Common use of Administration of Patent and Copyright Indemnity Claims Clause in Contracts

Administration of Patent and Copyright Indemnity Claims. 13.2.1 If the Buyer receives a written claim or a suit is threatened or commenced against the Buyer for infringement of a patent or copyright referred to in Clause 13.1, the Buyer shall: (i) promptly notify the Seller following the Buyer receiving notice of the same, giving particulars thereof to the extent known by the Buyer; (ii) upon the Seller’s request, furnish to the Seller all data, papers and records within the Buyer’s control or possession relating to the defense of such claim or suit; (iii) refrain from admitting any liability or making any payment or assuming any expenses, damages, costs or royalties or otherwise acting in a manner prejudicial to the defense or denial of such suit or claim provided always that nothing in this sub-Clause (iii) shall prevent the Buyer from paying such sums as may be required in order to obtain the right to use the Aircraft or the allegedly infringing part, software or Other Item, provided such payment is accompanied by a denial of liability and is made without prejudice; (iv) co-operate with, and render all such assistance to, the Seller as may be pertinent to the defense or denial of the suit or claim provided the same is at no out-of-pocket cost to Buyer; and (v) act in such a way as to mitigate damages and / or to reduce the amount of royalties which may be payable as well as to minimise costs and expenses, but in each case only to the extent that doing so would not materially adversely affect the Buyer’s operations or result in any out-of-pocket costs to Buyer not indemnified by Seller. 13.2.2 The Seller may, upon commitment to the Buyer in writing that it will indemnify the Buyer as provided herein, assume and conduct the defense or settlement of any claim or suit in the manner that, in the Seller’s opinion, the Seller deems proper. In that event, the Seller shall be entitled either in its own name or on behalf of the Buyer to conduct such defense with the party or parties alleging infringement. 13.2.3 The Seller’s liability hereunder shall be conditional upon the full and timely compliance by the Buyer with the terms of this Clause 13 and is in lieu of any other liability to the Buyer express or implied which the Seller might incur at law as a result of any infringement or claim of infringement of any patent or copyright. AVA - A320 Family PA AMENDED AND RESTATED THE INDEMNITY PROVIDED IN THIS CLAUSE 13 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRFRAME, PART OR SOFTWARE INSTALLED THEREIN AT DELIVERY, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS INDEMNITY AGAINST PATENT AND COPYRIGHT INFRINGEMENTS WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER.

Administration of Patent and Copyright Indemnity Claims. 13.2.1 If the Buyer receives a written claim or a suit is threatened or commenced against the Buyer for infringement of a patent or copyright referred to in Clause 13.1, the Buyer shall: (i) promptly forthwith notify the Seller following the Buyer receiving notice of the same, giving particulars thereof to the extent known by the Buyerthereof; (ii) upon the Seller’s request, furnish to the Seller all data, papers and records within the Buyer’s 's control or possession relating to the defense of such claim patent or suitclaim; (iii) refrain from admitting any liability or making any payment or assuming any expenses, damages, costs or royalties or otherwise acting in a manner prejudicial to the defense or denial of such suit or claim provided always that nothing in this sub-Clause (iii) shall prevent the Buyer from paying such sums as may be required in order to obtain the right to use release of the Aircraft or the allegedly infringing part, software or Other ItemAircraft, provided such payment is accompanied by a denial of liability and is made without prejudice; (iv) fully co-operate with, and render all such assistance to, the Seller as may be pertinent to the defense or denial of the suit or claim provided the same is at no out-of-pocket cost to Buyer; andclaim; (v) act in such a way as to mitigate damages and / or to reduce the amount of royalties which may be payable as well as to minimise costs and expenses, but in each case only to the extent that doing so would not materially adversely affect the Buyer’s operations or result in any out-of-pocket costs to Buyer not indemnified by Seller. 13.2.2 The Seller may, upon commitment to the Buyer in writing that it will indemnify the Buyer as provided herein, assume and conduct the defense or settlement of any claim or suit in the manner that, in the Seller’s opinion, the Seller deems proper. In that event, the Seller shall be entitled either in its own name or on behalf of the Buyer to conduct such defense negotiations with the party or parties alleging infringementinfringement and may assume and conduct the defense or settlement of any suit or claim in the manner which, in the Seller's opinion, it deems proper. 13.2.3 The Seller’s 's liability hereunder shall be conditional upon the full strict and timely compliance by the Buyer with the terms of this Clause 13 and is in lieu of any other liability to the Buyer express or implied which the Seller might incur at law as a result of any infringement or claim of infringement of any patent or copyright. AVA - A320 Family PA AMENDED AND RESTATED THE INDEMNITY PROVIDED IN THIS CLAUSE 13 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRFRAME, PART OR SOFTWARE INSTALLED THEREIN AT DELIVERY, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT*** This information is subject to confidential treatment and has been omitted and filed separately with the Commission. THIS INDEMNITY AGAINST PATENT AND COPYRIGHT INFRINGEMENTS WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER.CC – C 337.0045/07 Page 49/92

Administration of Patent and Copyright Indemnity Claims. 13.2.1 If the Buyer receives a written claim or a suit is threatened or commenced against the Buyer for infringement of a patent or copyright referred to in Clause 13.1, the Buyer shall: (i) promptly notify the Seller following the Buyer receiving notice of the same, giving particulars thereof to the extent known by the Buyer; (ii) upon the Seller’s request, furnish to the Seller all data, papers and records within the Buyer’s control or possession relating to the defense of such claim or suit; (iii) refrain from admitting any liability or making any payment or assuming any expenses, damages, costs or royalties or otherwise acting in a manner prejudicial to the defense or denial of such suit or claim provided always that nothing in this sub-Clause (iii) shall prevent the Buyer from paying such sums as may be required in order to obtain the right to use the Aircraft or the allegedly infringing part, software or Other Item, provided such payment payment, to the extent permitted by any applicable laws, is accompanied by a denial of liability and is made without prejudice; (iv) co-operate with, and render all such assistance to, the Seller as may be pertinent to the defense or denial of the suit or claim provided the same is at no out-of-pocket cost to Buyer; and (v) act in such a way as to mitigate damages and / or to reduce the amount of royalties which may be payable as well as to minimise costs and expenses, but in each case only to the extent that doing so would not materially adversely affect the Buyer’s operations or result in any out-of-pocket costs to Buyer not indemnified by Seller. 13.2.2 The Seller may, upon commitment to the Buyer in writing that it will indemnify the Buyer as provided herein, assume and conduct the defense or settlement of any claim or suit in the manner that, in the Seller’s opinion, the Seller deems proper. In that event, the Seller shall be entitled either in its own name or on behalf of the Buyer to conduct such defense with the party or parties alleging infringement. 13.2.3 The Seller’s liability hereunder shall be conditional upon the full and timely compliance by the Buyer with the terms of this Clause 13 and is in lieu of any other liability to the Buyer express or implied which the Seller might incur at law as a result of any infringement or claim of infringement of any patent or copyright. AVA - A320 Family PA AMENDED AND RESTATED THE INDEMNITY PROVIDED IN THIS CLAUSE 13 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE AVTA - A320 Family & A320 NEO Family PA BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRFRAME, PART OR SOFTWARE INSTALLED THEREIN AT DELIVERY, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS INDEMNITY AGAINST PATENT AND COPYRIGHT INFRINGEMENTS WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER.

Administration of Patent and Copyright Indemnity Claims. 13.2.1 If the Buyer receives a written claim or a suit is threatened or commenced against the Buyer for infringement of a patent or copyright referred to in Clause 13.1, the Buyer shallshall at the Seller’s expense: (i) promptly as soon as reasonably practicable notify the Seller following the Buyer receiving notice of the same, giving particulars thereof to the extent known by the Buyerthereof; (ii) upon the Seller’s request, furnish to the Seller all data, papers and records within the Buyer’s control or possession relating to the defense of such claim patent or suitclaim, if legally permitted to do so; (iii) refrain from admitting any liability or making any payment or assuming any expenses, damages, costs or royalties or otherwise acting in a manner prejudicial to the defense or denial of such suit or claim provided always that nothing in this sub-Clause (iii) shall prevent the Buyer from paying such sums as may be required in order to obtain the right to use release of the Aircraft or the allegedly infringing part, software or Other ItemAircraft, provided such payment is accompanied by a denial of liability and is made without prejudice; (iv) at the Seller’s reasonable request, fully co-operate with, and render all such assistance to, the Seller as may be pertinent to the defense or denial of the suit or claim provided the same is at no out-of-pocket cost to Buyer; andclaim; (v) act in such a way as is reasonable to mitigate damages and / or to reduce the amount of royalties which may be payable as well as to minimise costs and expenses, but in each case only to the extent that doing so would not materially adversely affect the Buyer’s operations or result in any out-of-pocket costs to Buyer not indemnified by Seller. 13.2.2 The Seller may, upon commitment to the Buyer in writing that it will indemnify the Buyer as provided herein, assume and conduct the defense or settlement of any claim or suit in the manner that, in the Seller’s opinion, the Seller deems proper. In that event, the Seller shall be entitled at its sole expense either in its own name or on behalf of the Buyer to conduct such defense negotiations with the party or parties alleging infringementinfringement and may assume and conduct the defense or settlement of any suit or claim in the manner which, in the Seller’s opinion, it deems proper. 13.2.3 The Seller’s liability hereunder shall be conditional upon the full and timely compliance by the Buyer with the terms of this Clause 13 and is in lieu of any other liability to the Buyer express or implied which the Seller might incur at law as a result of any infringement or claim of infringement of any patent or copyright. AVA - A320 Family PA AMENDED AND RESTATED THE INDEMNITY PROVIDED IN THIS CLAUSE 13 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRFRAME, PART OR SOFTWARE INSTALLED THEREIN AT DELIVERY, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS INDEMNITY AGAINST PATENT AND COPYRIGHT INFRINGEMENTS WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER****.

