Delta Airlines 2014 Annual Report Download - page 154

[***] period to require from the Seller a renegotiation of the Scheduled Delivery Month for the affected Aircraft.
Unless otherwise agreed between the Seller and the Buyer during such renegotiation, the said renegotiation will not
prejudice the Buyer's right to receive liquidated damages in accordance with Subclauses 11.1.1 and 11.1.2.
If, as a result of an Inexcusable Delay, the Delivery of an Aircraft does not occur within [***] after the last day of the
Scheduled Delivery Period and the parties have not renegotiated the Delivery Date pursuant to Subclause 11.2, then
both parties will have the right exercisable by written notice to the other party, given between [***] after the lapse of
such [***] period, to terminate this Agreement in respect of the affected Aircraft. In the event of termination, neither
party will have any claim against the other, [***].
THIS CLAUSE 11 SETS FORTH THE SOLE AND EXCLUSIVE REMEDY OF THE BUYER FOR DELAYS IN
DELIVERY OR FAILURE TO DELIVER, OTHER THAN SUCH DELAYS AS ARE COVERED BY CLAUSE 10,
AND THE BUYER HEREBY WAIVES ALL RIGHTS TO WHICH IT WOULD OTHERWISE BE ENTITLED IN
RESPECT THEREOF, INCLUDING WITHOUT LIMITATION ANY RIGHTS TO INCIDENTAL AND
CONSEQUENTIAL DAMAGES OR SPECIFIC PERFORMANCE. THE BUYER WILL NOT BE ENTITLED TO
CLAIM THE REMEDIES AND RECEIVE THE BENEFITS PROVIDED IN THIS CLAUSE 11 WHERE THE
DELAY REFERRED TO IN THIS CLAUSE 11 IS CAUSED BY THE NEGLIGENCE OR FAULT OF THE
BUYER OR ITS REPRESENTATIVES.
[***] CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO
A REQUEST FOR CONFIDENTIAL TREATMENT
11.3
Termination
11.4
Remedies
CT1404840_PA_A330-900neo_A350-900_EXECUTION.Docx
PRIVILEDGED AND CONFIDENTIAL
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