Common use of Replacement Aircraft Clause in Contracts

Replacement Aircraft. 12.1 Regardless of whether or not an Aircraft or Optional Aircraft has exceeded its NA Day allowance provided in Articles 11.2, 11.3 and 11.5, if the (i) NA Days in respect of any Aircraft or Optional Aircraft extend for fifteen (15) or more consecutive Days, or (ii) the Operator is required to provide a Replacement Aircraft in accordance with Article 10.1, then the Operator shall, at its sole cost and expense, replace such Aircraft or Optional Aircraft by the sixteenth (16th) Day with an aircraft that is comparable or superior, conforms with the specifications, terms and conditions of this Agreement and is satisfactory to the UN (“Replacement Aircraft”). The NA Day allowance for a Replacement Aircraft shall carry over from the NA Day allowance for the Aircraft or Optional Aircraft it replaces. Regardless of whether or not an Aircraft or Optional Aircraft has exceeded its NA Day allowance provided in Articles 11.2, 11.3 and 11.5, the UN shall be entitled to (i) a proportionate reduction in the Annual Operating Costs in respect of the relevant Contract Year concerned, and (ii) claim Liquidated Damages in accordance with Article 13, for each and every Day that a Replacement Aircraft is not Operationally Ready, from the above sixteenth (16th) Day until such date that the Replacement Aircraft is Operationally Ready. In the event that the Operator is required to provide a Replacement Aircraft, (i) the Operator shall not be entitled to any Positioning Costs for the Replacement Aircraft in the event the UN has previously paid Positioning Costs for the Aircraft or Optional Aircraft which requires replacement, and (ii) the UN shall only pay Depositioning Costs for the Replacement Aircraft and not for the Aircraft or Optional Aircraft which requires replacement. 12.2 Should the Operator fail to provide a Replacement Aircraft in accordance with Article 12.1 and the UN obtains alternate transportation during the period of unavaibility, then the Operator shall reimburse the UN reasonable additional costs above the prices and costs listed in the Price Schedule for obtaining appropriate and suitable alternate transportation services due to the Operator’s failure to provide the Replacement Aircraft, which are in addition to the UN’s right to claim Liquidated Damages for such failure, as further specified in Article 13.2. The Parties agree that the UN’s rights and remedies under this Article 12 are without prejudice to the UN’s rights to claim Liquidated Damages in accordance with Article 13 or any other rights and remedies under the Agreement.

Replacement Aircraft. 12.1 Regardless of whether or not an Aircraft or Optional Aircraft has exceeded its NA Day allowance provided in Articles 11.2, 11.3 and 11.511.4, if the (i) NA Days in respect of any Aircraft or Optional Aircraft extend for fifteen (15) or more consecutive Days, or (ii) the Operator is required to provide a Replacement Aircraft in accordance with Article 10.1, then the Operator shall, at its sole cost and expense, replace such Aircraft or Optional Aircraft by the sixteenth (16th) Day with an aircraft that is comparable or superior, conforms with the specifications, terms and conditions of this Agreement and is satisfactory to the UN (“Replacement Aircraft”). The NA Day allowance for a Replacement Aircraft shall carry over from the NA Day allowance for the Aircraft or Optional Aircraft it replaces. Regardless of whether or not an Aircraft or Optional Aircraft has exceeded its NA Day allowance provided in Articles 11.2, 11.3 and 11.511.4, the UN shall (i) be entitled to (i) make a proportionate reduction deduction in the Annual Operating Costs in respect of the relevant Contract Year concernedaccordance with Article 11.6, and (ii) be entitled to claim Liquidated Damages in accordance with Article 13, for each and every Day that a Replacement Aircraft is not Operationally Ready, from the above sixteenth (16th) Day until such date that the Replacement Aircraft is Operationally Ready. . 12.2 In the event that the Operator is required to provide a Replacement AircraftAircraft in accordance with Article 12.1, (i) the Operator shall not be entitled to any Positioning Costs for the Replacement Aircraft in the event the UN has previously paid Positioning Costs for the Aircraft or Optional which requires replacement, (ii) the costs to the UN for the use and operation of the Replacement Aircraft shall not exceed the costs for the use and operation of the Aircraft which requires replacement, including the actual cost to the UN for the provision of aviation fuel for the Replacement Aircraft, and (iiiii) the UN shall only pay Depositioning Costs for the Replacement Aircraft and not for the Aircraft or Optional Aircraft which requires replacement. 12.2 12.3 Should the Operator fail to provide a Replacement Aircraft in accordance with Article 12.1 and the UN obtains alternate transportation during the period of unavaibilitynon-availability, then the Operator shall reimburse the UN reasonable additional costs above the prices and costs listed in the Price Schedule for obtaining appropriate and suitable alternate transportation services due to the Operator’s failure to provide the Replacement Aircraft, which are in addition to the UN’s right to claim Liquidated Damages for such failure, as further specified in Article 13.2. The Parties agree that the UN’s rights and remedies under this Article 12 are without prejudice to the UN’s rights to claim Liquidated Damages in accordance with Article 13 or any other rights and remedies under the Agreement.