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 Gunar Clem Its Attorney-In-Fact AXXXXXXX XXD AGREED TO as of this Date: March 5, 1997. CONTINENTAL AIRLINES, INC. By Brian Davis Its Vice President 6-0000-XXX-015 March 5, 1997 CONTINENTAL AIRLINES, INC. 2929 Allen Parkway Houston, Texas 77019 Subject: Xxxxxx Xxxxxxxxx No. 6-1162-GOC-015 to Purchase Agreement No. 1951 - Category III A Landing Feature Ladies and Gentlemen: This Letter Agreement amends Purchase Agreement No. 1951 dated July 23, 1996(the Agreement) between The Boeing Company (Boeing) and Continental Airlines, Inc. (Buyer) relating to Model 737 aircraft (the Aircraft). All terms used herein and in the Agreement, and not defined herein, will have the same meaning as in the Agreement. Special Consideration for Cat III A Landing Feature In the event that Buyer elects to have the Category III A landing capability (Change Request 0221CG3017) installed on an Aircraft at time of delivery, [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURIITES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] In the event that Buyer elects to install the Category III A landing feature as a post delivery modification, [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURIITES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURIITES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] Confidential Treatment. Boeing and Buyer understand that certain commercial and financial information contained in this Letter Agreement, including any attachments hereto, are considered by both parties to be confidential. Boeing and Buyer further agree that each party will treat this Letter Agreement and the information contained herein as confidential and will not, without the other party's prior written consent, disclose this Letter Agreement or any information contained herein to any other person or entity except as provided in Letter Agreement 6-1162-MMF-308R1. Very truly yours, THE BOEING COMPANY By Gunar Clem Its Attorney-In-Fact ACXXXXXX XXX AGREED TO this Date: March 5, 1997 CONTINENTAL AIRLINES, INC. By Brian Davis Its Vice President 6-0000-XXX-079R1 March 5, 1997 CONTINENTAL AIRLINES, INC. 2929 Allen Parkway Houston, Texas 77019 Subject: Xxxxxx Xxxxxxxxx Xx. 6-1162-MMF-379R1 to Purchase Agreement No. 1951 - [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURIITES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] This Letter Agreement amends Purchase Agreement No. 1951 dated July 23, 1996(the Agreement) between THE BOEING COMPANY (Boeing) and CONTINENTAL AIRLINES, INC. (Buyer) relating to Model 737-624 aircraft (the Aircraft). This Letter Agreement supersedes and replaces in its entirety Letter Agreement 6-1162-MMF-379 dated October 10, 1996. All terms used herein and in the Agreement, and not defined herein, will have the same meaning as in the Agreement. [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURIITES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT]

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 Gunar Clem /s/ David M. Hurt Its Attorney-In-Fact AXXXXXXX XXD AGREED ACCEPXXX XXX XXXXXD TO as of this Date: March 5May 21, 19971998. CONTINENTAL AIRLINES, INC. By /s/ Brian Davis Its Vice President 61951-0000-XXX-015 March 53R0 Xxx 00, 1997 CONTINENTAL AIRLINES0998 Continental Airlines, INC. Inc. 2929 Allen Parkway Houston, Texas 77019 Subject: Xxxxxx Xxxxxxxxx NoXx. 61951-1162-GOC-015 3R2 to Purchase Agreement No. 1951 - Category III A Landing Feature Option Aircraft - Model 737-824 Aircraft Ladies and Gentlemen: This Letter Agreement amends Purchase Agreement No. 1951 dated July 23, 1996(the Agreement) between The Boeing Company (Boeing) and Continental Airlines, Inc. (Buyer) relating to Model 737 aircraft (the Aircraft). All terms used herein and in the Agreement, and not defined herein, will have the same meaning as in the Agreement. Special Consideration for Cat III A Landing Feature In the event that Buyer elects to have the Category III A landing capability (Change Request 0221CG3017) installed on an Aircraft at time of delivery, [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURIITES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] In the event that Buyer elects to install the Category III A landing feature as a post delivery modification, [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURIITES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURIITES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] Confidential Treatment. Boeing and Buyer understand that certain commercial and financial information contained in this Letter Agreement, including any attachments hereto, are considered by both parties to be