Administration of Patent and Copyright Indemnity Claims. 13.2.1 If the Buyer receives a written claim or a suit is threatened or commenced begun against the Buyer for infringement of a patent or copyright referred to in Clause 13.1, the Buyer shall: (i) promptly forthwith notify the Seller following the Buyer receiving notice of the sameSeller, giving particulars thereof to the extent known by the Buyer;thereof; HAL – X000 XX0-00 XXX X000 XX - XX0 Miscellaneous *** Confidential Treatment Requested (ii) upon the Seller’s request, furnish to the Seller all data, papers and records within the Buyer’s control or possession relating that are material to the resistance of or defense of against any such claim charge or suitsuits for infringement covered by this Clause 13; (iii) refrain from admitting any liability or making any payment payment, or assuming any expenses, damages, costs or royalties royalties, or otherwise acting in a manner prejudicial to the defense or denial of such the suit or claim provided always claim, it being agreed that nothing in this sub-Clause (iii13.2.1(iii) shall prevent the Buyer from paying such the sums as (i) that may be required in order to obtain the right to use release of the Aircraft or the allegedly infringing part, software or Other ItemAircraft, provided such that payment is accompanied by a denial of liability and is made without prejudice, or (ii) as required by a final judgment entered against Buyer by a court of competent jurisdiction from which no appeals can be or have been filed; (iv) co-operate fully cooperate with, and render all such assistance to, the Seller as may be pertinent to the defense or denial of the suit or claim provided the same is at no out-of-pocket cost to Buyerclaim; and (v) act in such a way as to mitigate damages and / or and/or to reduce the amount of royalties which that may be payable as well as payable, and act to minimise minimize costs and expenses, but in each case only to the extent that doing so would not materially adversely affect the Buyer’s operations or result in any out-of-pocket costs to Buyer not indemnified by Seller. 13.2.2 The Seller may, upon commitment to the Buyer in writing that it will indemnify the Buyer as provided herein, assume and conduct the defense or settlement of any claim or suit in the manner that, in the Seller’s opinion, the Seller deems proper. In that event, the Seller shall be entitled either in its own name or on behalf of the Buyer to conduct such defense negotiations with the party or parties alleging infringementinfringement and may assume and conduct the defense or settlement of any suit or claim in the manner that, in the Seller’s opinion, it deems proper. 13.2.3 The Seller’s liability hereunder shall be conditional upon conditioned on the full and timely […***…] compliance by the Buyer with the terms of this Clause 13 and is in lieu of any other liability to the Buyer Buyer, whether express or implied implied, which the Seller might incur at law as a result of any infringement or claim of infringement of any patent or copyright. AVA - A320 Family PA AMENDED AND RESTATED […***…] THE INDEMNITY PROVIDED IN THIS CLAUSE 13 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY HAL – X000 XX0-00 XXX X000 XX - XX0 Miscellaneous *** Confidential Treatment Requested ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRFRAME, PART OR SOFTWARE INSTALLED THEREIN AT DELIVERY, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL SHALL REMAIN IN FULL FORCE AND EFFECT. THIS INDEMNITY AGAINST PATENT AND COPYRIGHT INFRINGEMENTS WILL SHALL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER.. UNQUOTE

Administration of Patent and Copyright Indemnity Claims. 13.2.1 If the Buyer receives a written claim or a suit is threatened or commenced against the Buyer for infringement of a patent or copyright referred to in Clause 13.1, the Buyer shall: (i) promptly forthwith notify the Seller following the Buyer receiving notice of the same, giving particulars thereof to the extent known by the Buyerthereof; (ii) upon the Seller’s request, furnish to the Seller all data, papers and records within the Buyer’s 's control or possession relating to the defense of such claim patent or suitclaim; (iii) refrain from admitting any liability or making any payment or assuming any expenses, damages, costs or royalties or otherwise acting in a manner prejudicial to the defense or denial of such suit or claim provided always that nothing in this sub-Clause (iii) shall prevent the Buyer from paying such sums as may be required in order to obtain the right to use release of the Aircraft or the allegedly infringing part, software or Other ItemAircraft, provided such payment is accompanied by a denial of liability and is made without prejudice; (iv) fully co-operate with, and render all such assistance to, the Seller as may be pertinent to the defense or denial of the suit or claim provided the same is at no out-of-pocket cost to Buyer; andclaim; (v) act in such a way as to mitigate damages and / or to reduce the amount of royalties which may be payable as well as to minimise costs and expenses, but in each case only to the extent that doing so would not materially adversely affect the Buyer’s operations or result in any out-of-pocket costs to Buyer not indemnified by Seller. 13.2.2 The Seller may, upon commitment to the Buyer in writing that it will indemnify the Buyer as provided herein, assume and conduct the defense or settlement of any claim or suit in the manner that, in the Seller’s opinion, the Seller deems proper. In that event, the Seller shall be entitled either in its own name or on behalf of the Buyer to conduct such defense negotiations with the party or parties alleging infringementinfringement and may assume and conduct the defense or settlement of any suit or claim in the manner which, in the Seller's opinion, it deems proper. 13.2.3 The Seller’s 's liability hereunder shall be conditional upon the full strict and timely compliance by the Buyer with the terms of this Clause 13 and is in lieu of any other liability to the Buyer express or implied which the Seller might incur at law as a result of any infringement or claim of infringement of any patent or copyright. AVA - A320 Family PA AMENDED AND RESTATED THE INDEMNITY PROVIDED IN THIS CLAUSE 13 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRFRAME, PART OR SOFTWARE INSTALLED THEREIN AT DELIVERY, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS INDEMNITY AGAINST PATENT AND COPYRIGHT INFRINGEMENTS WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER.

Administration of Patent and Copyright Indemnity Claims. 13.2.1 If the Buyer receives a written claim or a suit is threatened or commenced begun against the Buyer for infringement of a patent or copyright subject to indemnity under this Clause 13 referred to in Clause 13.1, the Buyer shall:will (i) promptly promptly, after becoming aware thereof notify the Seller following the Buyer receiving notice of the sameSeller, giving particulars thereof to the extent known by the Buyerthereof; (ii) upon the Seller’s request, furnish to the Seller all data, papers and records within the Buyer’s control or possession relating to such claim; ***** Confidential portions of the defense of such claim or suit;material have been omitted and filed separately with the Securities and Exchange Commission. Spirit Airlines - A320 FAMILY – PA 48 (iii) refrain from admitting any liability or making any payment payment, or assuming any expenses, damages, costs or royalties royalties, or otherwise acting in a manner prejudicial to the defense or denial of such the suit or claim provided always claim, it being agreed that nothing in this sub-Clause (iii13.2.1(iii) shall will prevent the Buyer from paying such the sums as that may be required in order to obtain the right to use release of the Aircraft or the allegedly infringing part, software or Other ItemAircraft, provided such that payment is accompanied by a denial of liability and is made without prejudice; (iv) co-operate at the expense of Seller, fully cooperate with, and render all such reasonable assistance to, the Seller as may be pertinent to the defense or denial of the suit or claim provided the same is at no out-of-pocket cost to Buyer; andclaim; (v) to the extent commercially reasonable, act in such a way as to mitigate damages and / or and/or to reduce the amount of royalties which that may be payable as well as payable, and act to minimise minimize costs and expenses, but in each case only to the extent that doing so would not materially adversely affect the Buyer’s operations or result in any out-of-pocket costs to Buyer not indemnified by Seller. 13.2.2 The Seller may, upon commitment to the Buyer in writing that it will indemnify the Buyer as provided herein, assume and conduct the defense or settlement of any claim or suit in the manner that, in the Seller’s opinion, the Seller deems proper. In that event, the Seller shall be entitled either in its own name or on behalf of the Buyer to conduct such defense negotiations with the party or parties alleging infringementinfringement and may assume and conduct the defense or settlement of any suit or claim in the manner that, in the Seller’s reasonable opinion, it deems proper. Buyer may participate, at its own expense, with Seller in the defense or appeal of any such suit, claim, or judgment; provided, however, that Seller retain sole control and authority regarding any such defense, compromise, settlement, appeal, or similar action, as set forth in this Clause 13.2.2. 13.2.3 The Seller’s liability hereunder shall will be conditional upon on the full substantial and timely compliance by the Buyer with the terms of this Clause 13 and is in lieu of any other liability to the Buyer Buyer, whether express or implied implied, which the Seller might incur at law as a result of any infringement or claim of infringement of any patent or copyright. AVA UNQUOTE ***** ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. Spirit Airlines - A320 Family FAMILY – PA AMENDED AND RESTATED THE INDEMNITY PROVIDED IN THIS CLAUSE 13 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRFRAME, PART OR SOFTWARE INSTALLED THEREIN AT DELIVERY, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS INDEMNITY AGAINST PATENT AND COPYRIGHT INFRINGEMENTS WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER.49

