Common use of Buyer’s Remedy and Seller’s Obligation Clause in Contracts

Buyer’s Remedy and Seller’s Obligation. 12.1.4.1 The Buyer’s remedy and the Seller’s obligation and liability under sub-Clauses 12.1.1 and 12.1.2 are limited to the repair, replacement or correction, at the Seller’s expense and option excercised in a reasonable good faith basis of any Warranted Part which is defective. Any replacement part shall not have less cycles, calendar time and flight hours (as the case may be) remaining, than the Warranted Part which it replaced. [*] 12.1.4.2 In the event of a defect covered by sub-Clauses 12.1.1 (iii), 12.1.1 (iv) and 12.1.2 (ii) becoming apparent within the applicable period set forth in sub-Clause 12.1.3 and the Seller being obliged to correct such defect, the Seller shall also, if so requested by the Buyer, make such correction in any Aircraft which has not yet been delivered to the Buyer provided, however, that the Seller shall not be responsible nor deemed to be in default on account of any reasonable delay (the Seller shall use its reasonable efforts to minimise such delay) in delivery of any Aircraft or otherwise, in respect of the performance of this Agreement due to the Seller’s undertaking to make such correction and provided further that, rather than accept a delay in the delivery of any such Aircraft, the Buyer and the Seller may agree to deliver such Aircraft with subsequent correction of the defect by the Buyer at the Seller’s expense, or the Buyer may elect to accept delivery and thereafter file a warranty claim as though the defect had become apparent immediately after delivery of such Aircraft.

Buyer’s Remedy and Seller’s Obligation. 12.1.4.1 The Buyer’s remedy and the Seller’s obligation and liability under sub-Clauses 12.1.1 and 12.1.2 are limited to the repair, replacement or correctionto, at the Seller’s expense and option excercised in a reasonable good faith basis option, the repair, replacement or correction of any Warranted Part which is defective. Any replacement part shall not have less cyclesdefective (or to the supply of modification kits rectifying the defect), calendar time together with a credit to the Buyer’s account with the Seller of an amount equal to the mutually agreed direct labor costs expended in performing the removal and flight hours (as the case may be) remaining, than reinstallation thereof on the Warranted Part which it replacedAircraft at the labor rate defined in Clause 12.1.7.5. [*]****] Confidential material redacted and filed separately with the Securities and Exchange Commission. AZU A320 NEO PA Reference CT1307022 The Seller may alternatively furnish to the Buyer’s account with the Seller a credit equal to the price at which the Buyer is entitled to purchase a replacement for the defective Warranted Part. 12.1.4.2 In the event of a defect covered by sub-Clauses 12.1.1 (iii), 12.1.1 (iv) and 12.1.2 (ii) becoming apparent within the applicable period set forth in sub-Clause 12.1.3 and the Seller being obliged to correct such defectWarranty Period, the Seller shall also, if so requested by the BuyerBuyer in writing, make correct such correction defect in any Aircraft which has not yet been delivered to the Buyer Buyer, provided, however, , (i) that the Seller shall not be responsible responsible, nor deemed to be in default on account of any reasonable delay (the Seller shall use its reasonable efforts to minimise such delay) in delivery Delivery of any Aircraft or otherwise, otherwise in respect of the performance of this Agreement Agreement, due to the Seller’s undertaking to make such correction and provided further further (ii) that, rather than accept a delay in the delivery Delivery of any such Aircraft, the Buyer and the Seller may mutually agree to deliver such Aircraft with subsequent correction of the defect by the Buyer at the Seller’s expense, or the Buyer may elect to accept delivery Delivery and thereafter file a warranty claim Warranty Claim as though the defect had become apparent immediately after delivery Delivery of such Aircraft.

