Frontier Airlines 2011 Annual Report Download - page 162

the Seller has obtained for Supplier Parts pursuant to the Supplier Product Support Agreements.
12.3.1 Definitions
12.3.1.1 “Supplier” means any supplier of Supplier Parts.
12.3.1.2 “Supplier Part” means any component, equipment, accessory or part installed in an Aircraft at the time of Delivery thereof and for
which there exists a Supplier Product Support Agreement. For the sake of clarity, Propulsion System and Buyer Furnished
Equipment and other equipment selected by the Buyer to be supplied by suppliers with whom the Seller has no existing enforceable
warranty agreements are not Supplier Parts.
12.3.1.3 “Supplier Product Support Agreements” means agreements between the Seller and Suppliers, as described in Clause 17.1.2,
containing enforceable and transferable warranties and, in the case of landing gear suppliers, service life policies for selected
structural landing gear elements.
12.3.2 Supplier’s Default
12.3.2.1 In the event of any Supplier, under any standard warranty obtained by the Seller pursuant to Clause 12.3.1, [] (ii) the Buyer
submitting in reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.1 will apply to the
extent (a) the same would have been applicable had such Supplier Part been a Warranted Part, and (b) the Seller can reasonably
perform said Supplier’s obligations, except that the Supplier’s warranty period as indicated in the Supplier Product Support
Agreement will apply.
12.3.2.2 In the event of any Supplier, under any Supplier Service Life Policy obtained by the Seller pursuant to Clause 12.3.1, [] and (ii) the
Buyer submitting in reasonable time to the Seller reasonable evidence that such default has occurred, then Clause 12.2 will apply to
the extent (a) the same would have been applicable had such Supplier Item been listed in Exhibit F, Seller Service Life Policy, and
(b) the Seller can reasonably perform said Supplier’s obligations, except that the Supplier’s Service Life Policy period as indicated
in the Supplier Product Support Agreement will apply.
12.3.2.3 At the Seller’s request, the Buyer will assign to the Seller, and the Seller will be subrogated to, all of the Buyer’s rights against the
relevant Supplier with respect to and arising by reason of such default and will provide reasonable assistance to enable the Seller to
enforce the rights so assigned.
12.4 Interface Commitment
12.4.1 Interface Problem
If the Buyer experiences any technical problem in the operation of an Aircraft or its systems due to a malfunction, the cause of which,
after due and reasonable investigation, is not readily identifiable by the Buyer but which the Buyer reasonably believes to be attributable
to the design characteristics of one or more components of the Aircraft (“ Interface Problem”), the Seller
* Confidential