United Airlines 2012 Annual Report Download - page 437

3.2 The loading services performed by Boeing pursuant to this Letter Agreement will be performed in a workmanlike manner. The time required to
complete the Boeing-performed loading services is estimated to be approximately *** hours per attempt. Customer’s sole remedy and Boeing’s sole obligation
and liability for the loading services performed by Boeing if such courtesy load is not successful the first attempt are limited to re-performance by Boeing of
the courtesy load ***.
3.2.1 If any Customer-provided operational software referred to in Article 2.1 above fails to reload successfully, the Aircraft will be solely
configured with the Boeing baseline production software.
3.2.2 If any Customer-provided operational software referred to in Article 2.2 fails to reload successfully, Boeing will not be responsible to make
further loading attempts and Aircraft fly-away will occur as scheduled.
3.3 If any IFE Customer Software fails to load successfully, Customer shall make alternate loading arrangements with its IFE supplier for loading after
the Aircraft has flown-away. In such an event, and upon Customer’s request, Boeing will install the Boeing baseline production software for the Boeing
catalogue selected IFE configuration prior to Aircraft fly-away.
3.4 Customer is responsible for functional testing, verification, quality assurance, and operational approval of all Customer-provided operational
software.
3.5 A dual signature (Boeing and Customer) Onboard Authentication System ( OAS) *** will be installed on the Aircraft giving access to Boeing and
Customer, which is required to perform data and software loads after title transfer of the Aircraft. After fly-away, Customer will remove Boeing’s access key
and certificates from the OAS.
3.6 Customer will *** Boeing *** the installation or use of Customer-provided operational software by Boeing pursuant to this Letter Agreement. ***
3.7 The DISCLAIMER AND RELEASE and EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES provisions in Article 11 of Part 2 of
Exhibit C of the Aircraft General Terms Agreement (AGTA) between Boeing and Customer and the insurance provisions of Article 8.2 of the AGTA shall
apply to Boeing’s loading of all software and data pursuant to this Letter Agreement. For purposes of this Article 3.7, all software and data provided directly
by Boeing will be defined as ***. Title to and risk of loss of the Aircraft will always remain with Customer during Boeing’s performance of all post title
transfer services.
P.A. No. 2484 SA7
787 Post-Delivery Software and Dataloading Page 3
BOEING / CONTINENTAL AIRLINES, INC. PROPRIETARY