Common use of Conditions and Limitations Clause in Contracts

Conditions and Limitations. 3.4.1 The following general conditions and limitations shall apply to the SLP: a) the transportation cost for the return to BRAD's designated facility, if practicable, of any failed Covered Component necessary for failure investigation or redesigning studies shall be borne by Buyer; b) BRAD's obligations under this SLP are Conditional upon the submission of reasonable proof acceptable to XXXX that the failure is Covered hereby; c) Buyer shall report any failure of a Covered Component in writing to BRAD's Warranty administrator within two (2) months after such failure becomes evident. Failure to give this required notice shall excuse XXXX from all obligations with respect to such failure; d) the provisions of Annex B Article 1.9 of the Warranty (except for subparagraphs (d) and (e) thereof) are incorporated by this reference and shall condition BRAD's obligations under this SLP with respect to any Covered Component; e) BRAD's obligations under this SLP shall not apply to any Aircraft which has not been correctly modified in accordance with the specifications or instructions contained in the relevant Service Bulletins which are furnished to Buyer prior to receipt by XXXX from Buyer of any notice of an occurrence which constitutes a failure in a Covered Component. The provisions of this subparagraph shall not apply in the event that Buyer furnishes reasonable evidence acceptable to XXXX that such failure was not caused by Buyer's failure to so modify the Aircraft; f) this SLP shall not apply to a failure of a Covered Component if XXXX determines that such failure may not reasonably be expected to occur on a fleetwide and repetitive basis; and g) this SLP shall not apply to a Covered Component where the failure results from an accident, abuse, misuse, degradation, negligence or wrongful act or omission, unauthorized repair or modification adversely affecting a Covered Component, impact or foreign object damage, to any Covered Component.

Conditions and Limitations. 3.4.1 The following general conditions and limitations shall apply to the SLP: a) the transportation cost for the return to BRAD's designated facility, if practicable, of any failed Covered Component necessary for failure investigation or redesigning studies shall be borne by BXXX but Buyer agrees to use reasonable efforts to ship the Covered Component on Buyer's aircraft to a scheduled destination closest to Canadair's designated facility at no cost to BXXX; b) BRAD's obligations under this SLP are Conditional conditional upon the submission of reasonable proof acceptable to XXXX BXXX that the failure is Covered covered hereby; c) Buyer shall report any failure of a Covered Component in writing to BRAD's BXXX`s Warranty administrator within two (2) months after such failure becomes evident. evident * Failure to give this required notice shall excuse XXXX BXXX from all obligations with respect to such failure; d) the provisions of Annex B Article 1.9 of the Warranty (except for subparagraphs (d) and (e) thereof) are incorporated by this reference and shall condition BRAD's obligations under this SLP with respect to any Covered Component; e) BRAD's obligations under this SLP shall not apply to any Aircraft which has not been correctly modified in accordance with the specifications or instructions contained in the relevant Service Bulletins which are furnished to Buyer prior to receipt by XXXX BXXX from Buyer of any notice of an occurrence which constitutes a failure in a Covered Component, subject to Buyer having had reasonable time to i) obtain parts required for the installation of the Service Bulletin and ii) incorporate the Service Bulletin into the Aircraft. The provisions of this subparagraph shall not apply in the event that Buyer furnishes reasonable evidence acceptable to XXXX BXXX that such failure was not caused by Buyer's failure to so modify the Aircraft; f) this SLP shall not apply to a failure of a Covered Component if XXXX BXXX determines that such failure may not reasonably be expected to occur on a fleetwide and repetitive basisbasis unless subsequently demonstrated to be; and g) this SLP shall not apply to a Covered Component where the failure results from an accident, abuse, misuse, degradation, except for normal wear and tear, negligence or wrongful act or omission, unauthorized repair or modification adversely affecting a Covered Component, impact or foreign object damage, to any Covered Component.

