Delta Airlines 2014 Annual Report Download - page 171

(c) LOSS OF PROFITS AND/OR REVENUES;
(d) ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGE.
THE WARRANTIES AND SERVICE LIFE POLICY PROVIDED BY THIS AGREEMENT SHALL NOT BE
EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER
AND THE BUYER. IN THE EVENT THAT ANY PROVISION OF THIS CLAUSE 12 SHOULD FOR ANY
REASON BE HELD UNLAWFUL, OR OTHERWISE UNENFORCEABLE, THE REMAINDER OF THIS
CLAUSE 12 SHALL REMAIN IN FULL FORCE AND EFFECT.
The remedies provided to the Buyer under this Clause 12 as to any defect in respect of the Aircraft or any part thereof
are mutually exclusive and not cumulative. The Buyer shall be entitled to the remedy that provides the maximum
benefit to it, as the Buyer may elect, pursuant to the terms and conditions of this Clause 12 for any such particular
defect for which remedies are provided under this Clause 12; provided, however, that the Buyer shall not be entitled to
elect a remedy under one part of this Clause 12 that constitutes a duplication of any remedy elected by it under any
other part hereof for the same defect. The Buyer’
s rights and remedies herein for the nonperformance of any
obligations or liabilities of the Seller arising under these warranties shall be in monetary damages limited to the
amount the Buyer expends in procuring a correction or replacement for any covered part subject to a defect or
nonperformance covered by this Clause 12, and the Buyer shall not have any right to require specific performance by
the Seller, except that the Buyer shall be entitled to seek specific performance of the Seller’
s obligations under this
Clause 12 in the event of any default by the Seller in the performance of such obligations.
The Buyer and the Seller agree that this Clause 12 has been the subject of discussion and negotiation and is fully
understood by the parties and that the price of the Aircraft and the other mutual agreements of the parties set forth in
this Agreement were arrived at in consideration of, inter alia , the provisions of
this Clause 12, specifically including
the Exclusivity of Warranties and General Limitations of Liability provisions and the Duplicate Remedies provisions
set forth in Subclause 12.5 and following Subclause 12.6.
[***] CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO
A REQUEST FOR CONFIDENTIAL TREATMENT
(b)
LOSS OF, OR DAMAGE OF ANY KIND TO, ANY AIRCRAFT, COMPONENT, EQUIPMENT,
ACCESSORY OR PART PROVIDED UNDER THIS AGREEMENT;
12.6
Duplicate Remedies
12.7
Negotiated Agreement
CT1404840_PA_A330-900neo_A350-900_EXECUTION.Docx
PRIVILEDGED AND CONFIDENTIAL
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