Delta Airlines 2014 Annual Report Download - page 267

Exhibit I
PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON
BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS SOFTWARE LICENSE
SHALL REMAIN IN FULL FORCE AND EFFECT.
FOR THE PURPOSES OF THIS ARTICLE 12, “THE LICENSOR”
SHALL BE UNDERSTOOD TO INCLUDE THE
LICENSOR AND THE SUB-
LICENSOR AND, ANY OF THEIR SUPPLIERS AND SUBCONTRACTORS, THEIR
AFFILIATES AND ANY OF THEIR RESPECTIVE INSURERS.
Other than its confidentiality obligations, the Licensor shall have no liability for data that is entered into the Airbus
Software by the Licensee and/or used for computation purposes.
[***]
For the avoidance of doubt, nothing in this Clause 14 shall be deemed to modify or limit Clause 10 of the
Agreement
[***] CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO
A REQUEST FOR CONFIDENTIAL TREATMENT
(E)
ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OR DAMAGE TO ANY
AIRCRAFT, COMPONENT, EQUIPMENT, ACCESSORY, PART, SOFTWARE, DATA OR SERVICES
DELIVERED UNDER THE AGREEMENT, FOR LOSS OF USE, REVENUE OR PROFIT OR FOR ANY
OTHER DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
13
LIMITATION OF LIABILITY
14
EXCUSABLE DELAYS
14.1
The Licensor shall not be responsible nor be deemed to be in default on account of delays in delivery of any Airbus
Software or Update due to causes reasonably beyond the Licensor’s or its subcontractors’
control including but not
limited to: natural disasters, fires, floods, explosions or earthquakes, epidemics or quarantine restrictions, serious
accidents, total or constructive total loss, any act of the government of the country of the Licensee or the
governments of the countries of Licensor or its subcontractors, war, insurrections or riots, failure of transportation,
communications or services, strikes or labor troubles causing cessation, slow down or interruption of services,
inability after due and timely diligence to procure materials, accessories, equipment or parts, failure of a
subcontractor or supplier to furnish materials, accessories, equipment or parts due to causes reasonably beyond
such subcontractor's or supplier's control or failure of the Licensee to comply with its obligations arising out of the
present Software License.
14.2
The Licensor shall, as soon as practicable after becoming aware of any delay falling within the provisions of this
Article, notify the Licensee of such delay and of the probable extent thereof and shall, subject to the conditions as
hereinafter provided and as soon as practicable after the removal of the cause or causes for delay, resume delivery
of the delayed Airbus Software or Update.