Conditions and Limitations. 3.4.1 The following general conditions and limitations shall apply to the SLP: a) the transportation cost for the return to BRAD's Bombardier’s designated facility, if practicable, of any failed Covered Component necessary for failure investigation or redesigning studies shall be borne by BuyerFrontier; b) BRAD's Bombardier’s obligations under this SLP are Conditional conditional upon the submission of reasonable proof acceptable to XXXX Bombardier that the failure is Covered covered hereby; c) Buyer Frontier shall report any failure of a Covered Component in writing to BRAD's Bombardier’s Warranty administrator within two (2) months after such failure becomes evident. Failure to give this required notice shall excuse XXXX Bombardier from all obligations with respect to such failure;; Annex B to PA-581 d) the provisions of Annex B Article 1.9 of the Warranty (except for subparagraphs (d) and (e) thereof) are incorporated by this reference and shall condition BRAD's Bombardier’s obligations under this SLP with respect to any Covered Component; e) BRAD's Bombardier’s obligations under this SLP shall not apply to any Aircraft which has not been correctly modified in accordance with the specifications or instructions contained in the relevant Service Bulletins which are furnished to Buyer Frontier prior to receipt by XXXX Bombardier from Buyer Frontier of any notice of an occurrence which constitutes a failure in a Covered Component. The provisions of this subparagraph shall not apply in the event that Buyer Frontier furnishes reasonable evidence acceptable to XXXX Bombardier that such failure was not caused by Buyer's Frontier’s failure to so modify the Aircraft; f) this SLP shall not apply to a failure of a Covered Component if XXXX Bombardier determines that such failure may not reasonably be expected to occur on a fleetwide fleet wide and repetitive basis; and; g) this SLP shall not apply to a Covered Component where the failure results from an accident, abuse, misuse, degradation, negligence or wrongful act or omission, unauthorized repair or modification adversely affecting a Covered Component, impact or foreign object damage, to any Covered Component; h) [***].

Conditions and Limitations. 3.4.1 The following general conditions and limitations shall apply to the SLP: a) the transportation cost for the return to BRAD's designated facility, if practicable, of any failed Covered Component necessary for failure investigation or redesigning studies shall be borne by Buyer; b) BRAD's obligations under this SLP are Conditional conditional upon the submission of reasonable proof acceptable to XXXX BRAD that the failure is Covered covered hereby; c) Buyer shall report any failure of a Covered Component in writing to BRAD's BRAD`s Warranty administrator within two (2) months after such failure becomes evident. Failure to give this required notice shall excuse XXXX BRAD from all obligations with respect to such failure; d) the provisions of Annex B Article 1.9 of the Warranty (except for subparagraphs (d) and (e) thereof) are incorporated by this reference and shall condition BRAD's obligations under this SLP with respect to any Covered Component; e) BRAD's obligations under this SLP shall not apply to any Aircraft which has not been correctly modified in accordance with the specifications or instructions contained in the relevant Service Bulletins which are furnished to Buyer prior to receipt by XXXX BRAD from Buyer of any notice of an occurrence which constitutes a failure in a Covered Component. The provisions of this subparagraph shall not apply in the event that Buyer furnishes reasonable evidence reasonably acceptable to XXXX BRAD that such failure was not caused by Buyer's failure to so modify the Aircraft; f) this SLP shall not apply to a failure of a Covered Component if XXXX BRAD determines that such failure may not reasonably be expected to occur on a fleetwide and repetitive basis; and g) this SLP shall not apply to a Covered Component where the failure results from an accident, abuse, misuse, degradation, negligence or wrongful act or omission, unauthorized repair or modification adversely affecting a Covered Component, impact or foreign object damage, to any Covered Component.