Administration of Patent and Copyright Indemnity Claims. 13.2.1 If the Buyer receives a written claim or a suit is threatened or commenced begun against the Buyer for infringement of a patent or copyright referred to in Clause 13.1, the Buyer shall:will (i) promptly forthwith notify the Seller following the Buyer receiving notice of the sameSeller, giving particulars thereof to the extent known by the Buyerthereof; (ii) upon the Seller’s request, furnish to the Seller all data, papers and records within the Buyer’s control or possession relating to the defense of such claim patent or suitclaim; (iii) refrain from admitting any liability or making any payment payment, or assuming any expenses, damages, costs or royalties royalties, or otherwise acting in a manner prejudicial to the defense or denial of such the suit or claim provided always claim, it being agreed that nothing in this sub-Clause (iii13.2.1(iii) shall will prevent the Buyer from paying such the sums as that may be required in order to obtain the right to use release of the Aircraft or the allegedly infringing part, software or Other ItemAircraft, provided such that payment is accompanied by a denial of liability and is made without prejudice; (iv) co-operate fully cooperate with, and render all such assistance to, the Seller as may be pertinent to the defense or denial of the suit or claim provided the same is at no out-of-pocket cost to Buyerclaim; and (v) act in such a way as to mitigate damages and / or and/or to reduce the amount of royalties which that may be payable as well as payable, and act to minimise minimize costs and expenses, but in each case only to the extent that doing so would not materially adversely affect the Buyer’s operations or result in any out-of-pocket costs to Buyer not indemnified by Seller. 13.2.2 The Seller may, upon commitment to the Buyer in writing that it will indemnify the Buyer as provided herein, assume and conduct the defense or settlement of any claim or suit in the manner that, in the Seller’s opinion, the Seller deems proper. In that event, the Seller shall be entitled either in its own name or on behalf of the Buyer to conduct such defense negotiations with the party or parties alleging infringementinfringement and may assume and conduct the defense or settlement of any suit or claim in the manner that, in the Seller’s opinion, it deems proper. 13.2.3 The Seller’s liability hereunder shall will be conditional upon conditioned on the full strict and timely compliance by the Buyer with the terms of this Clause 13 and is in lieu of any other liability to the Buyer Buyer, whether express or implied implied, which the Seller might incur at law as a result of any infringement or claim of infringement of any patent or copyright. AVA - A320 Family PA AMENDED AND RESTATED THE INDEMNITY PROVIDED IN THIS CLAUSE 13 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND CT1706024 – Amended and Restated X000-000 Xxxxxxxx Agreement – execution version AIRBUS S.A.S. & UNITED AIRLINES, INC. – PROPRIETARY AND CONFIDENTIAL 52 LIABILITIES ON THE PART OF THE SELLER AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRFRAME, PART OR SOFTWARE INSTALLED THEREIN AT DELIVERY, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS INDEMNITY AGAINST PATENT AND COPYRIGHT INFRINGEMENTS WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER.. 14 - TECHNICAL DATA AND SOFTWARE SERVICES

Administration of Patent and Copyright Indemnity Claims. 13.2.1 If the Buyer receives a written claim or a suit is threatened or commenced against the Buyer for infringement of a patent or copyright referred to in Clause 13.1, the Buyer shall: (i) promptly forthwith notify the Seller following the Buyer receiving notice of the same, giving particulars thereof to the extent known by the Buyerthereof; (ii) upon the Seller’s request, furnish to the Seller all data, papers and records within the Buyer’s 's control or possession relating to the defense of such claim patent or suitclaim; (iii) refrain from admitting any liability or making any payment or assuming any expenses, damages, costs or royalties or otherwise acting in a manner prejudicial to the defense or denial of such suit or claim provided always that nothing in this sub-Clause (iii) shall prevent the Buyer from paying such sums as may be required in order to obtain the right to use release of the Aircraft or the allegedly infringing part, software or Other ItemAircraft, provided such payment is accompanied by a denial of liability and is made without prejudice; (iv) fully co-operate with, and render all such assistance to, the Seller as may be pertinent to the defense or denial of the suit or claim provided the same is at no out-of-pocket cost to Buyer; and; (v) act in such a way as to mitigate damages and / or to reduce the amount of royalties which may be payable as well as to minimise costs and expenses, but in each case only to the extent that doing so would not materially adversely affect the Buyer’s operations or result in any out-of-pocket costs to Buyer not indemnified by Seller. 13.2.2 The Seller may, upon commitment to the Buyer in writing that it will indemnify the Buyer as provided herein, assume and conduct the defense or settlement of any claim or suit in the manner that, in the Seller’s opinion, the Seller deems proper. In that event, the Seller shall be entitled either in its own name or on behalf of the Buyer to conduct such defense negotiations with the party or parties alleging infringementinfringement and may assume and conduct the defense or settlement of any suit or claim in the manner which, in the Seller's opinion, it deems proper. 13.2.3 The Seller’s 's liability hereunder shall be conditional upon the full strict and timely compliance by the Buyer with the terms of this Clause 13 and is in lieu of any other liability to the Buyer express or implied which the Seller might incur at law as a result of any infringement or claim of infringement of any patent or copyright. AVA - A320 Family PA AMENDED AND RESTATED THE INDEMNITY PROVIDED IN THIS CLAUSE 13 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRFRAME, PART OR SOFTWARE INSTALLED THEREIN AT DELIVERY, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS INDEMNITY AGAINST PATENT AND COPYRIGHT INFRINGEMENTS WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER.

Administration of Patent and Copyright Indemnity Claims. 13.2.1 If the Buyer receives a written claim or a suit is threatened or commenced against the Buyer for infringement of a patent or copyright referred to in Clause 13.1, the Buyer shall: (i) promptly forthwith notify the Seller following the Buyer receiving notice of the same, giving particulars thereof to the extent known by the Buyerthereof; (ii) upon the Seller’s request, furnish to the Seller all data, papers and records within the Buyer’s control or possession relating to the defense of such claim patent or suitclaim; (iii) refrain from admitting any liability or making any payment or assuming any expenses, damages, costs or royalties or otherwise acting in a manner prejudicial to the defense or denial of such suit or claim provided always that nothing in this sub-Clause (iii) shall prevent the Buyer from paying such sums as may be required in order to obtain the right to use release of the Aircraft or the allegedly infringing part, software or Other ItemAircraft, provided such payment is accompanied by a denial of liability and is made without prejudice; (iv) at Sellers expense, fully co-operate with, and render all such assistance to, the Seller as may be pertinent to the defense or denial of the suit or claim provided the same is at no out-of-pocket cost to Buyer; andclaim; (v) to the extent commercially reasonable, act in such a way as to mitigate damages and / or to reduce the amount of royalties which may be payable as well as to minimise costs and expenses, but in each case only to the extent that doing so would not materially adversely affect the Buyer’s operations or result in any out-of-pocket costs to Buyer not indemnified by Seller. 13.2.2 The Seller may, upon commitment to the Buyer in writing that it will indemnify the Buyer as provided herein, assume and conduct the defense or settlement of any claim or suit in the manner that, in the Seller’s opinion, the Seller deems proper. In that event, the Seller shall be entitled either in its own name or on behalf of the Buyer to conduct such defense negotiations with the party or parties alleging infringementinfringement and may assume and conduct the defense or settlement of any suit or claim in the manner which, in the Seller’s opinion, it deems proper. 13.2.3 The Seller’s liability hereunder shall be conditional upon the full strict and timely compliance by the Buyer with the terms of this Clause 13 and is in lieu of any other liability to the Buyer express or implied which the Seller might incur at law as a result of any infringement or claim of infringement of any patent or copyright. AVA - A320 Family PA AMENDED AND RESTATED THE INDEMNITY PROVIDED IN THIS CLAUSE 13 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRFRAME, PART OR SOFTWARE INSTALLED THEREIN AT DELIVERY, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS INDEMNITY AGAINST PATENT AND COPYRIGHT INFRINGEMENTS WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER.

