Delta Airlines 2014 Annual Report Download - page 208

For purposes of this Clause 21, the terms “Affected Aircraft”, “Applicable Date” and “Escalated Price”
are defined as
follows:
Within [***] of becoming aware of the occurrence of a Termination Event by the Buyer, the Buyer will notify the
Seller of such occurrence in writing, provided, that any failure by the Buyer to notify the Seller will not prejudice the
Seller’s rights or remedies hereunder.
[***] CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO
A REQUEST FOR CONFIDENTIAL TREATMENT
(iv)
[***];
(v)
[***];
(vi)
[***]; and
(vii)
[***]
(B)
[***]
21.2.4 The parties to this Agreement are commercially sophisticated parties acting within the same industry, and represented
by competent counsel and the parties expressly agree and declare as follows:
(A)
[***];
(B)
[***]; and
(C)
[***].
21.3
Definitions
(i) “ Affected Aircraft ” –
any or all Aircraft with respect to which the Seller has cancelled or terminated this
Agreement pursuant to Subclause 21.2.1(D),
(ii) “ Applicable Date ” –
for any Affected Aircraft, the date the Seller issues the notice [***] pursuant to
Subclause 21.2.3(B).
(iii) “[***]” - will have the same meaning as the “Final Contract Price”
of the Aircraft as that term is defined in
Subclauses 3.1.4 and 3.2.4, [***].
21.4
Notice of Termination Event
21.5
Information Covenants
CT1404840_PA_A330-900neo_A350-900_EXECUTION.Docx
PRIVILEDGED AND CONFIDENTIAL
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