Conditions and Limitations. 3.4.1 The following general conditions and limitations shall apply to the SLP: a) the transportation cost for the return to BRADBombardier's designated facility, if practicable, of any failed Covered Component necessary for failure investigation or redesigning studies shall be borne by Bombardier but Buyer agrees to use reasonable efforts to ship the Covered Component on Buyer's aircraft to a scheduled destination closest to Canadair's designated facility at no cost to Bombardier; b) BRADBombardier's obligations under this SLP are Conditional conditional upon the submission of reasonable proof acceptable to XXXX Bombardier that the failure is Covered covered hereby; c) Buyer shall report any failure of a Covered Component in writing to BRAD's Bombardier`s Warranty administrator within two (2) months after such failure becomes evident. evident ----------------------- -- Failure to give this required notice shall excuse XXXX Bombardier from all obligations with respect to such failure; d) the provisions of Annex B Article 1.9 of the Warranty (except for subparagraphs (d) and (e) thereof) are incorporated by this reference and shall condition BRADBombardier's obligations under this SLP with respect to any Covered Component; e) BRADBombardier's obligations under this SLP shall not apply to any Aircraft which has not been correctly modified in accordance with the specifications or instructions contained in the relevant Service Bulletins which are furnished to Buyer prior to receipt by XXXX Bombardier from Buyer of any notice of an occurrence which constitutes a failure in a Covered Component, subject to Buyer having had reasonable time to i) obtain parts required for the installation of the Service Bulletin and ii) incorporate the Service Bulletin into the Aircraft. The provisions of this subparagraph shall not apply in the event that Buyer furnishes reasonable evidence acceptable to XXXX Bombardier that such failure was not caused by Buyer's failure to so modify the Aircraft; f) this SLP shall not apply to a failure of a Covered Component if XXXX Bombardier determines that such failure may not reasonably be expected to occur on a fleetwide and repetitive basisbasis unless subsequently demonstrated to be; and g) this SLP shall not apply to a Covered Component where the failure results from an accident, abuse, misuse, degradation, except for normal wear and tear, negligence or wrongful act or omission, unauthorized repair or modification adversely affecting a Covered Component, impact or foreign object damage, to any Covered Component.

Conditions and Limitations. 3.4.1 The following general conditions and limitations shall apply to the SLP: (a) the transportation cost for the return to BRAD's Bombardier’s designated facility, if practicable, of any failed Covered Component necessary for failure investigation or redesigning studies shall be borne by Buyer; (b) BRAD's Bombardier’s obligations under this SLP are Conditional conditional upon the submission of reasonable proof acceptable to XXXX Bombardier that the failure is Covered covered hereby; (c) Buyer shall report any failure of a Covered Component in writing to BRAD's Bombardier’s Warranty administrator within two (2) months after such failure becomes evident. Failure to give this required notice shall excuse XXXX Bombardier from all obligations with respect to such failure; (d) the provisions of Annex B Article Section 1.9 of the Warranty (except for subparagraphs (d) and (e) thereof) are incorporated by this reference and shall condition BRAD's Bombardier’s obligations under this SLP with respect to any Covered Component; (e) BRAD's Bombardier’s obligations under this SLP shall not apply to any Aircraft which has not been correctly modified in accordance with the specifications or instructions contained in the relevant [***] Service Bulletins which are furnished to Buyer prior to receipt by XXXX Bombardier from Buyer of any notice of an occurrence which constitutes a failure in a Covered Component. The provisions of this subparagraph shall not apply in the event that Buyer furnishes reasonable evidence acceptable to XXXX Bombardier that such failure was not caused by Buyer's ’s failure to so modify the Aircraft; f) this SLP shall not apply to a failure of a Covered Component if XXXX determines that such failure may not reasonably be expected to occur on a fleetwide and repetitive basis; and g) [***] [***]this SLP shall not apply to a Covered Component where the failure results from an accident, abuse, misuse, degradation, negligence or wrongful act or omission, unauthorized repair or modification [***] adversely affecting a Covered Component, impact or foreign object damage, to any Covered Component.

