Customer Originated Changes. 14.5.3.1 Buyer-originated data documented in the Buyer's own Request for Publication Change ("Customer Originated Changes" or "COC") may be introduced into the following customized Technical Publications: (i) Aircraft Maintenance Manual (ii) Illustrated Parts Catalog (iii) Trouble Shooting Manual (iv) Wiring Manual (Schematics, Wirings, Lists) 14.5.3.2 The Buyer will issue COC in accordance with the provisions of the "Guidelines for Customer Originated Changes" issued by the Seller and will label such data "COC." 14.5.3.3 The Seller will use all reasonable efforts to introduce the COC into the relevant Technical Publications as soon as possible following the receipt of complete and accurate data for processing, but no later than two (2) revisions after submission of the COC. 14.5.3.4 COC data will be incorporated by the Seller in all affected customized Technical Publications, unless the Buyer specifies in writing to the Seller into which Technical Publications the COC data will be incorporated. The customized Technical Publications into which the COC data are incorporated will only show the Aircraft configuration that reflects the COC data and not the configuration before incorporation of such COC data. 14.5.3.5 The Buyer hereby acknowledges and accepts that the incorporation of any COC into the Technical Publication issued by or caused to be issued by the Seller will be entirely at the Buyer's risk. Accordingly, the Seller will be under no liability whatsoever in respect of either the engineering contents of any COC, including any omissions or inaccuracies therein, or the effect that incorporation of such COC may have on the Technical Publications. 14.5.3.6 The Seller will not be required to check any COC data submitted for incorporation as aforementioned, and the Buyer will ensure that all COC data submitted for incorporation into a Technical Publication have received prior approval from its local airworthiness authority. 14.5.3.7 IN THE EVENT THAT THE SELLER AND/OR THE MANUFACTURER IS REQUIRED UNDER ANY COURT ORDER OR SETTLEMENT TO INDEMNIFY IN WHOLE OR IN PART ANY THIRD PARTY FOR INJURY, LOSS OR DAMAGE INCURRED DIRECTLY OR INDIRECTLY AS A RESULT OF INCORPORATION OF ANY COC INTO THE TECHNICAL PUBLICATIONS ISSUED OR CAUSED TO BE ISSUED BY THE SELLER, THE BUYER AGREES TO DEFEND, INDEMNIFY OR HOLD HARMLESS THE SELLER AND/OR THE MANUFACTURER FOR ALL PAYMENTS OR SETTLEMENTS MADE IN RESPECT OF SUCH INJURY, LOSS OR DAMAGE INCLUDING ANY EXPENSES INCURRED BY THE SELLER AND/OR THE MANUFACTURER IN DEFENDING SUCH CLAIMS, PROVIDED THAT THE BUYER IS PROVIDED AN OPPORTUNITY TO ASSUME THE DEFENSE AND/OR A SETTLEMENT OF SUCH CLAIM. THIS INDEMNIFICATION BY THE BUYER WILL IN NO EVENT BE AFFECTED BY ANY WRITTEN OR ORAL COMMUNICATION THAT THE SELLER OR THE MANUFACTURER MAY MAKE TO THE BUYER IN RESPECT OF SUCH DOCUMENTATION. 14.5.3.8 The price for the incorporation of any COC as aforesaid will be invoiced to the Buyer under conditions specified in the Seller's then current Support Services Price Catalog. ***
Appears in 4 contracts
Samples: Purchase Agreement (Us Airways Inc), Purchase Agreement (Us Airways Inc), Purchase Agreement (Us Airways Inc)
Customer Originated Changes. 14.5.3.1 Buyer-originated data documented in the Buyer's own Request for Publication Change ("14.9.1 Data on Customer Originated Changes" or "Changes (COC") may be introduced incorporated into the following Technical Data customized Technical Publications:
(i) to the Buyer: - Aircraft Maintenance Manual (ii) and associated products - Illustrated Parts Catalog (iii) - Trouble Shooting Manual (iv) - Aircraft Wiring Manual (Schematics, Wirings, Lists)
14.5.3.2 The Buyer will issue COC in accordance - Aircraft Schematics Manual - Aircraft Wiring Lists - Flight Crew Operating Manual - Quick Reference Handbook ***** Confidential portions of the material have been omitted and filed separately with the provisions of Securities and Exchange Commission. Spirit Airlines - A320 FAMILY – PA 52
14.9.2 COC data will be developed by the "Buyer according to the “Guidelines for Customer Originated Changes" ” issued by the Seller and Seller. The Buyer will label ensure that any such COC data "COC."
