Frontier Airlines 2011 Annual Report Download - page 139

7 - CERTIFICATION
Except as set forth in this Clause 7, the Seller will not be required to obtain any certificate or approval with respect to the Aircraft.
7.1 Type Certification
The Seller will obtain or cause to be obtained (i) a type certificate under EASA procedures for joint certification in the transport
category and (ii) an FAA type certificate (the “Type Certificate”) to allow the issuance of the Export Certificate of Airworthiness.
7.2 Export Certificate of Airworthiness
Subject to the provisions of Clause 7.3, each Aircraft will be delivered to the Buyer with an Export Certificate of Airworthiness issued
by EASA in a condition enabling the Buyer to obtain at the time of Delivery a Standard Airworthiness Certificate issued pursuant to Part
21 of the US Federal Aviation Regulations and a Certificate of Sanitary Construction issued by the U.S. Public Health Service of the
Food and Drug Administration. However, the Seller will have no obligation to make and will not be responsible for any costs of
alterations or modifications to such Aircraft to enable such Aircraft to meet FAA or U.S. Department of Transportation requirements for
specific operation on the Buyer’s routes, whether before, at or after Delivery of any Aircraft.
If the FAA requires additional or modified data before the issuance of the Export Certificate of Airworthiness, the Seller will provide
such data or implement the required modification to the data, in either case, at the Buyer’s cost.
7.3 Specification Changes before Aircraft Ready for Delivery
7.3.1 If, any time before the date on which an Aircraft is Ready for Delivery, any law, rule or regulation is enacted, promulgated,
becomes effective and/or an interpretation of any law, rule or regulation is issued by the EASA that requires any change to the
Specification for the purposes of obtaining the Export Certificate of Airworthiness (a “ Change in Law”), the Seller will make the
required modification and the parties hereto will sign an SCN pursuant to Clause 2.2.1.
7.3.2 The Seller will as far as practicable, but at its sole discretion and without prejudice to Clause 7.3.3(ii), take into account the
information available to it concerning any proposed law, rule or regulation or interpretation that could become a Change in Law, in
order to minimize the costs of changes to the Specification as a result of such proposed law, regulation or interpretation becoming
effective before the applicable Aircraft is Ready for Delivery.
7.3.3 The cost of implementing the required modifications referred to in Clause 7.3.1 will be:
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* Confidential