Frontier Airlines 2010 Annual Report Download - page 159

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maintenance of each ERJ-170 Additional Aircraft, and Operator shall not be entitled to any reimbursement thereof by Delta under the
Agreement or otherwise.
I.
Delta, in its sole discretion, may elect to have modifications performed on the ERJ-170 Additional Aircraft in
addition to the Delivery Configurations and Interior Modifications, and if Delta so elects, Delta will be solely
responsible for all costs associated with such additional modifications.
J.
N
otwithstanding anything in the Agreement to the contrary, the parties agree that the Aircraft Rent/Ownership
Cost with respect to each of the ERJ-170 Additional Aircraft shall be [*] per month (subject to potential
Mark-Up in accordance with Article 3 of the Agreement) commencing, with respect to each ERJ-170
Additional Aircraft, on the respective date each such ERJ-170 Additional Aircraft is available to be placed into
Delta Connection Service in accordance with the Agreement (as amended and modified by this Amendment).
K.
(i) The parties acknowledge and agree that one or more of the ERJ-170 Additional Aircraft may require
“C-checks” on their respective airframes prior to the end of their respective six-year terms under the
Agreement. [*].
(ii) In addition, at the end of each ERJ-170 Additional Aircraft's six-year term, Delta shall pay to Operator in the
month following the last flight under the Agreement by the applicable ERJ-170 Additional Aircraft and amount equal
to the product of (y) [*] multiplied by (z) [*].
L.
The parties acknowledge and agree that, pursuant to Section 3A.(ii)(1) of the Agreement, Delta is responsible
for reimbursing Operator for the usage of Engine Life Limited Parts (“LLPs”) on the ERJ-170 Additional
Aircraft during the respective six-year terms under the Agreement of such Aircraft. In connection therewith, at
the end of each ERJ-170 Additional Aircraft's six-year term, Delta shall pay to Operator, in the month
following the last flight under the Agreement, by the applicable ERJ-170 Additional Aircraft and amount
equal to the product of (y) [*] multiplied by (z) [*]. The parties acknowledge and agree that the effective LLP
Rate in calendar year 2011 economics is [*] per Aircraft cycle and [*]. Annually, but in any event no later
than January 31st of each year during the Term, Operator shall provide Delta copies, certified by an officer of
Operator, of documentation, in form and substance reasonably satisfactory to Delta, that set forth the current
year's [*]. With respect to each ERJ-170 Additional Aircraft, if during the six-year term under the Agreement
of the applicable ERJ-170 Additional Aircraft, any engine operating on such ERJ-170 Additional Aircraft
requires replacement of its LLPs, it is understood and agreed that [*].
4. Miscellaneous.
A. This Amendment, together with the exhibits attached hereto, constitute the entire understanding of the