confidential. Boeing and Buyer further agree that each party will treat this Letter Agreement and the information contained herein as confidential and will not, without the other party's prior written consent, disclose this Letter Agreement or any information contained herein to any other person or entity except as provided in Letter Agreement 6-1162-MMF-308R1. Very truly yours, THE BOEING COMPANY By Gunar Clem Its Attorney-In-Fact ACXXXXXX XXX AGREED TO this Date: March 5, 1997 CONTINENTAL AIRLINES, INC. By Brian Davis Its Vice President 6-0000-XXX-079R1 March 5, 1997 CONTINENTAL AIRLINES, INC. 2929 Allen Parkway Houston, Texas 77019 Subject: Xxxxxx Xxxxxxxxx Xx. 6-1162-MMF-379R1 to Purchase Agreement No. 1951 - [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURIITES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] This Letter Agreement amends Purchase Agreement No. 1951 dated July 23, 1996(the Agreement) between THE BOEING COMPANY (Boeing) and CONTINENTAL AIRLINES, INC. (Buyer) relating to Model 737-624 824 aircraft (the Aircraft). This Letter Agreement supersedes and replaces in its entirety Letter Agreement 61951-1162-MMF-379 3R1 dated October 10, 1996. All terms used herein and in the Agreement, and not defined herein, will herein 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 up to [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURIITES 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 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 Gunar Clem /s/ Xxxxxxx X. Xxxxxxxx Its Attorney-In-Fact AXXXXXXX XXD ACCEPTED AND AGREED TO as of this Date: March 5August 3, 1997. 2006 CONTINENTAL AIRLINES, INC. By Brian Davis /s/ Xxxxxx Xxxxxxxx Its Senior Vice President 6- Finance and Treasurer 1951-0000-XXX-015 March 55R3 August 3, 1997 CONTINENTAL AIRLINES2006 Continental Airlines, INC. 2929 Allen Parkway Inc. 0000 Xxxxx Xxxxxx Houston, Texas 77019 TX 77002 Subject: Xxxxxx Xxxxxxxxx Letter Agreement No. 61951-1162-GOC-015 5R3 to Purchase Agreement No. 1951 - Category III A Landing Feature Promotional Support - Next Generation Aircraft Ladies and Gentlemen: This Letter Agreement amends Purchase Agreement No. 1951 dated July 23, 1996(the Agreement) between The Boeing Company (Boeing) and Continental Airlines, Inc. (Buyer) relating to Model 737 aircraft (the Aircraft). All terms used herein and in the Agreement, and not defined herein, will have the same meaning as in the Agreement. Special Consideration for Cat III A Landing Feature In the event that Buyer elects to have the Category III A landing capability (Change Request 0221CG3017) installed on an Aircraft at time of delivery, [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURIITES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] In the event that Buyer elects to install the Category III A landing feature as a post delivery modification, [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURIITES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURIITES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] Confidential Treatment. Boeing and Buyer understand that certain commercial and financial information contained in this Letter Agreement, including any attachments hereto, are considered by both parties to be confidential. Boeing and Buyer further agree that each party will treat this Letter Agreement and the information contained herein as confidential and will not, without the other party's prior written consent, disclose this Letter Agreement or any information contained herein to any other person or entity except as provided in Letter Agreement 6-1162-MMF-308R1. Very truly yours, THE BOEING COMPANY By Gunar Clem Its Attorney-In-Fact ACXXXXXX XXX AGREED TO this Date: March 5, 1997 CONTINENTAL AIRLINES, INC. By Brian Davis Its Vice President 6-0000-XXX-079R1 March 5, 1997 CONTINENTAL AIRLINES, INC. 2929 Allen Parkway Houston, Texas 77019 Subject: Xxxxxx Xxxxxxxxx Xx. 6-1162-MMF-379R1 to Purchase Agreement No. 1951 - [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURIITES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] This Letter Agreement amends Purchase Agreement No. 1951 dated July 23, 1996(the Agreement) between THE BOEING COMPANY (Boeing) and CONTINENTAL AIRLINES, INC. (Buyer) relating to Model 737-624 624/-724/-824/-924/-924ER aircraft (the Aircraft). This Letter Agreement supersedes and replaces in its entirety Letter Agreement 61951-1162-MMF-379 5R2 dated October 10May 21, 1996. All terms used herein and in the Agreement, and not defined herein, will have the same meaning as in the Agreement. [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURIITES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT].