Administration of Patent and Copyright Indemnity Claims. 13.2.1 If the Buyer receives a written claim or a suit is threatened or commenced against the Buyer for infringement of a patent or copyright referred to in Clause 13.1, the Buyer shallshall : (i) promptly notify the Seller following the Buyer receiving notice of the same, giving particulars thereof to the extent known by the Buyerthereof; (ii) upon in so far as is permitted by law and by the Seller’s request, regulatory authorities furnish to the Seller all data, papers and records within the Buyer’s 's control or possession relating to the defense of such claim patent or suitclaim; (iii) refrain from admitting any liability or making any payment or assuming any expenses, damages, costs or royalties or otherwise acting in a manner prejudicial to the defense defence or denial of such suit or claim provided always that nothing in this sub-Clause (iii) shall prevent the Buyer from paying such sums as may be required in order to obtain the right to use release of the Aircraft or the allegedly infringing part, software or Other ItemAircraft, provided such payment is accompanied by a denial of liability and is made without prejudice; (iv) fully co-operate with, and render all such reasonable assistance to, to the Seller as may be reasonably requested by the Seller and as may be pertinent to the defense defence or denial of the suit or claim provided the same is at no out-of-pocket cost to Buyer; and; (v) reasonably act in such a way as to mitigate damages and / or and/or to reduce the amount of royalties which may be payable as well as to minimise costs and expenses, but in each case only to the extent that doing so would not materially adversely affect expenses as far as may be reasonably expected from the Buyer’s operations or result in any out-of-pocket costs to Buyer not indemnified by Seller. 13.2.2 The Seller may, upon commitment to the Buyer in writing that it will indemnify the Buyer as provided herein, assume and conduct the defense or settlement of any claim or suit in the manner that, in the Seller’s opinion, the Seller deems proper. In that event, the Seller shall be entitled either in its own name or on behalf of the Buyer at the Seller's sole cost and expense to conduct such defense negotiations with the party or parties alleging infringementinfringement and may assume and conduct the defence or settlement of any suit or claim in the manner which, in the Seller's opinion, it deems proper. The Buyer may engage its own legal advisers at its own cost to monitor such proceedings on the Buyer's behalf, provided however that such advisers shall not intervene or interfere in any way with the Seller's conduct of the defence or settlement. 13.2.3 The Seller’s 's liability hereunder shall be conditional upon the full strict and timely compliance by the Buyer with the terms of this Clause 13 and is in lieu of any other liability to the Buyer express or implied which the Seller might incur at law as a result of any infringement or claim of infringement of any patent or copyright. AVA - A320 Family PA AMENDED AND RESTATED THE INDEMNITY PROVIDED IN THIS CLAUSE 13 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRFRAME, PART OR SOFTWARE INSTALLED THEREIN AT DELIVERY, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS INDEMNITY AGAINST PATENT AND COPYRIGHT INFRINGEMENTS WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER.

Administration of Patent and Copyright Indemnity Claims. 13.2.1 If the Buyer receives a written claim or a suit is threatened or commenced against the Buyer for infringement of a patent or copyright referred to in Clause 13.1, the Buyer shall: (i) promptly forthwith notify the Seller following the Buyer receiving notice of the same, giving particulars thereof to the extent known by the Buyerthereof; (ii) upon in so far as permitted by law and the Seller’s requestregulatory authorities having jurisdiction over the Buyer, furnish to the Seller all data, papers and records within the Buyer’s control or possession relating to the defense of such claim patent or suitclaim; (iii) refrain from admitting any liability or making any payment or assuming any expenses, damages, costs or royalties or otherwise acting in a manner prejudicial to the defense or denial of such suit or claim provided always that nothing in this sub-Clause (iii) shall prevent the Buyer from paying such sums as may be required in order to obtain the right to use release of the Aircraft or the allegedly infringing part, software or Other Itemrelevant Aircraft, provided such payment is accompanied by a denial of liability and is made without prejudice; (iv) [***] fully co-operate with, and render all such assistance to, the Seller as may be pertinent to the defense or denial of the suit or claim provided the same is at no out-of-pocket cost to Buyer; andclaim; (v) act in such a way as to [***] mitigate damages and / or to reduce the amount of royalties which may be payable as well as to minimise costs and expenses, but in each case only to the extent that doing so would not materially adversely affect the Buyer’s operations or result in any out-of-pocket costs to Buyer not indemnified by Seller. 13.2.2 The Seller may, upon commitment to the Buyer in writing that it will indemnify the Buyer as provided herein, assume and conduct the defense or settlement of any claim or suit in the manner that, in the Seller’s opinion, the Seller deems proper. In that event, the Seller shall be entitled either in its own name or on behalf of the Buyer to conduct such defense negotiations with the party or parties alleging infringement. 13.2.3 The infringement and may assume and conduct the defense or settlement of any suit or claim in the manner which, in the Seller’s liability hereunder shall be conditional upon the full and timely compliance opinion, it deems proper. [***] Confidential treatment requested by the Buyer with the terms of this Clause 13 and is in lieu of any other liability to the Buyer express or implied which the Seller might incur at law as a result of any infringement or claim of infringement of any patent or copyright. AVA - A320 Family PA AMENDED AND RESTATED THE INDEMNITY PROVIDED IN THIS CLAUSE 13 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRFRAME, PART OR SOFTWARE INSTALLED THEREIN AT DELIVERY, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS INDEMNITY AGAINST PATENT AND COPYRIGHT INFRINGEMENTS WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER.AerCap Holdings N.V.

Administration of Patent and Copyright Indemnity Claims. 13.2.1 If the Buyer receives a written claim or a suit is threatened or commenced against the Buyer for infringement of a patent or copyright referred to in Clause 13.1, the Buyer shall: (i) promptly forthwith notify the Seller following the Buyer receiving notice of the same, giving particulars thereof to the extent known by the Buyerthereof; (ii) upon the Seller’s request, furnish to the Seller all data, papers and records within the Buyer’s control or possession relating to such patent or claim; [*****] Confidential material redacted and filed separately with the defense of such claim or suit;Securities and Exchange Commission. AZU A320 NEO PA Reference CT1307022 (iii) refrain from admitting any liability or making any payment or assuming any expenses, damages, costs or royalties or otherwise acting in a manner prejudicial to the defense or denial of such suit or claim provided always that nothing in this sub-Clause (iii) shall prevent the Buyer from paying such sums as may be required in order to obtain the right to use release of the Aircraft or the allegedly infringing part, software or Other ItemAircraft, provided such payment is accompanied by a denial of liability and is made without prejudice; (iv) fully co-operate with, and at the reasonable cost and expense of the Seller render all such assistance to, the Seller as may be pertinent to the defense or denial of the suit or claim provided the same is at no out-of-pocket cost to Buyer; andclaim; (v) at the reasonable cost and expense of the Seller, act in such a way as to mitigate damages and / or to reduce the amount of royalties which may be payable as well as to minimise costs and expenses, but in each case only to the extent that doing so would not materially adversely affect the Buyer’s operations or result in any out-of-pocket costs to Buyer not indemnified by Seller. 13.2.2 The Seller may, upon commitment to the Buyer in writing that it will indemnify the Buyer as provided herein, assume and conduct the defense or settlement of any claim or suit in the manner that, in the Seller’s opinion, the Seller deems proper. In that event, the Seller shall be entitled either in its own name or on behalf of the Buyer to conduct such defense negotiations with the party or parties alleging infringementinfringement and may assume and conduct the defense or settlement of any suit or claim in the manner which, in the Seller’s reasonable opinion, it deems proper. 13.2.3 The Seller’s liability hereunder shall be conditional upon the full and timely compliance by the Buyer with the terms of this Clause 13 and is in lieu of any other liability to the Buyer express or implied which the Seller might incur at law as a result of any infringement or claim of infringement of any patent or copyright. AVA - A320 Family PA AMENDED AND RESTATED THE INDEMNITY PROVIDED IN THIS CLAUSE 13 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRFRAME, PART OR SOFTWARE INSTALLED THEREIN AT DELIVERY, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS INDEMNITY AGAINST PATENT AND COPYRIGHT INFRINGEMENTS WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER.

