Delta Airlines 2014 Annual Report Download - page 150

10. EXCUSABLE DELAY AND TOTAL LOSS
Neither the Seller nor any Affiliate of the Seller, will be responsible for or be deemed to be in default on account of
delays in delivery of the Aircraft or failure to deliver or otherwise in the performance of this Agreement or any part
hereof due to causes beyond the Seller's, or any Affiliate’
s control or not occasioned by the Seller's, fault or
negligence (" Excusable Delay
"), including, but not limited to: (i) acts of God or the public enemy, natural disasters,
fires, floods, storms beyond ordinary strength, explosions or earthquakes; epidemics or quarantine restrictions; serious
accidents; any law, decision, regulation, directive or other act (whether or not having the force of law) of any
government or of the Council of the European Community or the Commission of the European Community or of any
national, Federal, State, municipal or other governmental department, commission, board, bureau, agency, court or
instrumentality, domestic or foreign; governmental priorities, regulations or orders affecting allocation of materials,
facilities or a completed Aircraft; war, civil war or warlike operations, terrorism, insurrection or riots; failure of
transportation; strikes or labor troubles causing cessation, slow down or interruption of work; [***]; inability after due
and timely diligence to procure materials, accessories, equipment or parts; general hindrance in transportation; or
failure of a subcontractor or supplier to furnish materials, components, accessories, equipment or parts; (ii) any delay
caused directly or indirectly by the action or inaction of the Buyer; and (iii) delay in delivery or otherwise in the
performance of this Agreement by the Seller due in whole or in part to any delay in or failure of the delivery of, or any
other event or circumstance relating to, [***] .
[***] CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO
A REQUEST FOR CONFIDENTIAL TREATMENT
10.1
Scope of Excusable Delay
10.2
Consequences of Excusable Delay
10.2.1
If an Excusable Delay occurs:
(i)
the Seller will notify the Buyer of such Excusable Delay as soon as practicable after becoming aware of the
same;
(ii)
the Seller will not be responsible for any damages arising from or in connection with such Excusable Delay
suffered or incurred by the Buyer;
(iii)
the Seller will not be deemed to be in default in the performance of its obligations hereunder as a result of such
Excusable Delay;
(iv)
the Seller will as soon as practicable after the removal of the cause of such delay resume performance of its
obligations under this Agreement and in particular will notify the Buyer of the revised Scheduled Delivery
Month.
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PRIVILEDGED AND CONFIDENTIAL
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