Buyer’s Remedy and Seller’s Obligation. 12.1.4.1 The Buyer’s remedy and the Seller’s obligation and liability under sub-Clauses Subclauses 12.1.1 and 12.1.2 hereinabove are limited to the repair, replacement or correctionto, at the Seller’s expense and option, the repair, replacement or correction of, or the supply of modification kits rectifying the defect to, any defective Warranted Part. Alternatively, the Seller may at its sole option excercised furnish a credit to the Buyer for the future purchase of Material equal to the price at which the Buyer is then entitled to acquire a replacement for the defective Warranted Part. Nothing herein contained shall obligate the Seller to correct any failure to conform to the Specification with respect to components, equipment, accessories or parts that the parties agree in a reasonable good faith basis writing at the time of any Warranted Part which is defective. Any replacement part shall not delivery of the affected Aircraft are acceptable deviations or have less cyclesno material adverse effect on the use, calendar time and flight hours (as the case may be) remaining, than the Warranted Part which it replaced. [*]operation or performance of an Aircraft. 12.1.4.2 In the event of a defect covered by sub-Clauses 12.1.1 (iii), 12.1.1 (ivSubclause 12.1.1(iii) and 12.1.2 (ii) becoming becomes apparent within the applicable period set forth in sub-Clause 12.1.3 Subclause 12.1.3, and the Seller being obliged is obligated to correct such defect, the Seller shall also, if so requested by the BuyerBuyer in writing and following consultation between Buyer and Seller, make such correction in any Aircraft which that has not yet already been delivered to the Buyer providedBuyer. However, however, that the Seller shall not be responsible nor deemed to be in default on account of any reasonable delay (the Seller shall use its reasonable efforts to minimise such delay) in delivery of any Aircraft or otherwise, in respect of the performance of this Agreement the Agreement, due to the Seller’s undertaking to make such correction and provided further thatand, rather than accept a delay in the delivery of any such Aircraft, the Buyer and the Seller may agree to deliver such Aircraft with subsequent correction of the defect by the Buyer at the Seller’s expense, or the Buyer may elect to accept delivery and thereafter file a warranty claim Warranty Claim as though the defect had become apparent immediately after delivery of such Aircraft.

Buyer’s Remedy and Seller’s Obligation. 12.1.4.1 The Buyer’s remedy and the Seller’s obligation and liability under sub-Clauses 12.1.1 and 12.1.2 are limited to the [***], repair, replacement or correctioncorrection of any Warranted Part which is defective [***] or to the supply of modification kits rectifying the defect, at the Seller’s expense and option. The Seller may equally at its option excercised in furnish a reasonable good faith basis of any credit to the Buyer equal to the price at which the Buyer is entitled to purchase a replacement for the defective Warranted Part which is defective. Any replacement part shall not have less cycles, calendar time and flight hours (as the case may be) remaining, than the Warranted Part which it replaced. [*]Part. 12.1.4.2 In the event of a defect covered by sub-Clauses 12.1.1 (iii12.1.1(iii), 12.1.1 (iv12.1.1(iv) and 12.1.2 (ii12.1.2(ii) becoming apparent within the applicable period set forth in sub-Clause 12.1.3 Warranty Period and the Seller being obliged to correct such defect, the Seller shall also, if so requested by the Buyer, make such correction in any Aircraft which has not yet been delivered to the Buyer Buyer; provided, however, , (i) that the Seller shall not be responsible nor deemed to be in default on account of any reasonable delay (the Seller shall use its reasonable efforts to minimise such delay) in delivery Delivery of any Aircraft or otherwise, in respect of the performance of this Agreement due to the Seller’s undertaking to make such correction and provided further further (ii) that, rather than accept a delay in the delivery Delivery of any such Aircraft, the Buyer and the Seller may agree to deliver such Aircraft with subsequent correction of the defect by the Buyer at the Seller’s expense, or the Buyer may elect to accept delivery Delivery and thereafter file a warranty claim as though the defect had become apparent immediately after delivery Delivery of such Aircraft. 12.1.4.3 In addition to the remedies setforth in Clauses 12.1.4.1 and 12.