Administration of Patent and Copyright Indemnity Claims. 13.2.1 13.3.1 If the Buyer receives a written claim or a suit is threatened or commenced begun against the Buyer for infringement of a patent or copyright referred to in Clause 13.1, the Buyer shall:will (i) promptly forthwith notify the Seller following the Buyer receiving notice of the sameSeller, giving particulars thereof to the extent known by the Buyerthereof; (ii) upon the Seller’s request, furnish to the Seller all data, papers and records within the Buyer’s control or possession relating to the defense of such claim patent or suitclaim; (iii) refrain from admitting any liability or making any payment payment, or assuming any expenses, damages, costs or royalties royalties, or otherwise acting in a manner prejudicial to the defense or denial of such the suit or claim provided always claim, it being agreed that nothing in this sub-Clause (iii13.2.1(iii) shall will prevent the Buyer from paying such the sums as that may be required in order to obtain the right to use release of the Aircraft or the allegedly infringing part, software or Other ItemAircraft, provided such that payment is accompanied by a denial of liability and is made without prejudice; (iv) co-operate fully cooperate with, and render all such assistance to, the Seller as may be pertinent to the defense or denial of the suit or claim provided the same is at no out-of-pocket cost to Buyerclaim; and (v) act in such a way as to *** mitigate damages and / or and/or to reduce the amount of royalties which that may be payable as well as to minimise payable, and minimize costs and expenses. CT1706024 – Amended and Restated X000-000 Xxxxxxxx Agreement – execution version AIRBUS S.A.S. & UNITED AIRLINES, but in each case only to the extent that doing so would not materially adversely affect the Buyer’s operations or result in any outINC. – PROPRIETARY AND CONFIDENTIAL LA9-of-pocket costs to Buyer not indemnified by Seller.16 13.2.2 13.3.2 The Seller may, upon commitment to the Buyer in writing that it will indemnify the Buyer as provided herein, assume and conduct the defense or settlement of any claim or suit in the manner that, in the Seller’s opinion, the Seller deems proper. In that event, the Seller shall be entitled either in its own name or on behalf of the Buyer to conduct such defense negotiations with the party or parties alleging infringementinfringement and may assume and conduct the defense or settlement of any suit or claim in the manner that, in the Seller’s opinion, it deems proper, ***. 13.2.3 13.3.3 The Seller’s liability hereunder shall will be conditional upon conditioned on the full strict and timely compliance by the Buyer with the terms of this Clause 13 and is in lieu of any other liability to the Buyer Buyer, whether express or implied implied, which the Seller might incur at law as a result of any infringement or claim of infringement of any patent or copyright. AVA - A320 Family PA AMENDED AND RESTATED THE INDEMNITY PROVIDED IN THIS CLAUSE 13 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRFRAME, PART OR SOFTWARE INSTALLED THEREIN AT DELIVERY, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS INDEMNITY AGAINST PATENT AND COPYRIGHT INFRINGEMENTS WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER.

Administration of Patent and Copyright Indemnity Claims. 13.2.1 If the Buyer receives a written claim or a suit is threatened or commenced begun against the Buyer for infringement of a patent or copyright referred which the Buyer will seek indemnity from the Seller pursuant to in Clause 13.1, the Buyer shall:will (i) promptly forthwith notify the Seller following the Buyer receiving notice of the sameSeller, giving particulars thereof to the extent known by the Buyerthereof; (ii) upon the Seller’s request, furnish to the Seller all relevant data, papers and records within the Buyer’s control or possession relating to the defense of such claim patent or suitclaim; (iii) refrain from admitting any liability or making any payment or assuming any expenses, damages, costs or royalties or otherwise acting in a manner prejudicial to the defense or denial of such the suit or claim provided always claim, (iv) except as required by applicable law (including but not limited to applicable regulations) refrain from making any payment, or assuming any expenses, damages, costs or royalties, it being agreed that nothing in this sub-Clause (iii13.2.1(iv) shall will prevent the Buyer from paying such the sums as that may be required in order to obtain the right to use release of the Aircraft or the allegedly infringing part, software or Other ItemAircraft, provided such that payment is accompanied by a denial of liability and is made without prejudice; (ivv) co-operate fully cooperate with, and render all such assistance to, the Seller at the Seller’s expense, as may be pertinent to the defense or denial of the suit or claim provided the same is at no out-of-pocket cost to Buyer; and; (vvi) act in such a way as reasonably cooperate with the Seller to mitigate damages and / or and/or to reduce the amount of royalties which that may be payable as well as payable, and act to minimise minimize costs and expenses, but in each case only to the extent that doing so would not materially adversely affect the Buyer’s operations or result in any out-of-pocket costs to Buyer not indemnified by Seller. 13.2.2 The Seller may, upon commitment to the Buyer in writing that it will indemnify the Buyer as provided herein, assume and conduct the defense or settlement of any claim or suit in the manner that, in the Seller’s opinion, the Seller deems proper. In that event, the Seller shall be entitled either in its own name or on behalf of the Buyer to conduct such defense negotiations with the party or parties alleging infringementinfringement and may [***]. 13.2.3 The Seller’s liability hereunder shall will be conditional upon [***] to the full and timely compliance extent that [***] by the Buyer Buyer’s failure to comply with the terms of this Clause 13 and Clause. The Seller’s liability hereunder is in lieu of any other liability to the Buyer Buyer, whether express or implied implied, which the Seller might incur at law as a result of any infringement or claim of infringement of any patent or copyright. AVA - A320 Family PA AMENDED AND RESTATED THE INDEMNITY PROVIDED IN THIS CLAUSE . 13.2.4 The provisions of this Clause 13 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRFRAME, PART OR SOFTWARE INSTALLED THEREIN AT DELIVERY, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS INDEMNITY AGAINST PATENT AND COPYRIGHT INFRINGEMENTS WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYERwill survive any termination of this Agreement.

Administration of Patent and Copyright Indemnity Claims. 13.2.1 If the Buyer receives a written claim or a suit is threatened or commenced against the Buyer for infringement of a patent or copyright referred to in Clause 13.1, the Buyer shall: (i) promptly forthwith notify the Seller following the Buyer receiving notice of the same, giving particulars thereof to the extent known by the Buyerthereof; (ii) upon the Seller’s request, furnish to the Seller all data, papers and records within the Buyer’s control or possession relating to the defense of such claim patent or suitclaim; (iii) refrain from admitting any liability or making any payment or assuming any expenses, damages, costs or royalties or otherwise acting in a manner prejudicial to the defense or denial of such suit or claim provided always that nothing in this sub-Clause (iii) shall prevent the Buyer from paying such sums as may be required in order to obtain the right to use release of the Aircraft or the allegedly infringing part, software or Other ItemAircraft, provided such payment is accompanied by a denial of liability and is made without prejudice; (iv) fully co-operate with, and render all such assistance to, the Seller as may be pertinent to the defense or denial of the suit or claim provided the same is at no out-of-pocket cost to Buyer; andclaim; (v) act in such a way as to mitigate damages damages, costs and / or to expenses and/or reduce the amount of royalties which may be payable as well as to minimise costs and expenses, but in each case only to the extent that doing so would not materially adversely affect the Buyer’s operations or result in any out-of-pocket costs to Buyer not indemnified by Sellerpayable. 13.2.2 The Seller may, upon commitment to the Buyer in writing that it will indemnify the Buyer as provided herein, assume and conduct the defense or settlement of any claim or suit in the manner that, in the Seller’s opinion, the Seller deems proper. In that event, the Seller shall be entitled either in its own name or on behalf of the Buyer to conduct such defense negotiations with the party or parties alleging infringementinfringement and may assume and conduct the defense or settlement of any suit or claim in the manner which, in the Seller’s opinion, it deems proper. 13.2.3 The Seller’s liability hereunder shall be conditional upon the full strict and timely compliance by the Buyer with the terms of this Clause 13 and is in lieu of any other liability to the Buyer express or implied which the Seller might incur at law as a result of any infringement or claim of infringement of any patent or copyright. AVA - A320 [***] [***] Represents material which has been redacted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment pursuant to Rule 406 under the Securities Act of 1933, as amended CT1307579 A320neo Family PA AMENDED AND RESTATED THE INDEMNITY PROVIDED IN THIS CLAUSE – March 2015 Clause 13 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRFRAME, PART OR SOFTWARE INSTALLED THEREIN AT DELIVERY, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS INDEMNITY AGAINST PATENT AND COPYRIGHT INFRINGEMENTS WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER.- Page 48 of 246