Conditions and Limitations. 3.4.1 The following general conditions and -------------------------- limitations shall apply to the SLPPolicy: a) the a. The transportation cost for the return to BRAD's designated facilityreturn, if practicablepracticable and requested by Seller, of any failed Covered Component necessary for failure investigation or redesigning studies shall be borne by Seller to and from Atlanta, Georgia. b. Any required disassembly and reassembly of the Aircraft or landing gear, removal of the failed Covered Component and reassembly and installation of the corrected or replacement Covered Component, shall be at Buyer;'s expense. b) BRADc. Seller's obligations under this SLP the Policy are Conditional conditioned upon the submission of reasonable proof acceptable to XXXX Seller that the failure Failure is Covered hereby;covered by the Policy. c) d. Buyer shall must report any failure of a Covered Component Failure in writing to BRADSeller's Warranty administrator Administrator within two (2) months after such failure any Failure becomes evident, whether or not said Failure can reasonably be expected to occur in any other aircraft. Failure Omission to give this required notice shall excuse XXXX Seller from all obligations with respect to such failure;the Failure which was not reported in accordance with the two month period. d) the e. The provisions of Annex B Article 1.9 of the Warranty paragraph 11. (except for subparagraphs (d) paragraphs 11.d., 11.e. and (e) 11.f. thereof) of paragraph A. of Part I entitled Seller's Warranty, are incorporated by this reference and shall condition BRADSeller's obligations under this SLP the Policy with respect to any Covered Component;. e) BRADf. Seller's obligations under this SLP the Policy shall not apply to any Aircraft which has not been correctly modified in accordance with the Seller's service bulletin specifications or instructions contained in the relevant Service Bulletins which are furnished by Seller to Buyer prior to receipt by XXXX Seller from Buyer of any notice of an occurrence which constitutes constitutes, or which at a failure later date is shown to constitute, a Failure in a Covered Component. The provisions of this subparagraph shall not apply in the event that Buyer furnishes reasonable evidence acceptable to XXXX that Component unless such failure Failure was not caused by Buyer's failure to so modify the Aircraft;. This provision does not apply (i) in cases where Buyer has demonstrated that such service bulletins are not cost effective to Buyer and (ii) where a reasonable period of time is not given Buyer to incorporate the service bulletin. f) this SLP g. The Policy shall not apply to for a failure of a Covered Component if XXXX determines Failure that such failure may not reasonably be expected to occur on a fleetwide and or repetitive basis; and g) this SLP shall not apply to a Covered Component where the failure results from an accident, abuse, misuse, degradation, negligence or wrongful act or omission, unauthorized repair or modification adversely affecting a Covered Component, impact or foreign object damage, to any Covered Component.

Conditions and Limitations. 3.4.1 The following general conditions and limitations shall apply to the SLP: a) the transportation cost for the return to BRADBombardier's designated facility, if practicable, of any failed Covered Component necessary for failure investigation or redesigning studies shall be borne by BuyerNorthwest; b) BRADBombardier's obligations under this SLP are Conditional conditional upon the submission of reasonable proof acceptable to XXXX Bombardier that the failure is Covered covered hereby; c) Buyer Northwest shall report any failure of a Covered Component in writing to BRADBombardier's Warranty warranty administrator within two ninety (290) months days after such failure becomes evident. Failure to give this required notice shall excuse XXXX Bombardier from all obligations with respect to such failure; d) the provisions of Schedule III - Annex B Article 1.9 of the Warranty (except for subparagraphs (d) and (e) thereof) are incorporated by this reference and shall condition BRADBombardier's obligations under this SLP with respect to any Covered Component; e) BRADBombardier's obligations under this SLP shall not apply to any Aircraft which has not been correctly modified in accordance with the specifications or instructions contained in the relevant Service Bulletins which are furnished to Buyer Northwest prior to receipt by XXXX Bombardier from Buyer Northwest of any notice of an occurrence which constitutes a failure in a Covered Component. The provisions of this subparagraph shall not apply in the event that Buyer Northwest furnishes reasonable evidence acceptable to XXXX Bombardier that such failure was not caused by BuyerNorthwest's failure to so modify the Aircraft; f) this SLP shall not apply , or, if Northwest and Bombardier, acting reasonably, have jointly determined that there has been insufficient time to a failure of a Covered Component if XXXX determines that such failure may not reasonably be expected to occur on a fleetwide and repetitive basisincorporate the Service Bulletin since its issue; and gf) this SLP shall not apply to a Covered Component where the failure results from an accident, abuse, misuse, degradation, negligence or wrongful act or omission, unauthorized repair or modification adversely affecting a Purchase Agreement PA-0498 Northwest Airlines, Inc. [*] Confidential material omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. 38 Covered Component, impact or foreign object damage, to any Covered Component.