14.5.3.3 The Seller will use all reasonable efforts to introduce is in compliance with the COC into the relevant Technical Publications as soon as possible following the receipt requirements of complete and accurate data for processing, but no later than two (2) revisions after submission of the COC.
14.5.3.4 its local Aviation Authorities. COC data will be incorporated by the Seller in all affected the customized Technical Publications, Data listed in Clause 14.9.1 unless the Buyer specifies in writing to the Seller into which customized Technical Publications Data the Buyer desires that the COC data will be incorporated. The customized Technical Publications into which Following incorporation of the COC data are incorporated as requested by the Buyer, the relevant customized Technical Data will show only show the Aircraft aircraft configuration that reflects the COC data and not the configuration before incorporation of such the COC data.
14.5.3.5 14.9.3 The Buyer hereby acknowledges and accepts that the incorporation of any COC into the Technical Publication issued by or caused to Data will be issued by at the Buyer’s sole risk, and the Seller will be entirely at the Buyer's risk. Accordingly, the Seller will be under have no liability whatsoever in with respect of either to: (a) the engineering contents of any COC, COC (including any omissions or inaccuracies therein, or the ) (b) any effect that the incorporation of such COC may have on the Technical Publications.
14.5.3.6 Data or (c) any costs of any nature that any COC may have on all subsequent Service Bulletins and modifications. The Seller will not be required to check the accuracy or validity of any COC data submitted for incorporation into the Technical Data.
14.9.4 The Buyer will indemnify and hold the Seller harmless from and against any losses (including reasonable attorneys’ fees) arising from claims by any third party for injury, loss or damage incurred directly or indirectly as aforementioneda result of incorporation of any COC into the Technical Data issued by the Seller.
14.9.5 No liability on the part of the Seller will arise, and no obligations of the Buyer under the foregoing Clause 14.9.4 will be reduced, by any communication, whether written or oral, between the Seller and the Buyer will ensure that all with respect to COC data submitted for or the incorporation of such data into a the Technical Publication have received prior approval from its local airworthiness authorityData.
14.5.3.7 IN THE EVENT THAT THE SELLER AND/OR THE MANUFACTURER IS REQUIRED UNDER ANY COURT ORDER OR SETTLEMENT TO INDEMNIFY IN WHOLE OR IN PART ANY THIRD PARTY FOR INJURY, LOSS OR DAMAGE INCURRED DIRECTLY OR INDIRECTLY AS A RESULT OF INCORPORATION OF ANY COC INTO THE TECHNICAL PUBLICATIONS ISSUED OR CAUSED TO BE ISSUED BY THE SELLER, THE BUYER AGREES TO DEFEND, INDEMNIFY OR HOLD HARMLESS THE SELLER AND/OR THE MANUFACTURER FOR ALL PAYMENTS OR SETTLEMENTS MADE IN RESPECT OF SUCH INJURY, LOSS OR DAMAGE INCLUDING ANY EXPENSES INCURRED BY THE SELLER AND/OR THE MANUFACTURER IN DEFENDING SUCH CLAIMS, PROVIDED THAT THE BUYER IS PROVIDED AN OPPORTUNITY TO ASSUME THE DEFENSE AND/OR A SETTLEMENT OF SUCH CLAIM. THIS INDEMNIFICATION BY THE BUYER WILL IN NO EVENT BE AFFECTED BY ANY WRITTEN OR ORAL COMMUNICATION THAT THE SELLER OR THE MANUFACTURER MAY MAKE TO THE BUYER IN RESPECT OF SUCH DOCUMENTATION.
14.5.3.8 14.9.6 The price for Seller’s costs with respect to the incorporation of any COC as aforesaid will be invoiced to the Buyer under conditions specified in ANACS’ Customer Services Catalog in effect at the Seller's then current Support Services Price Catalog. ***time of the Buyer’s request for incorporation.
Appears in 2 contracts
Samples: Purchase Agreement (Spirit Airlines, Inc.), Purchase Agreement (Spirit Airlines, Inc.)