Administration of Patent and Copyright Indemnity Claims. 13.2.1 If the Buyer receives a written claim or a suit is threatened or commenced begun against the Buyer for infringement of a patent or copyright referred to in Clause 13.1, the Buyer shall: (i) promptly forthwith notify the Seller following the Buyer receiving notice of the sameSeller, giving particulars thereof to the extent known by the Buyerthereof; (ii) upon the Seller’s request, furnish to the Seller all data, papers and records within the Buyer’s 's control or possession relating that are material to the resistance of or defense of against any such claim charge or suitsuits for infringement covered by this Clause 13; (iii) refrain from admitting any liability or making any payment payment, or assuming any expenses, damages, costs or royalties royalties, or otherwise acting in a manner prejudicial to the defense or denial of such the suit or claim provided always claim, it being agreed that nothing in this sub-Clause (iii13.2.1(iii) shall prevent the Buyer from paying such the sums as (i) that may be required in order to obtain the right to use release of the Aircraft or the allegedly infringing part, software or Other ItemAircraft, provided such that payment is accompanied by a denial of liability and is made without prejudice, or (ii) as required by a final judgment entered against Buyer by a court of competent jurisdiction from which no appeals can be or have been filed; (iv) co-operate fully cooperate with, and render all such assistance to, the Seller as may be pertinent to the defense or denial of the suit or claim provided the same is at no out-of-pocket cost to Buyerclaim; and (v) act in such a way as to mitigate damages and / or and/or to reduce the amount of royalties which that may be payable as well as payable, and act to minimise minimize costs and expenses, but in each case only to the extent that doing so would not materially adversely affect the Buyer’s operations or result in any out-of-pocket costs to Buyer not indemnified by Seller. 13.2.2 The Seller may, upon commitment to the Buyer in writing that it will indemnify the Buyer as provided herein, assume and conduct the defense or settlement of any claim or suit in the manner that, in the Seller’s opinion, the Seller deems proper. In that event, the Seller shall be entitled either in its own name or on behalf of the Buyer to conduct such defense negotiations with the party or parties alleging infringementinfringement and may assume and conduct the defense or settlement of any suit or claim in the manner that, in the Seller's opinion, it deems proper. 13.2.3 The Seller’s 's liability hereunder shall be conditional upon conditioned on the full and timely [**] compliance by the Buyer with the terms of this Clause 13 and is in lieu of any other liability to the Buyer Buyer, whether express or implied implied, which the Seller might incur at law as a result of any infringement or claim of infringement of any patent or copyright. AVA [**] HAL - A320 Family A330/A330neo PA AMENDED AND RESTATED LA4-28 HAL_CT1400220_A&R LA4 Miscellaneous.docx [**] - Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. Confidential THE INDEMNITY PROVIDED IN THIS CLAUSE 13 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRFRAME, PART OR SOFTWARE INSTALLED THEREIN AT DELIVERY, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL SHALL REMAIN IN FULL FORCE AND EFFECT. THIS INDEMNITY AGAINST PATENT AND COPYRIGHT INFRINGEMENTS WILL SHALL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER.. UNQUOTE

Administration of Patent and Copyright Indemnity Claims. 13.2.1 If the Buyer receives a written claim or a suit is threatened or commenced against the Buyer for infringement of a patent or copyright referred to in Clause 13.1, the Buyer shall: (i) promptly forthwith notify the Seller following the Buyer receiving notice of the same, giving particulars thereof to the extent known by the Buyerthereof; (ii) upon the Seller’s request, furnish to the Seller all data, papers and records within the Buyer’s control or possession relating to the defense of such claim patent or suitclaim; (iii) refrain from admitting any liability or making any payment or assuming any expenses, damages, costs or royalties or otherwise acting in a manner prejudicial to the defense or denial of such suit or claim provided always that nothing in this sub-Clause (iii) shall prevent the Buyer from paying such sums as may be required in order to obtain the right to use release of the Aircraft or the allegedly infringing part, software or Other ItemAircraft, provided such payment is accompanied by a denial of liability and is made without prejudice; (iv) fully co-operate with, and render all such assistance to, the Seller as may be pertinent to the defense or denial of the suit or claim provided the same is at no out-of-pocket cost to Buyer; andclaim; (v) act in such a way as to mitigate damages and / or to reduce the amount of royalties which may be payable as well as to minimise costs and expenses, but in each case only to the extent that doing so would not materially adversely affect the Buyer’s operations or result in any out-of-pocket costs to Buyer not indemnified by Seller. 13.2.2 The Seller may, upon commitment to the Buyer in writing that it will indemnify the Buyer as provided herein, assume and conduct the defense or settlement of any claim or suit in the manner that, in the Seller’s opinion, the Seller deems proper. In that event, the Seller shall be entitled either in its own name or on behalf of the Buyer to conduct such defense negotiations with the party or parties alleging infringementinfringement and may assume and conduct the defense or settlement of any suit or claim in the manner which, in the Seller’s opinion, it deems proper. 13.2.3 The Seller’s liability hereunder shall be conditional upon the full strict and timely compliance by the Buyer with the terms of this Clause 13 and is in lieu of any other liability to the Buyer express or implied which the Seller might incur at law as a result of any infringement or claim of infringement of any patent or copyright. AVA - A320 Family / A330 PA AMENDED AND RESTATED THE INDEMNITY PROVIDED IN THIS CLAUSE 13 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRFRAME, PART OR SOFTWARE INSTALLED THEREIN AT DELIVERY, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS INDEMNITY AGAINST PATENT AND COPYRIGHT INFRINGEMENTS WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER– TAM – 11/2006 “[* * *]” This information is subject to confidential treatment and has been omitted and filed separately with the commission.

Administration of Patent and Copyright Indemnity Claims. 13.2.1 If the Buyer receives a written claim or a suit is threatened or commenced begun against the Buyer for infringement of a patent or copyright referred to in Clause 13.1, the Buyer shall:will (i) promptly forthwith notify the Seller following the Buyer receiving notice of the sameSeller, giving particulars thereof to the extent known by the Buyerthereof; (ii) upon the Seller’s request, furnish to the Seller all data, papers and records within the Buyer’s control or possession relating to the defense of such claim patent or suitclaim; (iii) refrain from admitting any liability or making any payment payment, or assuming any expenses, damages, costs or royalties royalties, or otherwise acting in a manner prejudicial to the defense or denial of such the suit or claim provided always claim, it being agreed that nothing in this sub-Clause (iii13.2.1(iii) shall will prevent the Buyer from paying such the sums as that may be required in order to obtain the right to use release of the Aircraft or the allegedly infringing part, software or Other ItemAircraft, provided such that payment is accompanied by a denial of liability and is made without prejudice; (iv) co-operate fully cooperate with, and render all such assistance to, the Seller as may be pertinent to the defense or denial of the suit or claim provided the same is at no out-of-pocket cost to Buyerclaim; and (v) act in such a way as to mitigate damages and / or and/or to reduce the amount of royalties which that may be payable as well as payable, and act to minimise minimize costs and expenses, but in each case only to the extent that doing so would not materially adversely affect the Buyer’s operations or result in any out-of-pocket costs to Buyer not indemnified by Seller. 13.2.2 The Seller may, upon commitment to the Buyer in writing that it will indemnify the Buyer as provided herein, assume and conduct the defense or settlement of any claim or suit in the manner that, in the Seller’s opinion, the Seller deems proper. In that event, the Seller shall be entitled either in its own name or on behalf of the Buyer to conduct such defense negotiations with the party or parties alleging infringementinfringement and may assume and conduct the defense or settlement of any suit or claim in the manner that, in the Seller’s opinion, it deems proper. 13.2.3 The Seller’s liability hereunder shall will be conditional upon conditioned on the full strict and timely compliance by the Buyer with the terms of this Clause 13 and is in lieu of any other liability to the Buyer Buyer, whether express or implied implied, which the Seller might incur at law as a result of any infringement or claim of infringement of any patent or copyright. AVA - A320 Family PA AMENDED AND RESTATED THE INDEMNITY PROVIDED IN THIS CLAUSE 13 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT *** Confidential Treatment Requested LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRFRAME, PART OR SOFTWARE INSTALLED THEREIN AT DELIVERY, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS INDEMNITY AGAINST PATENT AND COPYRIGHT INFRINGEMENTS WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER.

Administration of Patent and Copyright Indemnity Claims. 13.2.1 If the Buyer receives a written claim or a suit is threatened or commenced begun against the Buyer for infringement of a patent or copyright referred to in Clause 13.1, the Buyer shall:Buyer, at the Seller’s expense (not to include payment for Buyer’s attorney fees or costs, if any) will (i) promptly notify the Seller following the Buyer receiving notice of the sameSeller, giving particulars thereof to the extent known by the Buyerthereof; (ii) upon the Seller’s request, promptly furnish to the Seller all data, papers and records within the Buyer’s control or possession relating to the defense of such claim patent or suitclaim; (iii) refrain from admitting any liability or making any payment payment, or assuming any expenses, damages, costs or royalties royalties, or otherwise acting in a manner prejudicial to the defense or denial of such the suit or claim provided always claim, it being agreed that nothing in this sub-Clause (iii13.2.1(iii) shall will prevent the Buyer from paying such the sums as that may be required in order to obtain the right to use release of the Aircraft or the allegedly infringing part, software or Other ItemAircraft, provided such that payment is accompanied by a denial of liability and is made without prejudice; (iv) co-operate fully cooperate with, and render all such reasonable assistance to, the Seller as may be pertinent to the defense or denial of the suit or claim provided the same is at no out-of-pocket cost to Buyerclaim; and (v) to the extent commercially reasonable act in such a way as to mitigate damages and / or and/or to reduce the amount of royalties which that may be payable as well as payable, and act to minimise minimize costs and expenses, but in each case only to . INTREPID – A330-200F PA - Execution Version – 05/2007 51/134 CONFIDENTIAL AND PROPRIETARY INFORMATION ***** Confidential portions of the extent that doing so would not materially adversely affect material have been omitted and filed separately with the Buyer’s operations or result in any out-of-pocket costs to Buyer not indemnified by SellerSecurities and Exchange Commission. 13.2.2 The Seller may, upon commitment to the Buyer in writing that it will indemnify the Buyer as provided herein, assume and conduct the defense or settlement of any claim or suit in the manner that, in the Seller’s opinion, the Seller deems proper. In that event, the Seller shall be entitled either in its own name or on behalf of the Buyer to conduct such defense negotiations with the party or parties alleging infringementinfringement and shall assume and conduct the defense or settlement of any suit or claim in the manner that, in the Seller’s commercially reasonable opinion, it deems proper, provided however that the Seller shall not be entitled to take any action that has the effect of imposing any cost or liability on the Buyer that is not subject to indemnity by the Seller under this Clause 13. The Buyer may participate, at its own expense, with the Seller in the defense or appeal of any such suit, claim, order, decree or judgment; provided, however, subject to good faith consultations with the Buyer, and the foregoing restrictions, the Seller shall retain control and authority regarding any such defense, compromise, settlement, appeal or similar action as provided in this Clause 13.2.2. 13.2.3 The Seller’s liability hereunder shall will be conditional upon conditioned on the full strict and timely compliance by the Buyer with the terms of this Clause 13 and is in lieu of any other liability to the Buyer Buyer, whether express or implied implied, which the Seller might incur at law as a result of any infringement or claim of infringement of any patent or copyright; provided, however, that no delay by the Buyer in providing any notice to the Seller, or in furnishing any data, papers or records to the Seller, shall relieve Seller of any of its obligations or liabilities under this Clause 13, except to the extent that the Seller is materially and adversely affected by any such delay. AVA - A320 Family PA AMENDED AND RESTATED THE INDEMNITY PROVIDED IN THIS CLAUSE 13 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE COPYRIGHT INFRINGEMENT BY ANY AIRFRAME, PART OR SOFTWARE INSTALLED THEREIN AT DELIVERY, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS INDEMNITY AGAINST PATENT AND COPYRIGHT INFRINGEMENTS WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER. INTREPID – A330-200F PA - Execution Version – 05/2007 52/134 CONFIDENTIAL AND PROPRIETARY INFORMATION ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.

