Common use of Buyer's Indemnification of Boeing Clause in Contracts

Buyer's Indemnification of Boeing. Buyer will indemnify and hold harmless Boeing from and against all claims and liabilities, including costs and expenses (including attorneys' fees) incident thereto or incident to successfully establishing the right to indemnification, for injury to or death of any person or persons, including employees of Buyer but not employees of Boeing, or for loss of or damage to any property, including Aircraft, arising out of or in any way connected with any nonconformance or defect in any SPE and whether or not arising in tort or occasioned in whole or in part by the negligence of Boeing, whether active, passive or imputed. This indemnity will not apply with respect to any nonconformance or defect caused solely by Boeing's installation of the SPE. Very truly yours, THE BOEING COMPANY By /s/ Xxxx X. Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: September 18, 1996 ALASKA AIRLINES By /s/ Xxxxx X. Xxxx Its Senior Vice President Finance 1954-3 Alaska Airlines, Inc. 00000 Xxxxxxx Xxxxxxx Xxxxx Xxxxxxx, Xxxxxxxxxx 00000 Subject: Letter Agreement No. 1954-3 to Purchase Agreement No. 1954 - Option Aircraft This Letter Agreement amends Purchase Agreement No. 1954 dated as of even date herewith (the Agreement) between The Boeing Company (Boeing) and Alaska Airlines, Inc. (Buyer) relating to Model 737-400 aircraft (Aircraft). All terms not defined herein will have the same meaning as in the Agreement. In consideration of Buyer's purchase of the Aircraft, Boeing agrees to manufacture and sell to Buyer up to twelve (12) additional Model 737-400 Aircraft (Option Aircraft) [Confidential Treatment Requested] as described in paragraph 1 of Attachment A hereto, and subject to the terms and conditions set forth below.

Buyer's Indemnification of Boeing. Buyer will indemnify and hold harmless Boeing from and against all claims and liabilities, including costs and expenses (including attorneys' fees) incident thereto or incident to successfully establishing the right to indemnification, for injury to or death of any person or persons, including employees of Buyer but not employees of Boeing, or for loss of or damage to any property, including Aircraft, arising out of or in any way connected with any nonconformance or defect in any SPE and whether or not arising in tort or occasioned in whole or in part by the negligence of Boeing, whether active, passive or imputed. This indemnity will not apply with respect to any nonconformance or defect caused solely by Boeing's installation of the SPE. Very truly yours, THE BOEING COMPANY By /s/ Xxxx X. Xxxxxx David M. Hurt Its Attorney-In-Fact ACCEPTED AND AGREED ACCEPXXX XXX XXXXXD TO as of this Date: September 18May 21, 1996 ALASKA AIRLINES 1998. CONTINENTAL AIRLINES, INC. By /s/ Xxxxx X. Xxxx Brian Davis Its Senior Vice President Finance 19541951-3 Alaska 3R0 Xxx 00, 0998 Continental Airlines, Inc. 00000 Xxxxxxx Xxxxxxx Xxxxx Xxxxxxx2929 Allen Parkway Houston, Xxxxxxxxxx 00000 Texas 77019 Subject: Letter Agreement NoXxxxxx Xxxxxxxxx Xx. 19541951-3 3R2 to Purchase Agreement No. 1954 1951 - Option Aircraft - Model 737-824 Aircraft Ladies and Gentlemen: This Letter Agreement amends Purchase Agreement No. 1954 1951 dated as of even date herewith (the July 23, 1996(the Agreement) between The Boeing Company (Boeing) and Alaska Continental Airlines, Inc. (Buyer) relating to Model 737-400 824 aircraft (the Aircraft). This Letter Agreement supersedes and replaces in its entirety Letter Agreement 1951-3R1 dated October 10, 1996. All terms used and not defined herein will shall have the same meaning as in the Agreement. In consideration of Buyer's purchase of the Aircraft, Boeing hereby agrees to manufacture and sell to Buyer up to twelve (12) additional Model 737-400 Aircraft (Option Aircraft) [Confidential Treatment RequestedCONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT.] to Buyer, on the same terms and conditions set forth in the Agreement, except as otherwise described in paragraph 1 of Attachment A hereto, and subject to the terms and conditions set forth below.

