Common use of Unanticipated Delay Clause in Contracts

Unanticipated Delay. In the event that the delivery of any Aircraft will be delayed by reason of an Excusable Delay for a period of more than twelve (12) months after the end of the calendar month in which delivery is otherwise required hereunder, the Buyer will be entitled to terminate this Agreement with respect only to the Aircraft so affected upon written notice given to the Seller within thirty (30) days after the expiration of such twelve (12) month period. In the event such delay will continue for an additional six (6) month period after the expiration of such twelve (12) month period, either party will have the option to terminate this Agreement with respect to the Aircraft so affected upon written notice given to the other within thirty (30) days after the end of such additional six (6) month period. Any termination of this Agreement in respect of an Aircraft pursuant to this Subclause 10.2 will discharge all obligations and liabilities of the parties hereunder with respect to such affected Aircraft, ***.

Appears in 3 contracts

Sources: Purchase Agreement (Us Airways Inc), Purchase Agreement (Us Airways Inc), Purchase Agreement (Us Airways Inc)