delay in delivery of any Aircraft (but not as a result of Seller's failure to deliver any Aircraft) as set forth in this Article 12 is agreed and accepted as liquidated damages and not as a penalty (no other method of quantifying such damages being possible) and are agreed as final and exclusive and in lieu of any other rights and remedies.

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 then: a. If Seller advises Purchaser more than ********** before the first day of a month in which an Aircraft is scheduled to be delivered that such delivery will be delayed more than ***** ******after the last day of such month, Seller shall pay ***** US$1,000 as liquidated damages for each day of delay in the delivery of such delayed Aircraft, ***** *********************************. b. If Seller advises Purchaser less than ********** before the first day of a month in which an Aircraft is scheduled to be delivered that such delivery will be delayed more than ********** after the last day of such month, Seller shall pay as liquidated damages, for each Aircraft delayed more than **********, US$*************** in the delivery of such delayed Aircraft, ,**********************************. 12.2 In the event that delivery of an Aircraft is delayed by more than ***** ***************after the last day of the calendar month in which delivery of that Aircraft is scheduled, and such delay is not an Excusable Delay, Purchaser may, by written notice to Seller given no later than ***** ******after expiration of such ***** ***********, terminate this Agreement only in respect to that Aircraft which is the subject of such delay. Seller, at Purchaser's option, shall return or credit to Purchaser, within ********* after such notice, all sums previously paid by Purchaser to Seller in respect of that Aircraft ******************. 12.3 It is expressly acknowledged that any amount to be paid by Seller and Purchaser's rights and remedies as a result of a delay in delivery of any Aircraft (but not as a result of Seller's failure to deliver any Aircraft) as set forth in this Article 12 is agreed and accepted as liquidated damages and not as a penalty (no other method of quantifying such damages being possible) and are agreed as final and exclusive and in lieu of any other rights and remedies. 12.5 In the event of a delay in the delivery of an Aircraft, through no fault of Purchaser, attributable to the provisions of this Article 12, which causes such Aircraft delivery to be delayed past the calendar month in which delivery of that Aircraft is scheduled*******