Common use of Unanticipated Delay Clause in Contracts

Unanticipated Delay. In the event that the delivery of any Aircraft is delayed by reason of an Excusable Delay for a period of more than *** months after the end of the calendar month in which delivery is otherwise required hereunder, Northwest will be entitled to terminate this Agreement with respect only to the Aircraft so affected upon written notice given to AVSA within *** days after the expiration of such *** month period. In the event such delay continues for an additional *** month period after the expiration of such *** month period and Northwest has not theretofore terminated this Agreement with respect to such Aircraft, 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 *** days after the end of such additional *** month period. Such termination, as aforesaid, will discharge all obligations and liabilities of the parties hereunder with respect to such affected Aircraft, except that AVSA will repay to Northwest all amounts required by *** with respect to such affected Aircraft, ***. Northwest will not be entitled to receive such repayment nor to terminate this Agreement as to any Aircraft under this Clause 10 by reason of an Excusable Delay if such delay is caused solely by Northwest's negligence or Northwest's fault.

Appears in 2 contracts

Sources: Purchase Agreement (Northwest Airlines Corp), Purchase Agreement (Northwest Airlines Corp)