Delta Airlines 2014 Annual Report Download - page 168

The Buyer hereby:
in each case, following transfer by the Seller to the Buyer of warranties that the Seller has obtained for ACS
Equipment pursuant to Airbus Contracted Suppliers Support Agreements.
If the Buyer experiences any technical problem in the operation of an Aircraft or its systems due to a malfunction
(including any unexplainable occurrence), the cause of which, after due and reasonable investigation, is not readily
identifiable by the Buyer, but which the Buyer reasonably believes to be attributable to the design characteristics of
one or more components of the Aircraft (an “ Interface Problem ”),
the Seller shall, if requested by the Buyer, and
without additional charge to the Buyer, except for transportation of the Seller’s personnel to the Buyer’
s facilities,
promptly conduct or have conducted an investigation and analysis of such problem to determine, if possible, the cause
or causes of the problem and to recommend such corrective action as may be feasible, provided, however, that if the
Seller determines, after such due and reasonable investigation, that the Interface Problem was due to or caused by any
default by the Buyer in performance of its obligations hereunder, the Buyer shall pay to the Seller all reasonable costs
and expenses incurred by the Seller during such investigation. The Buyer shall furnish to the Seller all data and
information in the Buyer’
s possession relevant to the Interface Problem and shall cooperate with the Seller in the
conduct of the Seller’s investigations and such tests as may be required.
At the conclusion of such investigation the Seller shall promptly advise the Buyer in writing of the Seller’
s opinion as
to the cause or causes of the Interface Problem and the Seller’s recommendations as to corrective action.
If the Seller determines that the Interface Problem is primarily attributable to the design of a Warranted Part, the Seller
shall, if requested by the Buyer and following consultation
[***] CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO
A REQUEST FOR CONFIDENTIAL TREATMENT
12.3.3
ACS Supplier Warranties
12.3.2.2
ACS Supplier's Default
(a)
agrees and acknowledges that it shall have no right of recourse against the Seller with respect to any default by
an ACS Supplier; and
(b)
waives to the fullest extent permitted by applicable law any right of recourse against the Seller (in contract
and/or at law) with respect to any default by an ACS Supplier,
12.4
Interface Commitment
12.4.1
Interface Problem
12.4.2 Seller’
s Responsibility
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PRIVILEDGED AND CONFIDENTIAL
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