Conditions and Limitations. 3.4.1 The following general -------------------------- conditions and limitations shall apply to the SLPPolicy: a) the a. The transportation cost for the return to BRAD's designated facilityreturn, if practicablepracticable and requested by Seller, of any failed Covered Component necessary for failure investigation or redesigning studies shall be borne by Seller to and from the point on Buyer;'s airline route closest to Seller's Facility in Long Beach, California. b) BRADb. Any required disassembly and reassembly of the Aircraft or landing gear, removal of the failed Covered Component and reassembly and installation of the corrected or replacement Covered Component, shall be at Buyer's expense. c. Seller's obligations under this SLP the Policy are Conditional conditioned upon the submission of reasonable proof acceptable to XXXX Seller that the failure Failure is Covered hereby;covered by the Policy. c) d. Buyer shall must report any failure of a Covered Component Failure in writing to BRADSeller's Warranty administrator Administrator within two (2) months after such failure any Failure becomes evident, whether or not said Failure can reasonably be expected to occur in any other aircraft. Failure Omission to give this required notice shall excuse XXXX Seller from all obligations with respect to such failure;Failure. d) the e. The provisions of Annex B Article 1.9 paragraph 11.a., 11.b. and, 11.c. of the Warranty (except for subparagraphs (d) and (e) thereof) paragraph A. of Part I entitled Seller's Warranty, are incorporated by this reference and shall condition BRADSeller's obligations under this SLP the Policy with respect to any Covered Component;. e) BRADf. Seller's obligations under this SLP the Policy shall not apply to any Aircraft or Covered Component which has not been correctly modified in accordance with the Seller's service bulletin specifications or instructions contained in the relevant Service Bulletins which are furnished by Seller to Buyer prior to receipt by XXXX Seller from Buyer of any notice of an occurrence which constitutes constitutes, or which at a failure later date is shown to constitute, a Failure in a Covered Component. The provisions of this subparagraph shall not apply in the event that Component unless Buyer furnishes reasonable evidence acceptable to XXXX that such failure Failure was not caused by Buyer's failure to so modify the Aircraft;Aircraft or Covered Component. f) this SLP g. The Policy shall not apply to for a failure of a Covered Component Failure if XXXX Seller determines that such failure the Failure may not reasonably be expected to occur on a fleetwide and or repetitive basis; and g) this SLP shall not apply to a Covered Component where the failure results from an accident, abuse, misuse, degradation, negligence or wrongful act or omission, unauthorized repair or modification adversely affecting a Covered Component, impact or foreign object damage, to any Covered Component.

