Frontier Airlines 2011 Annual Report Download - page 161

Seller;
(v) the Buyer will report any breakage or defect in a Item in writing to the Seller [*] after such breakage or defect becomes
apparent, whether or not said breakage or defect can reasonably be expected to occur in any other aircraft, and the Buyer will
have provided to the Seller sufficient detail on the breakage or defect to enable the Seller, acting reasonably, to determine
whether said breakage or defect is subject to this Service Life Policy.
12.2.3.3 Except as otherwise provided for in this Clause 12.2, any claim under this Service Life Policy will be administered as provided for
in, and will be subject to the terms and conditions of, Clause 12.1.6.
12.2.3.4 In the event of the Seller having issued a modification applicable to an Aircraft, the purpose of which is to avoid a Failure, the Seller
may elect to supply the necessary modification kit [] established by the Seller. If such a kit is so offered to the Buyer, then, to the
extent of such Failure and any Failures that could ensue therefrom, the validity of the Seller’s commitment under this Clause 12.2
will be subject to the Buyer incorporating such modification in the relevant Aircraft, as promulgated by the Seller and in accordance
with the Seller’s instructions, within a reasonable time.
12.2.3.5 THIS SERVICE LIFE POLICY IS NEITHER A WARRANTY, PERFORMANCE GUARANTEE, NOR AN AGREEMENT
TO MODIFY ANY AIRCRAFT OR AIRFRAME COMPONENTS TO CONFORM TO NEW DEVELOPMENTS
OCCURRING IN THE STATE OF AIRFRAME DESIGN AND MANUFACTURING ART. THE SELLER’S
OBLIGATION UNDER THIS CLAUSE 12.2 IS TO MAKE ONLY THOSE CORRECTIONS TO THE ITEMS OR
FURNISH REPLACEMENTS THEREFOR AS PROVIDED FOR IN THIS CLAUSE 12.2. THE BUYER’S SOLE
REMEDY AND RELIEF FOR THE NON-PERFORMANCE OF ANY OBLIGATION OR LIABILITY OF THE SELLER
ARISING UNDER OR BY VIRTUE OF THIS SERVICE LIFE POLICY WILL BE IN A CREDIT FOR GOODS AND
SERVICES (NOT INCLUDING AIRCRAFT), LIMITED TO THE AMOUNT THE BUYER REASONABLY EXPENDS
IN PROCURING A CORRECTION OR REPLACEMENT FOR ANY ITEM THAT IS THE SUBJECT OF A FAILURE
COVERED BY THIS SERVICE LIFE POLICY AND TO WHICH SUCH NON-PERFORMANCE IS RELATED, LESS
THE AMOUNT THAT THE BUYER OTHERWISE WOULD HAVE BEEN REQUIRED TO PAY UNDER THIS CLAUSE
12.2 IN RESPECT OF SUCH CORRECTED OR REPLACEMENT ITEM. WITHOUT LIMITING THE EXCLUSIVITY
OF WARRANTIES AND GENERAL LIMITATIONS OF LIABILITY PROVISIONS SET FORTH IN CLAUSE 12.5,
THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL CLAIMS TO ANY FURTHER DIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS AND ALL OTHER RIGHTS,
CLAIMS AND REMEDIES, ARISING UNDER OR BY VIRTUE OF THIS SERVICE LIFE POLICY.
12.3 Supplier Warranties and Service Life Policies
Prior to or at Delivery of the first Aircraft, the Seller will provide the Buyer, in accordance with the provisions of Clause 17, with the
warranties and, where applicable, service life policies that
* Confidential