Common use of Price and Advance Payments Clause in Contracts

Price and Advance Payments. The Airframe Base Price, Optional Features Prices, Engine Price and Aircraft Basic Price will be adjusted to Boeing’s and the engine manufacturer’s [*] prices for such elements as of the date of execution of the definitive purchase agreement for the Substitute Aircraft. The escalation indices and methodology used to estimate the Advance Payment Base Prices will be adjusted to Boeing’s and the engine manufacturer’s [*] provisions for such elements as of the date of execution of the definitive purchase agreement for the Substitute Aircraft. If the Advance Payment Base Price for any Substitute Aircraft is higher than that of the Aircraft, Customer will pay to Boeing the amount of the difference as of the date of execution of the definitive agreement for the Substitute Aircraft. If the Advance Payment Base Price of the Substitute Aircraft is lower than that of the Aircraft, Boeing will retain any excess amounts previously paid by Customer until the next payment is due from Customer, at which point Customer may reduce the amount of such payment by the amount of the excess. In no case will Boeing refund or pay interest on any excess amounts created by virtue of Customer’s exercise of the rights of substitution described in this agreement.

Appears in 4 contracts

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

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Price and Advance Payments. The Airframe Base Price, Optional Features Prices, Engine Price and Aircraft Basic Price will be adjusted to Boeing’s and the engine manufacturer’s [*] then-current prices for such elements as of the date of execution of the definitive purchase agreement for the Substitute Aircraft. The escalation indices and methodology used to estimate the Advance Payment Base Prices will be adjusted to Boeing’s and the engine manufacturer’s [*] then-current provisions for such elements as of the date of execution of the definitive purchase agreement for the Substitute Aircraft. If the Advance Payment Base Price for any Substitute Aircraft is higher than that of the Aircraft, Customer will pay to Boeing the amount of the difference as of the date of execution of the definitive agreement for the Substitute Aircraft. If the Advance Payment Base Price of the Substitute Aircraft is lower than that of the Aircraft, Boeing will retain any excess amounts previously paid by Customer until the next payment is due from Customer, at which point Customer may reduce the amount of such payment by the amount of the excess. In no case will Boeing refund or pay interest on any excess amounts created by virtue of Customer’s exercise of the rights of substitution described in this agreement.. P.A. No. 3217 Aircraft_Model_Substitution BOEING PROPRIETARY Xiamen Airlines

Appears in 2 contracts

Samples: Letter Agreement (China Southern Airlines Co LTD), Letter Agreement (China Southern Airlines Co LTD)

Price and Advance Payments. 4.1 The Airframe Base Price, Optional Features PricesPrice and, if applicable, Engine Price and Aircraft Basic Price will be adjusted to Boeing’s and the engine manufacturer’s [*] then-current prices for such elements as of the date of execution of the definitive purchase agreement for the Substitute Aircraft. The escalation indices and methodology used to estimate the Advance Payment Base Prices Price (APBP) will be adjusted to Boeing’s and the engine manufacturer’s [*] then-current provisions for such elements as of the date of execution of the definitive purchase agreement for the Substitute Aircraft. If the Advance Payment Base Price APBP for any Substitute Aircraft is higher than that the APBP of the Aircraft, Customer will pay to Boeing the amount of the difference in Advance Payments as of the date of execution of the definitive agreement for the Substitute Aircraft. If the Advance Payment Base Price APBP of the Substitute Aircraft is lower than that the APBP of the Aircraft, Boeing will retain any excess amounts previously paid by Customer until the next payment is due from Customerdue, at which point time Customer may reduce the amount of such payment by the amount of the excess. In no case will Boeing refund or pay interest on any excess amounts created by virtue of Customer’s exercise of the rights of substitution described in this agreementherein.

Appears in 1 contract

Samples: Letter Agreement (China Eastern Airlines Corp LTD)

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Price and Advance Payments. The Airframe Base Price, Optional Features Prices, Engine Price and Aircraft Basic Price will be adjusted to Boeing’s 's and the engine manufacturer’s [*] 's the__ current prices for such elements as of the date of execution of the definitive purchase agreement for the Substitute Aircraft. The escalation indices and methodology used to estimate the Advance Payment Base Prices will be adjusted to Boeing’s 's and the engine manufacturer’s [*] 's then-current provisions for such elements as of the date of execution of the definitive purchase agreement for the Substitute Aircraft. If the Advance Payment Base Price for any Substitute Aircraft is higher than that of the Aircraft, Customer will pay to Boeing the amount of the difference as of the date of execution of the definitive agreement for the Substitute Aircraft. If the Advance Payment Base Price of the Substitute Aircraft is lower than that of the Aircraft, Boeing will retain any excess amounts previously paid by Customer until the next payment is due from Customer, at which point Customer may reduce the amount of such payment by the amount of the excess. In no case will Boeing refund or pay interest on any excess amounts created by virtue of Customer’s 's exercise of the rights of substitution described in this agreement.

Appears in 1 contract

Samples: Letter Agreement (China Eastern Airlines Corp LTD)

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