Common use of Substitute Service Clause in Contracts

Substitute Service. This term, as used herein, applies to the substitution of an aircraft to replace contractor's aircraft which is unable to proceed from the departure station or from any en route station short of destination in accordance with schedules established pursuant to this contract. If the contractor fails to make an aircraft available for departure as required by the flight schedules, the government may: (1) cancel the requirement for further movement of the defaulted flights; (2) require the contractor to transport the defaulted passengers or cargo by substitute service within such additional time as the contracting officer may allow; (3) acquire substitute service from commercial sources; or (4) reschedule the defaulted flight or transport the defaulted -------------------------------------------------------------------------------- Page 54 of 65 N00019-01-D-0037 SECTION H -------------------------------------------------------------------------------- passengers or cargo, or any portion thereof, itself. The exercise of any of these options will be in accordance with the following:

Substitute Service. This term, as used herein, applies to the substitution of an aircraft to replace contractor's aircraft which is unable to proceed from the departure station or from any en route station short of destination in accordance with schedules established pursuant to this contract. If the contractor fails to make an aircraft available for departure as required by the flight schedules, the government may: (1) cancel the requirement for further movement of the defaulted flights; (2) require the contractor to transport the defaulted passengers or cargo by substitute service within such additional time as the contracting officer may allow; (3) acquire -------------------------------------------------------------------------------- Page 80 of 90 N00019-02-D-3157 SECTION H substitute service from commercial sources; or (4) reschedule the defaulted flight or transport the defaulted -------------------------------------------------------------------------------- Page 54 of 65 N00019-01-D-0037 SECTION H -------------------------------------------------------------------------------- passengers or cargo, or any portion thereof, itself. The exercise of any of these options will be in accordance with the following: