Non-Excusable Delay definition

Non-Excusable Delay has the meaning set out in Clause 11.1.

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Non-Excusable Delay shall have the meaning attributed to it in Article 14.1;

Non-Excusable Delay any delay in the delivery of an Aircraft or in the performance of any act by Embraer under this Agreement that is not an Excusable Delay.

Examples of Non-Excusable Delay in a sentence

Customer hereby waives and renounces all other claims and remedies arising at law or otherwise for any such Non-Excusable Delay.
The Seller shall not in any circumstances have any liability whatsoever for Non-Excusable Delay other than as set forth in this Clause 11.
The remedies set forth in this Letter Agreement are Customer’s exclusive remedies for a Non-Excusable Delay and are in lieu of all other damages, claims, and remedies of Customer arising at law or otherwise for any Non-Excusable Delay in the Aircraft delivery.
In the event Liquidated Damages are established for each individual Activation or Construction Authorization, the Construction Manager shall be assessed Liquidated Damages on a daily basis for each calendar day the Contract Time is exceeded due to a Non-Excusable Delay.
A Non-Excusable Delay shall not be cause for granting a Contract Time extension and shall subject the Construction Manager to liquidated damages.

More Definitions of Non-Excusable Delay

Non-Excusable Delay has the meaning set out in Clause 11.1. Other Item as defined in Clause 13.1.3 Paying Party as defined in Clause 5.7.

Non-Excusable Delay. Delay in delivery of any Aircraft beyond the last day of the delivery month (Scheduled Delivery) established in the Purchase Agreement by any cause that is not an Excusable Delay pursuant to Article 7 of the AGTA and for which Customer is otherwise entitled to a remedy from Boeing pursuant to applicable law.

Non-Excusable Delay has the meaning set out in Clause 11.1. Operator means a) the first operator of the Aircraft at Delivery which benefits from an assignment of Buyer’s rights under clause 21.1.3, or b) an operator that has entered into a participation agreement with the Buyer in respect of an Aircraft before such Aircraft’s Delivery or c) or such other operator as the Seller may agree to in writing.

Non-Excusable Delay has the meaning described in Section 7.1.

Non-Excusable Delay means if the delay is not due to an Excusable Delay then the delay is a Non-Excusable Delay.

Non-Excusable Delay is attributable neither to an Excusable Delay nor to a Total Loss whose cause is no fault of the Seller’s, and not occasioned by its fault or negligence, the Buyer shall be legally entitled to claim, and the Seller shall pay the Buyer hereunder, at the latter’s request formulated no later than immediately following delivery of the Aircraft, or, if the Aircraft has been canceled under Clause 11.4, at the time of cancellation, liquidated damages as follows, [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT]:

Non-Excusable Delay shall have the meaning described in Article 10.1.