Customer Originated Changes. 14.5.3.1 4.12.1 Buyer-originated data documented in the Buyer's own Request for Publication Change ("Customer Originated Changes" or "COC") airline engineering bulletin may be introduced as Customer-Originated Changes (COC) into the following Seller-customized Technical Publications:
(i) Data: - Aircraft Maintenance Manual (ii) Data, - Illustrated Parts Catalog (iii) Trouble Data, - Trouble-Shooting Manual (iv) Data, - Aircraft Wiring Manual (SchematicsData, Wirings- Aircraft Schematics Data, Lists)- Flight Crew Operation Data - Quick-Reference "Handbook" Data.
14.5.3.2 The 4.12.2 COC data will be established by the Buyer will issue COC in accordance with according to the provisions of the "Guidelines Customer Guide for Customer Originated Changes" , as issued by the Seller and Seller. The Buyer will label ensure that any such data "COC."
14.5.3.3 The Seller will use all reasonable efforts to introduce the COC into the relevant Technical Publications as soon as possible following the receipt of complete and accurate data for processing, but no later than two (2) revisions after submission of the COC.
14.5.3.4 is in compliance with its local Aviation Authorities' requirements. COC data will generally be delivered on-line by the Buyer. It will be incorporated by the Seller in into all affected customized Technical Publications, Data unless the Buyer specifies in writing to the Seller Technical Data of its choice into which Technical Publications the COC data will be incorporated. The customized COC data will be incorporated into the Technical Publications into which Data at the next revision following receipt of the COC data are incorporated will only show data, when the Aircraft configuration that reflects Seller receives the applicable COC data and not at least [ * ] before the configuration before incorporation of such COC data.next revision [ * ]
14.5.3.5 4.12.3 The Buyer hereby acknowledges and accepts that the incorporation of any COC into the Technical Publication issued by or caused to be Data issued by the Seller will be entirely at the Buyer's risk. Further, the Buyer acknowledges full liability for the effects, including all related costs, that any COC may have on any subsequent Service Bulletins and/or modifications.
4.12.3.1 The Seller will not be required to check any COC data submitted for incorporation. Accordingly, the Seller will be under no liability whatsoever in respect of either the engineering contents of any COC, including any omissions or inaccuracies therein, or the effect that the incorporation of such COC may have on the Technical PublicationsData issued by the Seller. * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. LA4-35
4.12.3.2 In the event of the Seller being required under any court order or settlement to indemnify any third party for injury, loss or damage incurred directly or indirectly as a result of incorporation of any COC into the Technical Data issued by the Seller, the Buyer agrees to reimburse the Seller for all payments or settlements made in respect of such injury, loss or damage including any expenses incurred by the Seller in defending such claims.
14.5.3.6 4.12.4 The Seller will not be required to check any COC data submitted for incorporation as aforementioned, and the Buyer will ensure that all COC data submitted for incorporation into a Technical Publication have received prior approval from its local airworthiness authority.
14.5.3.7 IN THE EVENT THAT THE SELLER AND/OR THE MANUFACTURER IS REQUIRED UNDER ANY COURT ORDER OR SETTLEMENT TO INDEMNIFY IN WHOLE OR IN PART ANY THIRD PARTY FOR INJURY, LOSS OR DAMAGE INCURRED DIRECTLY OR INDIRECTLY AS A RESULT OF INCORPORATION OF ANY COC INTO THE TECHNICAL PUBLICATIONS ISSUED OR CAUSED TO BE ISSUED BY THE SELLER, THE BUYER AGREES TO DEFEND, INDEMNIFY OR HOLD HARMLESS THE SELLER AND/OR THE MANUFACTURER FOR ALL PAYMENTS OR SETTLEMENTS MADE IN RESPECT OF SUCH INJURY, LOSS OR DAMAGE INCLUDING ANY EXPENSES INCURRED BY THE SELLER AND/OR THE MANUFACTURER IN DEFENDING SUCH CLAIMS, PROVIDED THAT THE BUYER IS PROVIDED AN OPPORTUNITY TO ASSUME THE DEFENSE AND/OR A SETTLEMENT OF SUCH CLAIM. THIS INDEMNIFICATION BY THE BUYER WILL IN NO EVENT BE AFFECTED BY ANY WRITTEN OR ORAL COMMUNICATION THAT THE SELLER OR THE MANUFACTURER MAY MAKE TO THE BUYER IN RESPECT OF SUCH DOCUMENTATION.
14.5.3.8 The price for the incorporation of any COC as aforesaid will be invoiced to performed under the Buyer under conditions specified in the Seller's then current Support Customer Services Price Catalog. ***.
