Delta Airlines 2014 Annual Report Download - page 275

Exhibit I
their suppliers’ or subcontractors’ (
including the Supplier) 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 Sublicensee or the governments of the countries of the
Sublicensor, the Sub-
Sublicensor or their subcontractors or its suppliers (including the Supplier), 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 (including the Supplier) to furnish materials, accessories,
equipment or parts due to causes reasonably beyond such subcontractor's or supplier‘
s (including the Supplier)
control or failure of the Sublicensee or the Supplier to comply with its obligations arising out of the present Software
Sublicense.
[***]
In the event of termination for any cause, the Sublicensee shall no longer have any right to use the Supplier
Software and shall return to the Supplier all copies of the Supplier Software and any relating documentation
together with an affidavit to that effect.
[***] CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO
A REQUEST FOR CONFIDENTIAL TREATMENT
14.2 The Sublicensor or the Sub-
Sublicensor shall, and/or shall cause the Supplier to, as soon as practicable after
becoming aware of any delay falling within the provisions of this Article, notify the Sublicensee 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 Supplier Software or Update.
15
TERMINATION
16
GENERAL PROVISIONS
16.1 This Software Sublicense is an Exhibit to the Agreement and integrally forms part thereof. As a result, any non-
conflicting terms of the Agreement are deemed incorporated herein to the extent they are relevant in the context of
this Software Sublicense.
16.2
Notwithstanding the terms of Clause 22.10 of the Agreement, in the event of any inconsistency or discrepancy
between any term of this Software Sublicense and any term of the Agreement (including any Appendix or other
Exhibits thereto), the terms of this Software Sublicense shall take precedence over the conflicting terms of the
Agreement to the extent necessary to resolve such inconsistency or discrepancy.
16.3 The Sublicensee acknowledges that the Supplier Software covered under the present Sub-
license Agreement is
also subject to the conditions relative to each Supplier Software set forth in the corresponding Supplier Product
Support Agreement. In the event of any inconsistency between the terms of this Sub-
license Agreement and the
terms contained in the corresponding Supplier Product Support Agreement, the latter shall prevail to the extent of
such inconsistency.
16.4 This Software Sublicense is subject to and construed and the performance thereof shall be determined in
accordance with the laws in effect in the State of New York without regard to conflict of laws principles that could
result in the application of the