Delta Airlines 2014 Annual Report Download - page 169

between the Buyer and the Seller, correct the design of such Warranted Part, pursuant to the terms and conditions of
Subclause 12.1.
If the Seller determines that the Interface Problem is primarily attributable to the design of a component, equipment,
accessory or part other than a Warranted Part (“ Supplier Component ”),
the Seller shall, if requested by the Buyer,
reasonably assist the Buyer in processing any warranty claim the Buyer may have against the manufacturer of such
Supplier Component.
If the Seller determines that the Interface Problem is attributable partially to the design of a Warranted Part and
partially to the design of any Supplier Component, the Seller shall, if requested by the Buyer, seek a solution to the
Interface Problem through cooperative efforts of the Seller and any Supplier involved. The Seller shall promptly
advise the Buyer of such corrective action as may be proposed by the Seller and any such Supplier. Such proposal
shall be consistent with any then existing obligations of the Seller hereunder and of any such Supplier to the Buyer.
Such corrective action, when reasonably accepted by the Buyer, shall constitute full satisfaction of any claim the
Buyer may have against either the Seller or any such Supplier with respect to such Interface Problem.
THIS CLAUSE 12 (INCLUDING ITS SUBPROVISIONS) SETS FORTH THE EXCLUSIVE WARRANTIES,
EXCLUSIVE LIABILITIES AND EXCLUSIVE OBLIGATIONS OF THE SELLER, AND THE EXCLUSIVE
REMEDIES AVAILABLE TO THE BUYER, WHETHER UNDER THIS AGREEMENT OR OTHERWISE,
ARISING FROM ANY DEFECT OR NONCONFORMITY OR PROBLEM OF ANY
[***] CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO
A REQUEST FOR CONFIDENTIAL TREATMENT
12.4.3 Supplier’
s Responsibility
12.4.4
Joint Responsibility
12.4.5
General
12.4.5.1
All requests under this Subclause 12.4 shall be directed both to the Seller and the affected Suppliers.
12.4.5.2
Except as specifically set forth in this Subclause 12.4, this Subclause 12.4 shall not be deemed to impose on the Seller
any obligations not expressly set forth elsewhere in the Agreement.
12.4.5.3
All reports, recommendations, data and other documents furnished by the Seller to the Buyer pursuant to this
Subclause 12.4 shall be deemed to be delivered under the Agreement and shall be subject to the terms, covenants and
conditions set forth in this Clause 12 and in Subclause 22.7.
12.5
EXCLUSIVITY OF WARRANTIES AND GENERAL LIMITATIONS OF LIABILITY
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PRIVILEDGED AND CONFIDENTIAL
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