Administration of Patent and Copyright Indemnity Claims. 13.2.1 If the Buyer receives a written claim or a suit is threatened or commenced against the Buyer for infringement of a patent or copyright referred to in Clause 13.1, the Buyer shall:: CSN - A350XWB - Clause 13 Privileged and Confidential (i) promptly forthwith notify the Seller following the Buyer receiving notice of the same, giving particulars thereof to the extent known by the Buyerthereof; (ii) upon the Seller’s request, furnish to the Seller all data, papers and records within the Buyer’s control or possession relating to the defense of such claim patent or suitclaim; (iii) refrain from admitting any liability or making any payment or assuming any expenses, damages, costs or royalties or otherwise acting in a manner prejudicial to the defense or denial of such suit or claim provided always that nothing in this sub-Clause (iii) shall prevent the Buyer from paying such sums as may be required in order to obtain the right to use release of the Aircraft or the allegedly infringing part, software or Other ItemAircraft, provided such payment is accompanied by a denial of liability and is made without prejudice; (iv) fully co-operate with, and render all such assistance to, the Seller as may be pertinent to the defense or denial of the suit or claim provided the same is at no out-of-pocket cost to Buyer; andclaim; (v) act in such a way as to mitigate damages and / or to reduce the amount of royalties which may be payable as well as to minimise costs and expenses, but in each case only to the extent that doing so would not materially adversely affect the Buyer’s operations or result in any out-of-pocket costs to Buyer not indemnified by Seller. 13.2.2 The Seller may, upon commitment to the Buyer in writing that it will indemnify the Buyer as provided herein, assume and conduct the defense or settlement of any claim or suit in the manner that, in the Seller’s opinion, the Seller deems proper. In that event, the Seller shall be entitled either in its own name or on behalf of the Buyer to conduct such defense negotiations with the party or parties alleging infringementinfringement and may assume and conduct the defense or settlement of any suit or claim in the manner which, in the Seller’s opinion, it deems proper. 13.2.3 The Seller’s liability hereunder shall be conditional upon the full strict and timely compliance by the Buyer with the terms of this Clause 13 and is in lieu of any other liability to the Buyer express or implied which the Seller might incur at law as a result of any infringement or claim of infringement of any patent or copyright. AVA CSN - A320 Family PA AMENDED AND RESTATED THE INDEMNITY PROVIDED IN THIS CLAUSE A350XWB - Clause 13 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRFRAME, PART OR SOFTWARE INSTALLED THEREIN AT DELIVERY, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS INDEMNITY AGAINST PATENT AND COPYRIGHT INFRINGEMENTS WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER.Privileged and Confidential

Administration of Patent and Copyright Indemnity Claims. 13.2.1 2.2.1 If the Buyer receives a written claim or a suit is threatened or commenced against the Buyer for infringement of a patent or copyright referred to in Clause 13.12.1 (an “IP Claim”), then the Buyer shall: (ia) promptly notify the Seller following the Buyer receiving notice and provide all details of the same, giving particulars thereof to the extent known by the Buyersuch IP Claim; (iib) upon the Seller’s request, furnish provide to the Seller all data, papers data and records within in the Buyer’s possession or under its control or possession relating to the defense of such claim or suitIP Claim; (iiic) refrain from from: (i) admitting any liability or making (or committing to make) any payment or assuming in respect of any expenses, damages, costs or royalties or otherwise in connection with such IP Claim; or (ii) acting in a any manner prejudicial to the defense defence or denial of such suit or claim IP Claim, provided always that nothing in this sub-Clause (iii2.2.1(c) shall prevent the Buyer from paying such sums as may be required in order to obtain the right release of the Aircraft, subject to use the Aircraft or the allegedly infringing part, software or Other Item, provided such payment is being made without prejudice and being accompanied by a denial of liability and is made without prejudiceliability; (ivd) fully co-operate with, with and render all provide such assistance to, the Seller as may be pertinent to requested by the defense or denial of the suit or claim provided the same is at no out-of-pocket cost to BuyerSeller; and (ve) act in such a way as take actions to mitigate damages and / or and/or to reduce the amount of royalties which may be payable as well as to minimise costs and expenses, but in each case only to the extent that doing so would not materially adversely affect the Buyer’s operations or result in any out-of-pocket costs to Buyer not indemnified by Seller. 13.2.2 2.2.2 The Seller may, upon commitment to the Buyer in writing that it will indemnify the Buyer as provided herein, assume and conduct the defense or settlement of any claim or suit in the manner that, in the Seller’s opinion, the Seller deems proper. In that event, the Seller shall be entitled either in its own name or on behalf of the Buyer to conduct such defense negotiations with the party claimant(s) and may assume and conduct the defence or parties alleging infringementsettlement of any IP Claim in the manner which the Seller considers appropriate. 13.2.3 2.2.3 The Seller’s assumption of liability hereunder shall be by the Seller under this Clause 2 is conditional upon the full strict and timely compliance by the Buyer with the terms of this Clause. This Clause 13 sets out the sole and is in lieu exclusive remedies of any other liability to the Buyer express or implied which the Seller might incur at law as a result of with respect to any infringement or claim of alleged infringement of any patent or copyrightcopyright and the Buyer hereby waives and releases any other rights, claims and remedies against the Seller it may have at law, contract or otherwise in respect thereof. AVA - A320 Family PA AMENDED AND RESTATED THE INDEMNITY PROVIDED IN THIS CLAUSE 13 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FORFor the purposes of this Clause 2.2.3, AND THE BUYER HEREBY WAIVESthe “Seller” shall be understood to include the Seller, RELEASES AND RENOUNCES ALL OTHER INDEMNITIESany of its suppliers, WARRANTIESsubcontractors, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRFRAME, PART OR SOFTWARE INSTALLED THEREIN AT DELIVERY, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS INDEMNITY AGAINST PATENT AND COPYRIGHT INFRINGEMENTS WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYERAffiliates and any of their respective insurers.

Administration of Patent and Copyright Indemnity Claims. 13.2.1 If the Buyer receives a written claim or a suit is threatened or commenced against the Buyer for infringement infringeme nt of a patent or copyright referred to in Clause 13.1, the Buyer shallwill: (i) promptly forthwith notify the Seller following the Buyer receiving notice of the same, giving particulars thereof to the extent known by the Buyerthereof; (ii) upon the Seller’s request, furnish to the Seller all data, papers and records within the Buyer’s control or possession relating to the defense of such claim patent or suitclaim; (iii) refrain from admitting any liability or making any payment or assuming any expenses, damages, costs or royalties or otherwise acting in a manner prejudicial to the defense or denial of such suit or claim provided always that nothing in this sub-Clause (iii) shall will prevent the Buyer from paying such sums as may be required in order to obtain the right to use release of the Aircraft or the allegedly infringing part, software or Other ItemAircraft, provided such payment is accompanied by a denial of liability and is made without prejudice; (iv) fully co-operate with, and render all such assistance to, the Seller as may be pertinent to the defense or denial of the suit or claim provided the same is at no out-of-pocket cost to Buyer; andclaim; (v) act in such a way as to mitigate damages damages, costs and expenses and / or to reduce the amount of royalties which may be payable as well as to minimise costs and expenses, but in each case only to the extent that doing so would not materially adversely affect the Buyer’s operations or result in any out-of-pocket costs to Buyer not indemnified by Sellerpayable. 13.2.2 The Seller may, upon commitment to the Buyer in writing that it will indemnify the Buyer as provided herein, assume and conduct the defense or settlement of any claim or suit in the manner that, in the Seller’s opinion, the Seller deems proper. In that event, the Seller shall be entitled either in its own name or on behalf of the Buyer to conduct such defense negotiations with the party or parties alleging infringementinfringement and may assume and conduct the defense or settlement of any suit or claim in the manner which, in the Seller’s opinion, it deems proper. 13.2.3 The Seller’s liability hereunder shall will be conditional upon the full strict and timely compliance by the Buyer with the terms of this Clause 13 and is in lieu of any other liability to the Buyer express or implied which the Seller might incur at law as a result of any infringement or claim of infringement of any patent or copyright. AVA - A320 Family PA AMENDED AND RESTATED THE INDEMNITY PROVIDED IN THIS CLAUSE 13 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRFRAME, PART OR SOFTWARE INSTALLED THEREIN AT DELIVERY, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS INDEMNITY AGAINST PATENT AND COPYRIGHT INFRINGEMENTS WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER***** ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.

