Delta Airlines 2014 Annual Report Download - page 202

and to include in particular the amount of the Seller’
s additional costs attributable to such delay or failure by the
Buyer or the BFE Suppliers, [***].
or
Title to and risk of loss of any BFE shall at all times remain with the Buyer except that risk of loss (limited to cost of
replacement of said BFE) shall be with the Seller for as long as such BFE is under the care, custody and control of the
Seller.
Subject to the provisions of this Clause 19, the Agreement shall inure to the benefit of and be binding upon the
successors and assigns of the parties hereto. This Agreement and/or
[***] CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO
A REQUEST FOR CONFIDENTIAL TREATMENT
18.3.2
In addition, in the event of any delay or failure mentioned in 18.3.1.1 above, the Seller may:
(i)
select, purchase and install equipment similar to the BFE at issue, in which event the Final Price of the affected
Aircraft shall [***]
(ii)
if the BFE is delayed by more than [***].
18.3.3
Title and Risk of Loss
18.3.4
Disposition of BFE Following Termination
18.3.4.1
If a termination of the Agreement pursuant to the provisions of Clause 21 occurs [***] with respect to an Aircraft in
which all or any part of the BFE has been installed prior to the date of such termination, [***].
18.3.4.2
[***]
18.3.4.3
The Seller shall notify the Buyer as to those items of BFE [***]. The Buyer shall have no claim against the Seller for
damage, loss or destruction of any item of BFE removed from the Aircraft and not removed from Seller’
s facility
within such period.
18.3.4.4
The Buyer shall have no claim against the Seller for damage to or destruction of any item of BFE damaged or
destroyed in the process of being removed from the Aircraft, provided that the Seller shall use reasonable care in such
removal.
18.3.4.5
The Buyer shall grant the Seller title to any BFE items that cannot be removed from the Aircraft [***].
19.
ASSIGNMENT
19.1
Successors and Assigns
CT1404840_PA_A330-900neo_A350-900_EXECUTION.Docx
PRIVILEDGED AND CONFIDENTIAL
87