Appears in 1 contract
Samples: Purchase Agreement (Fedex Corp)
Customer Originated Changes. 14.5.3.1 Buyer-originated data documented in the Buyer's own Request for Publication Change ("14.4.3.1 Customer Originated Changes" or "Changes (COC") data may be introduced incorporated into the following customized Technical Publications:
(i) Data and Documentation: - Aircraft Maintenance Manual (ii) - Illustrated Parts Catalog (iii) - Trouble Shooting Manual (iv) - Wiring Manual (Schematics, Wirings, Lists)
14.5.3.2 The ) COC data will be established by the Buyer will issue COC in accordance with the provisions of according to the "Guidelines for Customer Originated Changes" issued by the Seller and Seller. The COC data will label such data be labeled "COC."
14.5.3.3 " to show that they are Buyer originated. The Seller will use all reasonable efforts endeavor to introduce the incorporate COC data into the relevant customized Technical Publications as soon as possible Data and Documentation within two (2) revisions following the receipt of complete and accurate data for processing, but no later than two (2) revisions after submission of the COC.
14.5.3.4 . COC data will be incorporated by the Seller in all affected customized Technical PublicationsData and Documentation, unless the Buyer specifies in writing to the Seller into which Technical Publications Data and Documentation the COC data will be incorporated. The customized Technical Publications Data and Documentation into which the COC data are incorporated will only show the Aircraft configuration that reflects the COC data and not the configuration before incorporation of such the COC data.
14.5.3.5 14.4.3.2 The Buyer will ensure that any such COC data have received prior agreement from its local Aviation Authorities.
14.4.3.3 The Buyer hereby acknowledges and accepts that the incorporation of any COC into the Technical Publication issued by or caused to be Data and Documentation issued by the Seller will be entirely at the Buyer's risk. Accordingly, the Seller will be under no liability whatsoever in respect of either the engineering contents of any COC, including any omissions or inaccuracies therein, or the effect that the incorporation of such COC may have on the Technical Publications.
14.5.3.6 Data and Documentation. The Seller will not be required to check any COC data submitted for incorporation as aforementionedaforesaid. Further, and the Buyer will ensure acknowledges full liability for the effects, including all related costs, that any COC may have on all COC data submitted for incorporation into a Technical Publication have received prior approval from its local airworthiness authoritysubsequent Service Bulletins and modifications.
14.5.3.7 IN THE EVENT THAT THE SELLER AND/OR THE MANUFACTURER IS REQUIRED UNDER ANY COURT ORDER OR SETTLEMENT TO INDEMNIFY IN WHOLE OR IN PART ANY THIRD PARTY FOR INJURY14.4.3.4 In the event that the Seller is required under any judgment or settlement to indemnify any third party for injury, LOSS OR DAMAGE INCURRED DIRECTLY OR INDIRECTLY AS A RESULT OF INCORPORATION OF ANY loss or damage incurred directly or indirectly as a result of incorporation of any COC INTO THE TECHNICAL PUBLICATIONS ISSUED OR CAUSED TO BE ISSUED BY THE SELLERinto the Technical Data and Documentation issued by the Seller, THE BUYER AGREES TO DEFENDthe Buyer agrees to reimburse the Seller for all payments or settlements made in respect of such injury, INDEMNIFY OR HOLD HARMLESS THE SELLER AND/OR THE MANUFACTURER FOR ALL PAYMENTS OR SETTLEMENTS MADE IN RESPECT OF SUCH INJURYloss or damage including any expenses (including reasonable legal fees) incurred by the Seller in defending such claims, LOSS OR DAMAGE INCLUDING ANY EXPENSES INCURRED BY THE SELLER AND/OR THE MANUFACTURER IN DEFENDING SUCH CLAIMS*. The Seller's liability will in no event be affected by any communication, PROVIDED THAT THE BUYER IS PROVIDED AN OPPORTUNITY TO ASSUME THE DEFENSE AND/OR A SETTLEMENT OF SUCH CLAIM. THIS INDEMNIFICATION BY THE BUYER WILL IN NO EVENT BE AFFECTED BY ANY WRITTEN OR ORAL COMMUNICATION THAT THE SELLER OR THE MANUFACTURER MAY MAKE TO THE BUYER IN RESPECT OF SUCH DOCUMENTATIONwhether written or oral, that the Seller may make to the Buyer with respect to such documentation.
