Delta Airlines 2014 Annual Report Download - page 378

APPENDIX 2
10 EXCUSABLE DELAY
10.1 Scope
The Seller shall not be responsible for or be deemed to be in default on account of delays in Delivery or failure to
deliver or otherwise in the performance of the Agreement or any part hereof [***]
[***]
[***]
10.2 Unanticipated Delay
In the event that the Delivery of any Aircraft is delayed by reason of an Excusable Delay for a period of more than
[***]
10.3 Anticipated Delay
In respect of any Aircraft, the Seller may [***]
10.4 Delivery Date
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10.5 Lost, Destroyed or Damaged Aircraft
In the event that prior to Delivery any Aircraft is lost, destroyed or damaged beyond economic repair, the Seller shall
notify the Buyer in writing within [***]
after such event. Such notice shall specify the earliest date, consistent with the
Seller’
s other contractual commitments and production capabilities, by which the Seller would be able to deliver a
replacement for such Aircraft. [***]
In the event of termination of the Agreement as to a particular Aircraft as a result
of such loss, destruction or damage the obligations and liabilities of the parties hereunder with respect to such Aircraft
shall be discharged. [***]
10.7 REMEDIES
THIS CLAUSE 10 AND CERTAIN RELATED PROVISIONS ELSEWHERE IN THIS AGREEMENT SET FORTH
THE SOLE AND EXCLUSIVE REMEDY OF THE BUYER FOR EXCUSABLE DELAYS IN DELIVERY OR
FAILURE TO DELIVER, AND THE BUYER HEREBY WAIVES ALL RIGHTS, INCLUDING WITHOUT
LIMITATION ANY
[***] CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO
A REQUEST FOR CONFIDENTIAL TREATMENT
10.6
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