Administration of Patent and Copyright Indemnity Claims. 13.2.1 If the Buyer receives a written claim or a suit is threatened or commenced against the Buyer for infringement of a patent or copyright referred to in Clause 13.1, the Buyer shall: (i) promptly forthwith notify the Seller following the Buyer receiving notice of the same, giving particulars thereof to the extent known by the Buyerthereof; (ii) upon in so far as permitted by law and the Seller’s requestregulatory authorities having jurisdiction over the Buyer, furnish to the Seller all data, papers and records within the Buyer’s control or possession relating to the defense of such claim patent or suitclaim; (iii) refrain from admitting any liability or making any payment or assuming any expenses, damages, costs or royalties or otherwise acting in a manner prejudicial to the defense or denial of such suit or claim provided always that nothing in this sub-Clause (iii) shall prevent the Buyer from paying such sums as may be required in order to obtain the right to use release of the Aircraft or the allegedly infringing part, software or Other Itemrelevant Aircraft, provided such payment is accompanied by a denial of liability and is made without prejudice; (iv) [***] fully co-operate with, and render all such assistance to, the Seller as may be pertinent to the defense or denial of the suit or claim provided the same is at no out-of-pocket cost to Buyer; and; (v) act in such a way as to [***] mitigate damages and / or to reduce the amount of royalties which may be payable as well as to minimise costs and expenses, but in each case only to the extent that doing so would not materially adversely affect the Buyer’s operations or result in any out-of-pocket costs to Buyer not indemnified by Seller. 13.2.2 The Seller may, upon commitment to the Buyer in writing that it will indemnify the Buyer as provided herein, assume and conduct the defense or settlement of any claim or suit in the manner that, in the Seller’s opinion, the Seller deems proper. In that event, the Seller shall be entitled either in its own name or on behalf of the Buyer to conduct such defense negotiations with the party or parties alleging infringementinfringement and may assume and conduct the defense or settlement of any suit or claim in the manner which, in the Seller’s opinion, it deems proper. 13.2.3 The Seller’s liability hereunder shall be conditional upon the full strict and timely compliance by the Buyer with the terms of this Clause 13 and is in lieu of any other liability to the Buyer express or implied which the Seller might incur at law as a result of any infringement or claim of infringement of any patent or copyright. AVA - A320 Family PA AMENDED AND RESTATED THE INDEMNITY PROVIDED IN THIS CLAUSE 13 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRFRAME, PART OR SOFTWARE INSTALLED THEREIN AT DELIVERY, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS INDEMNITY AGAINST PATENT AND COPYRIGHT INFRINGEMENTS WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER.

Administration of Patent and Copyright Indemnity Claims. 13.2.1 If the Buyer receives a written claim or a suit is threatened or commenced against the Buyer for infringement of a patent or copyright referred to in Clause 13.1, the Buyer shall: (i) promptly forthwith notify the Seller following the Buyer receiving notice of the same, giving particulars thereof to the extent known by the Buyerthereof; (ii) upon the Seller’s request, furnish to the Seller all data, papers and records within the Buyer’s 's control or possession relating to the defense of such claim patent or suitclaim; (iii) refrain from admitting any liability or making any payment or assuming any expenses, damages, costs or royalties or otherwise acting in a manner prejudicial to the defense or denial of such suit or claim provided always that nothing in this sub-Clause (iii) shall prevent the Buyer from paying such sums as may be required in order to obtain the right to use release of the Aircraft or the allegedly infringing part, software or Other ItemAircraft, provided such payment is accompanied by a denial of liability and is made without prejudice; (iv) fully co-operate with, and render all such assistance to, the Seller as may be pertinent to the defense or denial of the suit or claim provided the same is at no out-of-pocket cost to Buyer; andclaim; (v) act in such a way as to mitigate damages and / or to reduce the amount of royalties which may be payable as well as to minimise costs and expenses, but in each case only to the extent that doing so would not materially adversely affect the Buyer’s operations or result in any out-of-pocket costs to Buyer not indemnified by Seller. 13.2.2 The Seller may, upon commitment to the Buyer in writing that it will indemnify the Buyer as provided herein, assume and conduct the defense or settlement of any claim or suit in the manner that, in the Seller’s opinion, the Seller deems proper. In that event, the Seller shall be entitled either in its own name or on behalf of the Buyer to conduct such defense negotiations with the party or parties alleging infringementinfringement and may assume and conduct the defense or settlement of any suit or claim in the manner which, in the Seller's opinion, it deems proper. 13.2.3 The Seller’s 's liability hereunder under this AGTA and/or the relevant Purchase Agreement shall be conditional upon the full strict and timely compliance by the Buyer with the terms of this Clause 13 and is in lieu of any other liability to the Buyer express or implied which the Seller might incur at law as a result of any infringement or claim of infringement of any patent or copyright. AVA - A320 Family PA AMENDED AND RESTATED THE INDEMNITY PROVIDED IN THIS CLAUSE 13 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRFRAME, PART OR SOFTWARE INSTALLED THEREIN AT DELIVERY, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT*** This information is subject to confidential treatment and has been omitted and filed separately with the Commission. THIS INDEMNITY AGAINST PATENT AND COPYRIGHT INFRINGEMENTS WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER.CT0803291 Private & Confidential

Administration of Patent and Copyright Indemnity Claims. 13.2.1 If the Buyer receives a written claim or a suit is threatened or commenced against the Buyer for infringement of a patent or copyright referred to in Clause 13.1, the Buyer shall: (i) promptly forthwith notify the Seller following the Buyer receiving notice of the same, giving particulars thereof to the extent known by the Buyerthereof; (ii) upon the Seller’s request, furnish to the Seller all data, papers and records within the Buyer’s control or possession relating to the defense of such claim patent or suitclaim; (iii) refrain from admitting any liability or making any payment or assuming any expenses, damages, costs or royalties or otherwise acting in a manner prejudicial to the defense or denial of such suit or claim provided always that nothing in this sub-Clause (iii) shall prevent the Buyer from paying such sums as may be required in order to obtain the right to use release of the Aircraft or the allegedly infringing part, software or Other ItemAircraft, provided such payment is accompanied by a denial of liability and is made without prejudice; (iv) fully co-operate with, and render all such assistance to, the Seller as may be pertinent to the defense or denial of the suit or claim provided the same is at no out-of-pocket cost to Buyer; andclaim; (v) act in such a way as to mitigate damages and / or to reduce the amount of royalties which may be payable as well as to minimise costs and expenses, but in each case only to the extent that doing so would not materially adversely affect the Buyer’s operations or result in any out-of-pocket costs to Buyer not indemnified by Seller. 13.2.2 The Seller may, upon commitment to the Buyer in writing that it will indemnify the Buyer as provided herein, assume and conduct the defense or settlement of any claim or suit in the manner that, in the Seller’s opinion, the Seller deems proper. In that event, the Seller shall be entitled either in its own name or on behalf of the Buyer to conduct such defense negotiations with the party or parties alleging infringementinfringement and may assume and conduct the defense or settlement of any suit or claim in the manner which, in the Seller’s opinion, it deems proper. 13.2.3 The Seller’s liability hereunder shall be conditional upon the full strict and timely compliance by the Buyer with the terms of this Clause 13 and is in lieu of any other liability to the Buyer express or implied which the Seller might incur at law as a result of any infringement or claim of infringement of any patent or copyright. AVA - A320 Family PA AMENDED AND RESTATED THE INDEMNITY PROVIDED IN THIS CLAUSE 13 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRFRAME, PART OR SOFTWARE INSTALLED THEREIN AT DELIVERY, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS INDEMNITY AGAINST PATENT AND COPYRIGHT INFRINGEMENTS WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER.A350 XWB – TAM – 12/2007