Conditions and Limitations. 3.4.1 The following general conditions and limitations shall apply to the SLP: a) the transportation cost for the return to BRAD's Bombardier’s designated facility, if practicable, of any failed Covered Component Component, necessary for failure investigation or redesigning studies shall be borne by Buyer; b) BRAD's Bombardier’s obligations under this SLP are Conditional conditional upon the submission of reasonable proof acceptable to XXXX Bombardier that the failure is Covered covered hereby; c) Buyer shall [***] report any failure of a Covered Component in writing to BRAD's Bombardier’s Warranty administrator within two (2) months [***] days after such failure becomes evident. Failure to give this required notice shall excuse XXXX from all obligations with respect to such failure; d) the provisions of Annex B B-1 Article 1.9 of the Warranty (except for subparagraphs (d) and (e) thereof) are incorporated by this reference and shall condition BRAD's Bombardier’s obligations under this SLP with respect to any Covered Component; e) BRAD's Bombardier’s obligations under this SLP shall not apply to any Aircraft which has not been correctly modified in accordance with the specifications or instructions contained in the relevant Service Bulletins which are furnished to Buyer prior to receipt by XXXX Bombardier from Buyer of any notice of an occurrence which constitutes a failure in a Covered Component. The , [***], however, the provisions of this subparagraph shall not only apply in the event that Buyer furnishes reasonable evidence acceptable to XXXX that such failure was not caused by Buyer's failure to so modify the Aircraft[***]; f) this SLP shall not apply to a failure of a Covered Component Component, if XXXX Bombardier determines that such failure may not reasonably be expected to occur on a fleetwide fleet wide and repetitive basis; and g) this SLP shall not apply to a Covered Component Component, where the failure results from an accident, abuse, misuse, degradation, negligence or wrongful act or omission, unauthorized repair or modification adversely affecting a Covered ComponentComponent , impact or foreign object damage, to any Covered Component.

Conditions and Limitations. 3.4.1 The following general conditions and limitations shall apply to the SLP: (a) the transportation cost for the return to BRAD's Bombardier’s designated facility, if practicable, of any failed Covered Component necessary for failure investigation or redesigning studies shall be borne by Buyer; (b) BRAD's Bombardier’s obligations under this SLP are Conditional conditional upon the submission of reasonable proof acceptable to XXXX Bombardier that the failure is Covered covered hereby; (c) Buyer shall report any failure of a Covered Component in writing to BRAD's Bombardier’s Warranty administrator within two (2) months after such failure becomes evident. Failure to give this required notice shall excuse XXXX Bombardier from all obligations with respect to such failure; (d) the provisions of Annex B Article 1.9 of the Warranty (except for subparagraphs (d) and (e) thereof) are incorporated by this reference and shall condition BRAD's Bombardier’s obligations under this SLP with respect to any Covered Component; (e) BRAD's Bombardier’s obligations under this SLP shall not apply to any Aircraft which has not been correctly maintained or modified in accordance with the specifications or instructions contained in the relevant Aircraft Maintenance manual, Structural Repair Manual and/or Service Bulletins which are furnished to Buyer prior to receipt by XXXX Bombardier from Buyer of any notice of an occurrence which constitutes a failure in a Covered Component. The provisions of this subparagraph shall not apply in the event that Buyer furnishes reasonable evidence acceptable to XXXX Bombardier that such failure was not caused by Buyer's ’s failure to so modify the Aircraft; (f) this SLP shall not apply to a failure of a Covered Component if XXXX determines that such failure may not reasonably be expected to occur on a fleetwide and repetitive basis; and g) this SLP shall not apply to a Covered Component where the failure results from an accident, abuse, misuse, degradation, negligence or wrongful act or omission, unauthorized repair or modification adversely affecting a Covered Component, impact or foreign object damage, to any Covered Component.

