Delta Airlines 2014 Annual Report Download - page 165

Any part or Item that the Seller is required to furnish to the Buyer under this Service Life Policy in connection with
the correction or replacement of an Item shall be furnished to the Buyer at the Seller’
s current sales price therefor, less
the Seller’s financial participation, which shall be determined in accordance with the following formula:
[***]
[***] CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO
A REQUEST FOR CONFIDENTIAL TREATMENT
12.2.4
General Conditions and Limitations
12.2.4.1
Notwithstanding Subclause 12.2.3, the undertakings given in this Subclause 12.2 shall not be valid during the period
applicable to an Item under Subclause 12.1.
12.2.4.2
The Buyer’s remedy and the Seller’
s obligation and liability under this Service Life Policy are subject to compliance
by the Buyer with the following conditions precedent:
(i)
The Buyer shall maintain log books and other historical records with respect to each Item adequate to enable
determination as to whether the alleged Failure is covered by this Service Life Policy and, if so, to define the
portion of the cost to be borne by the Seller in accordance with Subclause 12.2.3 above.
(ii)
The Buyer shall keep the Seller informed of any significant incidents relating to an Aircraft, howsoever
occurring or recorded, if the failure to so inform the Seller materially prejudices the Seller’s position.
(iii)
The conditions of Subclause 12.1.10 shall have been complied with.
(iv)
The Buyer shall carry out specific structural inspection programs for monitoring purposes as may be
established by the Seller. Such programs shall be, to the extent possible, compatible with the Buyer’
s
operational requirements and shall be carried out at the Buyer’
s expense. Reports relating thereto shall be
regularly furnished to the Seller.
(v)
In the case of any breakage or defect, the Buyer shall report the same in writing to the Seller within [***] after
any breakage or defect in an Item becomes apparent, whether or not said breakage or defect can reasonably be
expected to occur in any other Aircraft, and the Buyer shall inform the Seller in sufficient detail about the
breakage or defect to enable the Seller to determine whether said breakage or defect is subject to this Service
Life Policy.
12.2.4.3
Except as otherwise provided in this Subclause 12.2, any claim under this Service Life Policy shall be administered as
provided in, and shall be subject to the terms and conditions of, Subclause 12.1.6.
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