Frontier Airlines 2011 Annual Report Download - page 166

(ii) this Agreement, and in particular this Clause 12, has been the subject of discussion and negotiation and is fully understood by
the Buyer; and
(iii) the price of the Aircraft and the other mutual agreements of the Buyer set forth in this Agreement were arrived at in
consideration of, inter alia, the provisions of this Clause 12, specifically including the waiver, release and renunciation by the
Buyer set forth in Clause 12.5.
12.8 Disclosure to Third Party Entity
In the event of the Buyer intending to designate a third party entity (a “ Third Party Entity”) to administer this Clause 12, the Buyer will
notify the Seller of such intention prior to any disclosure of this Clause to the selected Third Party Entity and will cause such Third Party
Entity to enter into a confidentiality agreement and or any other relevant documentation with the Seller solely for the purpose of
administrating this Clause 12.
12.9 Transferability
Without prejudice to Clause 21.1, the Buyer’s rights under this Clause 12 may not be assigned, sold, transferred, novated or otherwise
alienated by operation of law or otherwise, without the Seller’s prior written consent, which will not be unreasonably withheld.
Any transfer in violation of this Clause 12.9 will, as to the particular Aircraft involved, void the rights and warranties of the Buyer under
this Clause 12 and any and all other warranties that might arise under or be implied in law.
* Confidential