Frontier Airlines 2006 Annual Report Download - page 160

ATTACHMENT “H-1” - PERFORMANCE GUARANTEE EMBRAER 175
shall be defined as operation in the automatic mode, with the temperature control set to maintain a nominal cabin temperature of 70 °F, and all air
conditioning systems operating normally. This operation nominally allows a maximum cabin pressure differential of *** lb per
square inch, with a nominal Aircraft cabin ventilation rate of *** cu.ft per min at *** ft including passenger cabin recirculation
(nominal recirculation is ***%). The APU is turned off unless otherwise specified.
3.5 The cruise specific air range, speed and the climb, cruise, and descent portions of the mission guarantees are based on an Aircraft center of gravity
location of ***% of the mean aerodynamic chord.
3.6 Performance, where applicable, is based on a fuel Lower Heating Value (LHV) of 18,580 BTU per pound and a fuel density of 6.7 lb per U.S. gallon.
4. PARTIES’ OBLIGATIONS ACCORDING TO THIS GUARANTEE
4.1 During the Aircraft acceptance to be performed by Buyer in accordance with Article 7 of the Purchase Agreement, Buyer shall check the Aircraft
performance specified in Article 1 of this Attachment H, by using the Aircraft Flight Manual (AFM) or by comparing the flight test data, at the
atmospheric conditions prevailing during the flight, with the information presented in the Supplementary Performance Manual (SPM), as applicable. All
performance guarantee under this Attachment are in accordance with both manuals above mentioned, taking into consideration the established tolerances.
4.2 Embraer’s obligations in respect to the guarantees stated in Article 1 of this Attachment are limited to Buyer’s right to ***, should it be reasonably
verified that such Aircraft, during the acceptance procedure specified in Article 7 of the Purchase Agreement, cannot comply with the performances
guaranteed hereunder, after Embraer has had a reasonable opportunity to cure such deficiencies in accordance with Article 7 of the Purchase Agreement.
***
4.3 In case, during the above mentioned acceptance procedure, it is proven that the Aircraft performance does not comply with the performances specified in
Article 1 of this Attachment, but Buyer considers it satisfactory by accepting delivery of such Aircraft, then Embraer shall not be liable to any claim or
demand whatsoever from Buyer with respect to such performance guarantees.
4.4 Upon acceptance of the Aircraft by Buyer, all obligations of Embraer regarding the Aircraft performance guarantees shall cease.
5. GUARANTEE COMPLIANCE
5.1 Compliance with the guarantees of Article 1 of this Attachment shall be based on the conditions specified in that article, the
Aircraft configuration contained in Attachment “A” to the Purchase Agreement and the guarantee conditions of Article 3 above.
5.2 Compliance with the cruise specific air range, and the climb, cruise and descent portions of the mission guarantees shall be
established by calculations based on the comparison mentioned in paragraph 4.1 above.
5.3 The data derived from tests shall be adjusted as required by conventional methods of correction, interpolation or extrapolation
in accordance with established engineering practices to show compliance with the performance guarantee.
5.4 Compliance with the Equipped Empty Weight guarantee shall be based on information in the appropriate approved weight and
balance manual, and associated document or report.
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***Confidential
Source: REPUBLIC AIRWAYS HOLDINGS INC, 10-K, March 15, 2007 Powered by Morningstar® Document Research℠