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 Gunar Clem /s/ M. Monica Fix Its Attorney-In-Fact AXXXXXXX XXD AXXXXXXD AND AGREED TO as of this Date: March 5October 10, 19971996. CONTINENTAL AIRLINES, INC. By /s/ Brian Davis Its Vice President 6-V.P. 0000-XXX-015 March 50X0 October 10, 1997 CONTINENTAL AIRLINES1996 Continental Airlines, INC. Inc. 2929 Allen Parkway Houston, Texas 77019 Subject: Xxxxxx Xxxxxxxxx No. 61951-1162-GOC-015 3R1 to Purchase Agreement No. 1951 - Category III A Landing Feature Option Aircraft - Model 737-824 Aircraft Ladies and Gentlemen: This Letter Agreement amends Purchase Agreement No. 1951 dated July 23, 1996(the Purchase Agreement) between The Boeing Company (Boeing) and Continental Airlines, Inc. (Buyer) relating to Model 737 aircraft (the Aircraft). All terms used herein and in the Agreement, and not defined herein, will have the same meaning as in the Agreement. Special Consideration for Cat III A Landing Feature In the event that Buyer elects to have the Category III A landing capability (Change Request 0221CG3017) installed on an Aircraft at time of delivery, [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURIITES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] In the event that Buyer elects to install the Category III A landing feature as a post delivery modification, [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURIITES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURIITES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] Confidential Treatment. Boeing and Buyer understand that certain commercial and financial information contained in this Letter Agreement, including any attachments hereto, are considered by both parties to be confidential. Boeing and Buyer further agree that each party will treat this Letter Agreement and the information contained herein as confidential and will not, without the other party's prior written consent, disclose this Letter Agreement or any information contained herein to any other person or entity except as provided in Letter Agreement 6-1162-MMF-308R1. Very truly yours, THE BOEING COMPANY By Gunar Clem Its Attorney-In-Fact ACXXXXXX XXX AGREED TO this Date: March 5, 1997 CONTINENTAL AIRLINES, INC. By Brian Davis Its Vice President 6-0000-XXX-079R1 March 5, 1997 CONTINENTAL AIRLINES, INC. 2929 Allen Parkway Houston, Texas 77019 Subject: Xxxxxx Xxxxxxxxx Xx. 6-1162-MMF-379R1 to Purchase Agreement No. 1951 - [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURIITES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] This Letter Agreement amends Purchase Agreement No. 1951 dated July 23, 1996(the Agreement) between THE BOEING COMPANY (Boeing) and CONTINENTAL AIRLINES, INC. (Buyer) relating to Model 737-624 824 aircraft (the Aircraft). This Letter Agreement supersedes and replaces in its entirety Letter Agreement 61951-1162-MMF-379 3 dated October 10July 23, 1996. All terms used herein and in the Agreement, and not defined herein, will herein 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 up to [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURIITES 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 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 Gunar Clem /s/ Monica Fix Its Attorney-In-Fact AXXXXXXX XXD AGREED ACCEPTED AND XXXXXX TO as of this Date: March 5July 23, 19971996. CONTINENTAL AIRLINES, INC. By /s/ Brian Davis Its Vice President 61951-0000-XXX-015 March 53 July 00, 1997 CONTINENTAL AIRLINES0000 Continental Airlines, INC. Inc. 2929 Allen Parkway Houston, Texas 77019 Subject: Xxxxxx Xxxxxxxxx NoLetter Axxxxxxxx Xx. 61951-1162-GOC-015 3 to Purchase Agreement No. 1951 - Category III A Landing Feature Ladies and Option Aircraft Gentlemen: This Letter Agreement amends Purchase Agreement No. 1951 dated July 23, 1996(the as of even date herewith (the Purchase Agreement) between The Boeing Company (Boeing) and Continental Airlines, Inc. (Buyer) relating to Model 737 737-724/-824 aircraft (the Aircraft). All terms used herein and in the Agreement, and not defined herein, will herein shall have the same meaning as in the Purchase Agreement. Special Consideration for Cat III A Landing Feature In consideration of Buyer's purchase of the event that Buyer elects Aircraft, Boeing hereby agrees to have the Category III A landing capability (Change Request 0221CG3017) installed on an Aircraft at time of delivery, manufacture and sell up to [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURIITES SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT.] In the event that Buyer elects to install the Category III A landing feature as a post delivery modification, additional Model 737-824 Aircraft [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURIITES SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT.] [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURIITES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] Confidential Treatment. Boeing to