Delta Airlines 2014 Annual Report Download - page 166

Except as provided in Subclause 19.3, the Buyer’
s rights under this Subclause 12.2 shall not be assigned, sold, leased,
transferred or otherwise alienated by operation of law or otherwise, without the Seller’s prior written consent.
Any unauthorized assignment, sale, lease, transfer or other alienation of the Buyer’
s rights under this Service Life
Policy shall, as to the particular Aircraft involved, immediately void this Service Life Policy in its entirety.
[***] CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO
A REQUEST FOR CONFIDENTIAL TREATMENT
12.2.4.4
In the event that the Seller shall have issued a modification applicable to an Aircraft, the purpose of which is to avoid
a Failure, the Seller shall offer to supply to the Buyer the necessary modification kit free of charge or under a pro rata
formula established by mutual agreement between the Buyer and the Seller. If such a kit is so offered to the Buyer,
then, in respect of such Failure and any Failures that could ensue therefrom, the validity of the Seller’
s commitment
under this Subclause 12.2 shall be subject to the Buyer’
s incorporating such modification in the relevant Aircraft,
within a reasonable time, as promulgated by the Seller and in accordance with the Seller’s instructions.
12.2.4.5
THIS SERVICE LIFE POLICY IS NEITHER A WARRANTY, PERFORMANCE GUARANTEE, NOR AN
AGREEMENT TO MODIFY ANY AIRCRAFT OR AIRFRAME COMPONENTS TO CONFORM TO NEW
DEVELOPMENTS OCCURRING IN THE STATE OF AIRFRAME DESIGN AND MANUFACTURING ART.
THE SELLER’
S OBLIGATION UNDER THIS SUBCLAUSE 12.2 IS TO MAKE ONLY THOSE CORRECTIONS
TO THE ITEMS OR FURNISH REPLACEMENTS THEREFOR AS PROVIDED IN THIS SUBCLAUSE 12.2.
THE BUYER’
S SOLE REMEDY AND RELIEF FOR THE NONPERFORMANCE OF ANY OBLIGATION OR
LIABILITY OF THE SELLER ARISING UNDER OR BY VIRTUE OF THIS SERVICE LIFE POLICY SHALL
BE IN MONETARY DAMAGES, LIMITED TO THE AMOUNT THE BUYER REASONABLY EXPENDS IN
PROCURING A CORRECTION OR REPLACEMENT FOR ANY ITEM THAT IS THE SUBJECT OF A
FAILURE COVERED BY THIS SERVICE LIFE POLICY AND TO WHICH SUCH NONPERFORMANCE IS
RELATED, LESS THE AMOUNT THAT THE BUYER OTHERWISE WOULD HAVE BEEN REQUIRED TO
PAY UNDER THIS SUBCLAUSE 12.2 IN RESPECT OF SUCH CORRECTED OR REPLACEMENT ITEM.
WITHOUT LIMITING THE EXCLUSIVITY OF WARRANTIES AND GENERAL LIMITATIONS OF
LIABILITY PROVISIONS SET FORTH IN SUBCLAUSE 12.5, THE BUYER HEREBY WAIVES, RELEASES
AND RENOUNCES ALL CLAIMS TO ANY FURTHER DIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING LOSS OF PROFITS AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES,
ARISING UNDER OR BY VIRTUE OF THIS SERVICE LIFE POLICY.
12.2.5
Transferability
CT1404840_PA_A330-900neo_A350-900_EXECUTION.Docx
PRIVILEDGED AND CONFIDENTIAL
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