Withdrawal Rights of American. In addition to and notwithstanding [Section 12.02(a)] and [Section 12.02(b)] above, and in addition to any other remedy available to American under applicable law, American shall have the right and option solely by providing Notice to Contractor to Withdraw Covered Aircraft on each occurrence of any of the following, in each case as may be specified in the Notice to Contractor (and Contractor shall thereafter Notify American of the specific tail numbers of each Covered Aircraft to be Withdrawn (in the event Contractor fails to notify American of such tail numbers within of American sending such Notice, then American shall select the specific tail numbers in its sole discretion)):
Termination or Withdrawal by American. In addition to and notwithstanding the other provisions of this [Section 12.02], and in addition to any other remedy available to American under applicable law, American shall also have the right and option solely by providing Notice to Contractor to # terminate this Agreement as of a specified Termination Date and Withdraw all of the Covered Aircraft pursuant to a Wind Down Schedule provided by American and/or # elect for any or all Covered Aircraft to be Withdrawn from the provisions of this Agreement on the Withdrawal Dates to be specified by American in the Notice of Withdrawal, on the occurrence of any of the following:
In addition to the other remedies set forth in Section 6.12 and this [Section 12.02], and in addition to any other remedy available to American under applicable law, if a Notification Shortfall occurs with respect to (or more), then American may also elect, in its sole discretion, upon Notice to Contractor given no later than following the end of the such (or more) period, to Withdraw from the provisions of this Agreement up to that number of Covered Aircraft that equals the average number of CAATS that did not meet the Contractor Threshold for the (or more) periods (rounded up to the nearest whole number); provided that, following such Withdrawal, American may elect, in its sole discretion, to permit such Withdrawn aircraft to be reinstated as a Covered Aircraft hereunder upon delivery of Notice thereof to Contractor. For any and all Covered Aircraft to be Withdrawn pursuant to this [Section 12.02(d)(i)], American shall deliver a Notice stating # the Withdrawal Date for each Covered Aircraft, and # a schedule that identifies the number of Covered Aircraft to be Withdrawn. Contractor shall thereafter Notify American of the specific tail numbers of each Covered Aircraft to be removed in accordance with such Notice (in the event Contractor fails to notify American of the tail numbers within of American sending such Notice, then American shall select the specific tail numbers in its sole discretion).
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