Buyer, on the same terms and Buyer understand that certain commercial and financial information contained conditions set forth in this Letter the Purchase Agreement, including any attachments except as otherwise described in Attachment A hereto, are considered by both parties and subject to be confidential. Boeing the terms and Buyer further agree that each party will treat this Letter Agreement and the information contained herein as confidential and will not, without the other party's prior written consent, disclose this Letter Agreement or any information contained herein to any other person or entity except as provided in Letter Agreement 6-1162-MMF-308R1. Very truly yours, THE BOEING COMPANY By Gunar Clem Its Attorney-In-Fact ACXXXXXX XXX AGREED TO this Date: March 5, 1997 CONTINENTAL AIRLINES, INC. By Brian Davis Its Vice President 6-0000-XXX-079R1 March 5, 1997 CONTINENTAL AIRLINES, INC. 2929 Allen Parkway Houston, Texas 77019 Subject: Xxxxxx Xxxxxxxxx Xx. 6-1162-MMF-379R1 to Purchase Agreement No. 1951 - [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURIITES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] This Letter Agreement amends Purchase Agreement No. 1951 dated July 23, 1996(the Agreement) between THE BOEING COMPANY (Boeing) and CONTINENTAL AIRLINES, INC. (Buyer) relating to Model 737-624 aircraft (the Aircraft). This Letter Agreement supersedes and replaces in its entirety Letter Agreement 6-1162-MMF-379 dated October 10, 1996. All terms used herein and in the Agreement, and not defined herein, will have the same meaning as in the Agreement. [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURIITES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT]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 Gunar Clem /s/ Xxxxxxx X. Xxxxxxxx Its Attorney-In-Fact AXXXXXXX XXD ACCEPTED AND AGREED TO as of this Date: March 5August 3, 1997. 2006 CONTINENTAL AIRLINES, INC. By Brian Davis /s/ Xxxxxx Xxxxxxxx Its Senior Vice President 6- Finance and Treasurer 1951-0000-XXX-015 March 55R3 August 3, 1997 CONTINENTAL AIRLINES2006 Continental Airlines, INC. 2929 Allen Parkway Inc. 0000 Xxxxx Xxxxxx Houston, Texas 77019 TX 77002 Subject: Xxxxxx Xxxxxxxxx :Letter Agreement No. 61951-1162-GOC-015 5R3 to Purchase Agreement No. 1951 - Category III A Landing Feature Promotional Support - Next Generation Aircraft Ladies and Gentlemen: This Letter Agreement amends Purchase Agreement No. 1951 dated July 23, 1996(the Agreement) between The Boeing Company (Boeing) and Continental Airlines, Inc. (Buyer) relating to Model 737 aircraft (the Aircraft). All terms used herein and in the Agreement, and not defined herein, will have the same meaning as in the Agreement. Special Consideration for Cat III A Landing Feature In the event that Buyer elects to have the Category III A landing capability (Change Request 0221CG3017) installed on an Aircraft at time of delivery, [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURIITES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] In the event that Buyer elects to install the Category III A landing feature as a post delivery modification, [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURIITES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURIITES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] Confidential Treatment. Boeing and Buyer understand that certain commercial and financial information contained in this Letter Agreement, including any attachments hereto, are considered by both parties to be confidential. Boeing and Buyer further agree that each party will treat this Letter Agreement and the information contained herein as confidential and will not, without the other party's prior written consent, disclose this Letter Agreement or any information contained herein to any other person or entity except as provided in Letter Agreement 6-1162-MMF-308R1. Very truly yours, THE BOEING COMPANY By Gunar Clem Its Attorney-In-Fact ACXXXXXX XXX AGREED TO this Date: March 5, 1997 CONTINENTAL AIRLINES, INC. By Brian Davis Its Vice President 6-0000-XXX-079R1 March 5, 1997 CONTINENTAL AIRLINES, INC. 2929 Allen Parkway Houston, Texas 77019 Subject: Xxxxxx Xxxxxxxxx Xx. 6-1162-MMF-379R1 to Purchase Agreement No. 1951 - [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURIITES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] This Letter Agreement amends Purchase Agreement No. 1951 dated July 23, 1996(the Agreement) between THE BOEING COMPANY (Boeing) and CONTINENTAL AIRLINES, INC. (Buyer) relating to Model 737-624 624/-724/-824/-924/-924ER aircraft (the Aircraft). This Letter Agreement supersedes and replaces in its entirety Letter Agreement 61951-1162-MMF-379 5R2 dated October 10May 21, 1996. All terms used herein and in the Agreement, and not defined herein, will have the same meaning as in the Agreement. [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURIITES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT].