EX-10.34 7 fs12023a6ex10-34_flewber.htm CIRRUS AIRCRAFT CHANGE REQUEST BETWEEN CIRRUS AIRCRAFT AND FLEWBER, INC. DATED OCTOBER 27, 2023

Exhibit 10.34

 

Cirrus Aircraft Change Request

 

Purchaser: Flewber, Inc        
           
Main Address: 1411 Broadway   Serial Number:   0209
  38th Floor   Registration:   N619GK
  New York, NY 10018   Order Date:    04/03/2023
  United States   Mobile Phone:   (917) 337-7774
      Email:   marc@flewber.com

 

This Change Request to the Aircraft Order is herewith submitted for Cirrus Aircraft review and approval. If approved, it will be made a supplement of and is made a part of the above-referenced Order and shall in no way void or nullify any provision thereof except to the extent specified below and attested to by the signatures of both parties to the original Order.

 

1.Revised Closing Date - Paragraph 5 of the Cirrus Vision Jet SF50 Cirrus Certified Aircraft

 

Purchase Agreement (the “Agreement”) shall be amended as follows: Purchaser agrees to financially close on N619GK ASN0209 in Knoxville, TN on or before November 16th, 2023. At Closing Seller shall provide all document(s) necessary or required to convey a clear, free and marketable title, clear of any and all liens and encumbrances, to the Aircraft and with Purchaser making a payment in full to the Seller for the Aircraft and executing the Delivery Receipt for the Aircraft. If the Purchaser fails to close for any reason not the fault of Seller, Seller may retain its remedy therefore, the remitted or escrowed deposits as liquidated damages and not as penalty. If Seller fails to close for any reason not the fault of Purchaser, on or prior to November 16th, 2023 then Purchaser’s sole remedy shall be to terminate this Agreement upon written notice to Seller and receive a refund of all payments previously made by Purchaser to Seller under this Agreement. Within ten (10) business days after receipt of such termination notice from Purchaser, Seller shall remit to Purchaser a refund of all such payments.

 

PURCHASER AGREES THAT ITS SOLE REMEDY FOR ANY FAILURE OF SELLER TO PERFORM ANY PART OF THIS AGREEMENT OR ANY OTHER SELLER DEFAULT IS LIMITED TO THE RETURN OF SUCH PAYMENTS, AND IN NO EVENT SHALL PURCHASER BE ENTITLED TO ANY, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY CLAIMED LOST ITS, LOST REVENUES, OR LOSS OF USE OF THE AIRCRAFT.

 

Agreed to and effective this day: 10/27/23

 

Seller: Cirrus Aircraft   Purchaser: Flewber, Inc
     
Name: Boni Caldeira   Date Signed: 10/27/2023 | 12:51:50 PM PDT
Date Signed: 10/27/2023 | 2:53:48 PM CDT   Name: Marc Sellouk
Title: Vice President, Aircraft Sales   Title: President
By: /s/ Boni Caldeira   By: /s/ Marc Sellouk