Conditions and Limitations. 3.4.1 The following general conditions and limitations shall apply to the SLP: a) the transportation cost [CONFIDENTIAL PORTION DELETED] for the return to BRAD's designated facilityreturn, if practicable, of any failed Covered Component necessary [CONFIDENTIAL PORTION DELETED]necessary for failure investigation or redesigning studies shall be borne by Buyer[CONFIDENTIAL PORTION DELETED]; b) BRAD's obligations [CONFIDENTIAL PORTION DELETED] obligation under this SLP are Conditional conditional upon the submission of reasonable proof acceptable to XXXX that the failure is Covered hereby[CONFIDENTIAL PORTION DELETED]; c) Buyer [CONFIDENTIAL PORTION DELETED] shall report any failure of a Covered Component [CONFIDENTIAL PORTION DELETED] in writing to BRAD's Warranty administrator within two (2) months [CONFIDENTIAL PORTION DELETED] after such failure becomes evident. Failure ; failure to give this required notice shall excuse XXXX from BRAD xxxm all obligations with respect to such failure; d) the provisions of Annex B Article 1.9 1.10 of the Warranty (except for subparagraphs (d) d. and (e) e. thereof) are incorporated by this reference and shall condition BRAD's obligations BRAD'x xbligations under this SLP with respect to any Covered Component; e) BRAD's obligations BRAD'x xbligations under this SLP shall not apply to any Aircraft which has not been correctly modified in accordance with [CONFIDENTIAL PORTION DELETED]; the specifications or instructions contained in the relevant Service Bulletins which are furnished to Buyer prior to receipt by XXXX from Buyer of any notice of an occurrence which constitutes a failure in a Covered Component. The provisions of this subparagraph shall not apply in the event that Buyer furnishes reasonable evidence acceptable to XXXX [CONFIDENTIAL PORTION DELETED] that such failure was not caused by Buyer's failure to so modify the Aircraft[CONFIDENTIAL PORTION DELETED]; f) this SLP shall not apply to a failure of a Covered Component if XXXX determines that such failure may not reasonably be expected to occur on a fleetwide and repetitive basis; and g) this SLP shall not apply to a Covered Component where the failure results from an accident, abuse, misuse, degradation, negligence or wrongful act or omission, unauthorized repair or modification adversely affecting a Covered Component, impact or foreign object damage, to any Covered Component.

Conditions and Limitations. 3.4.1 The following general conditions and limitations shall apply to the SLP: a) the transportation cost for the return to BRAD's designated facility, if practicable, of any failed Covered Component necessary for failure investigation or redesigning studies shall be borne by BXXX but Buyer agrees to use reasonable efforts to ship the Covered Component on Buyer's aircraft to a scheduled destination closest to Canadair's designated facility at no cost to BXXX; b) BRAD's obligations under this SLP are Conditional conditional upon the submission of reasonable proof acceptable to XXXX BXXX that the failure is Covered covered hereby; c) Buyer shall report any failure of a Covered Component in writing to BRAD's BXXX`s Warranty administrator within two (2) months after such failure becomes evidentevident * . Failure to give this required notice shall excuse XXXX BXXX from all obligations with respect to such failure; d) the provisions of Annex B Article 1.9 of the Warranty (except for subparagraphs (d) and (e) thereof) are incorporated by this reference and shall condition BRAD's obligations under this SLP with respect to any Covered Component; e) BRAD's obligations under this SLP shall not apply to any Aircraft which has not been correctly modified in accordance with the specifications or instructions contained in the relevant Service Bulletins which are furnished to Buyer prior to receipt by XXXX BXXX from Buyer of any notice of an occurrence which constitutes a failure in a Covered Component, subject to Buyer having had reasonable time to i) obtain parts required for the installation of the Service Bulletin and ii) incorporate the Service Bulletin into the Aircraft. The provisions of this subparagraph shall not apply in the event that Buyer furnishes reasonable evidence acceptable to XXXX BXXX that such failure was not caused by Buyer's failure to so modify the Aircraft; f) this SLP shall not apply to a failure of a Covered Component if XXXX BXXX determines that such failure may not reasonably be expected to occur on a fleetwide and repetitive basisbasis unless subsequently demonstrated to be; and g) this SLP shall not apply to a Covered Component where the failure results from an accident, abuse, misuse, degradation, except for normal wear and tear, negligence or wrongful act or omission, unauthorized repair or modification adversely affecting a Covered Component, impact or foreign object damage, to any Covered Component.