Buyer's Indemnification of Boeing. Buyer will indemnify and hold harmless Boeing from and against all claims and liabilities, including costs and expenses (including attorneys' fees) incident thereto or incident to successfully establishing the right to indemnification, for injury to or death of any person or persons, including employees of Buyer but not employees of Boeing, or for loss of or damage to any property, including Aircraft, arising out of or in any way connected with any nonconformance or defect in any SPE and whether or not arising in tort or occasioned in whole or in part by the negligence of Boeing, whether active, passive or imputed. This indemnity will not apply with respect to any nonconformance or defect caused solely by Boeing's installation of the SPE. Very truly yours, THE BOEING COMPANY By /s/ Xxxx X. Xxxxxx Monica Fix Its Attorney-In-Fact ACCEPTED AND AGREED XXXXXX TO as of this Date: September 18July 23, 1996 ALASKA AIRLINES 1996. CONTINENTAL AIRLINES, INC. By /s/ Xxxxx X. Xxxx Brian Davis Its Senior Vice President Finance 19541951-3 Alaska July 00, 0000 Continental Airlines, Inc. 00000 Xxxxxxx Xxxxxxx Xxxxx Xxxxxxx2929 Allen Parkway Houston, Xxxxxxxxxx 00000 Texas 77019 Subject: Letter Agreement NoAxxxxxxxx Xx. 19541951-3 to Purchase Agreement No. 1954 1951 - Option Aircraft Gentlemen: This Letter Agreement amends Purchase Agreement No. 1954 1951 dated as of even date herewith (the Purchase Agreement) between The Boeing Company (Boeing) and Alaska Continental Airlines, Inc. (Buyer) relating to Model 737-400 724/-824 aircraft (the Aircraft). All terms used and not defined herein will shall have the same meaning as in the Purchase Agreement. In consideration of Buyer's purchase of the Aircraft, Boeing hereby agrees to manufacture and sell to Buyer up to twelve (12) [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT.] additional Model 737-400 824 Aircraft (Option Aircraft) [Confidential Treatment RequestedCONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT.] to Buyer, on the same terms and conditions set forth in the Purchase Agreement, except as otherwise described in paragraph 1 of Attachment A hereto, and subject to the terms and conditions set forth below.

Buyer's Indemnification of Boeing. Buyer will indemnify and hold harmless Boeing from and against all claims and liabilities, including costs and expenses (including attorneys' fees) incident thereto or incident to successfully establishing the right to indemnification, for injury to or death of any person or persons, including employees of Buyer but not employees of Boeing, or for loss of or damage to any property, including Aircraft, arising out of or in any way connected with any nonconformance or defect in any SPE and whether or not arising in tort or occasioned in whole or in part by the negligence of Boeing, whether active, passive or imputed. This indemnity will not apply with respect to any nonconformance or defect caused solely by Boeing's installation of the SPE. Very truly yours, THE BOEING COMPANY By /s/ Xxxx Xxxxxxx X. Xxxxxx Xxxxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: September 18August 3, 1996 ALASKA AIRLINES 2006 CONTINENTAL AIRLINES, INC. By /s/ Xxxxx X. Xxxx Xxxxxx Xxxxxxxx Its Senior Vice President - Finance 1954and Treasurer 1951-3 Alaska 5R3 August 3, 2006 Continental Airlines, Inc. 00000 Xxxxxxx Xxxxxxx 0000 Xxxxx XxxxxxxXxxxxx Houston, Xxxxxxxxxx 00000 TX 77002 Subject: :Letter Agreement No. 19541951-3 5R3 to Purchase Agreement No. 1954 1951 - Option Promotional Support - Next Generation Aircraft Ladies and Gentlemen: This Letter Agreement amends Purchase Agreement No. 1954 1951 dated as of even date herewith (the July 23, 1996(the Agreement) between The Boeing Company (Boeing) and Alaska Continental Airlines, Inc. (Buyer) relating to Model 737-400 624/-724/-824/-924/-924ER aircraft (the Aircraft). This Letter Agreement supersedes and replaces in its entirety Letter Agreement 1951-5R2 dated May 21, 1996. All terms used herein and in the Agreement, and not defined herein herein, will have the same meaning as in the Agreement. In consideration of Buyer's purchase of the Aircraft, Boeing agrees to manufacture and sell to Buyer up to twelve (12) additional Model 737-400 Aircraft (Option Aircraft) [Confidential Treatment Requested] as described in paragraph 1 of Attachment A hereto, and subject to the terms and conditions set forth below.