Conditions and Limitations. 3.4.1 The following general conditions and limitations shall apply to the SLP: (a) the transportation cost for the return to BRADBombardier's designated facility, if practicable, of any failed Covered Component necessary for failure -70- 71 investigation or redesigning studies shall be borne by Buyer; (b) BRADBombardier's obligations under this SLP are Conditional conditional upon the submission of reasonable proof acceptable to XXXX Bombardier that the failure is Covered covered hereby; (c) Buyer shall report any failure of a Covered Component in writing to BRADBombardier's Warranty administrator within two (2) months after such failure becomes evident. Failure to give this required notice shall excuse XXXX Bombardier from all obligations with respect to such failure; (d) the provisions of Annex B Article 1.9 of the Warranty (except for subparagraphs (d) and (e) thereof) are incorporated by this reference and shall condition BRADBombardier's obligations under this SLP with respect to any Covered Component; (e) BRADBombardier's obligations under this SLP shall not apply to any an, Aircraft which has not been correctly modified in accordance with the specifications or instructions contained in the relevant Service Bulletins which are furnished to Buyer prior to receipt by XXXX Bombardier from Buyer of any notice of an occurrence which constitutes a failure in a Covered Component. The provisions of this subparagraph shall not apply in the event that Buyer furnishes reasonable evidence acceptable to XXXX Bombardier that such failure was not caused by Buyer's failure to so modify the Aircraft; (f) this SLP shall not apply to a failure of a Covered Component if XXXX Bombardier determines that such failure may not reasonably be expected to occur on a fleetwide and repetitive basis; and (g) this SLP shall not apply to a Covered Component where the failure results from an accident, abuse, misuse, degradation, negligence or wrongful act or omission, unauthorized repair or modification adversely affecting a Covered Component, impact or foreign object damage, to any Covered Component.

Conditions and Limitations. 3.4.1 The following general conditions and limitations shall apply to the SLP: : a) the transportation cost for the return to BRAD's designated facility, if practicable, of any failed Covered Component necessary for failure investigation or redesigning studies shall be borne by XXXX but Buyer agrees to use reasonable efforts to ship the Covered Component on Buyer; 's aircraft to a scheduled destination closest to Canadair's designated facility at no cost to XXXX; b) BRAD's obligations under this SLP are Conditional conditional upon the submission of reasonable proof acceptable to XXXX that the failure is Covered covered hereby; ; c) Buyer shall report any failure of a Covered Component in writing to BRAD's XXXX`s Warranty administrator within two (2) months after such failure becomes evident. evident [ * ] Failure to give this required notice shall excuse XXXX from all obligations with respect to such failure; ; d) the provisions of Annex B Article 1.9 of the Warranty (except for subparagraphs (d) and (e) thereof) are incorporated by this reference and shall condition BRAD's obligations under this SLP with respect to any Covered Component; ; e) BRAD's obligations under this SLP shall not apply to any Aircraft which has not been correctly modified in accordance with the specifications or instructions contained in the relevant Service Bulletins which are furnished to Buyer prior to receipt by XXXX from Buyer of any notice of an occurrence which constitutes a failure in a Covered Component, subject to Buyer having had reasonable time to i) obtain parts required for the installation of the Service Bulletin and ii) incorporate the Service Bulletin into the Aircraft. The provisions of this subparagraph shall not apply in the event that Buyer furnishes reasonable evidence acceptable to XXXX that such failure was not caused by Buyer's failure to so modify the Aircraft; ; f) this SLP shall not apply to a failure of a Covered Component if XXXX determines that such failure may not reasonably be expected to occur on a fleetwide repetitive basis unless subsequently demonstrated to be; and repetitive basis; and g) this SLP shall not apply to a Covered Component where the failure results from an accident, abuse, misuse, degradation, except for normal wear and tear, negligence or wrongful act or omission, unauthorized repair or modification adversely affecting a Covered Component, impact or foreign object damage, to any Covered Component.