14.5.3.8 14.4.3.5 The price for Seller's costs with respect to the incorporation of any COC as aforesaid will be invoiced to the Buyer under conditions specified in ASCO's Customer Services Catalog in effect at the Sellertime of the Buyer's then current Support Services Price Catalog. ***request for incorporation.
Appears in 1 contract
Customer Originated Changes. 14.5.3.1 Buyer-originated data documented in the Buyer's own Request for Publication Change ("14.9.1 Data on Customer Originated Changes" or "COC") Changes may be introduced incorporated into the following Technical Data when customized Technical Publications:
(i) to the Buyer’s - Aircraft Maintenance Manual (ii) - Illustrated Parts Catalog (iii) - Trouble Shooting Manual (iv) - Aircraft Wiring Manual (Schematics, Wirings, Lists)- Aircraft Schematics Manual - Aircraft Wiring Lists - Flight Crew Operating Manual - Quick Reference Handbook
14.5.3.2 The 14.9.2 COC data will be developed by the Buyer will issue COC in accordance with according to the provisions of the "Guidelines “Customer Guide for Customer Originated Changes" ” issued by the Seller and Seller. The Buyer will label ensure that any such COC data "COC."
14.5.3.3 The Seller will use all reasonable efforts to introduce is in compliance with the COC into the relevant Technical Publications as soon as possible following the receipt of complete and accurate data for processing, but no later than two (2) revisions after submission requirements of the COC.
14.5.3.4 FAA. COC data will be incorporated by the Seller in into all affected customized Technical Publications, Data unless the Buyer specifies in writing to the Seller documents into which Technical Publications the Buyer desires the COC data will to be incorporated. The Following incorporation of the COC into the customized Technical Publications into which Data, the COC data are incorporated relevant Technical Data will show only show the Aircraft aircraft configuration that reflects the COC data and not the configuration before incorporation of such COC data.data are incorporated. ** Confidential Treatment Requested. USA — Amended and Restated Airbus A350 XWB Purchase Agreement PA — 64 of 109 EXECUTION PRIVILEGED AND CONFIDENTIAL
14.5.3.5 (i) The Buyer hereby acknowledges and accepts that the incorporation of any COC data into the Technical Publication issued by or caused to be Data issued by the Seller will be entirely at the Buyer's ’s sole risk. Accordingly, that the Seller will be under have no obligation to check the COC data for accuracy or validity, and that the Seller will have no liability whatsoever in with respect of either to (a) the engineering contents of any COC, COC data (including any omissions or inaccuracies therein, or the ) (b) any effect that the incorporation of such COC data may have on the Technical PublicationsData or (c) any costs of any nature that the COC data may add to subsequent Service Bulletins or modifications.
14.5.3.6 The Seller will not be required to check any COC data submitted for incorporation as aforementioned, and the Buyer will ensure that all COC data submitted for incorporation into a Technical Publication have received prior approval from its local airworthiness authority.
14.5.3.7 IN THE EVENT THAT (ii) THE SELLER AND/HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR THE MANUFACTURER IS REQUIRED UNDER LIABILITIES, EXPRESSED OR IMPLIED, ORAL OR WRITTEN, ARISING BY LAW, COURSE OF DEALING OR OTHERWISE, AND WITHOUT LIMITATION ALL WARRANTIES AS TO QUALITY, OPERATION, MERCHANTABILITY, FITNESS FOR ANY COURT ORDER INTENDED PURPOSE, AND ALL OTHER CHARACTERISTICS WHATSOEVER, INCLUDING ANY OMISSIONS OR SETTLEMENT TO INDEMNIFY IN WHOLE OR IN PART ANY THIRD PARTY FOR INJURYINACCURACIES THEREIN, LOSS OR DAMAGE INCURRED DIRECTLY OR INDIRECTLY AS A RESULT OF INCORPORATION OF ANY COC DATA INCORPORATED INTO THE TECHNICAL PUBLICATIONS ISSUED OR CAUSED TO BE DATA ISSUED BY THE SELLER, THE BUYER AGREES TO DEFEND, INDEMNIFY OR HOLD HARMLESS THE SELLER AND/OR THE MANUFACTURER FOR ALL PAYMENTS OR SETTLEMENTS MADE IN RESPECT OF SUCH INJURY, LOSS OR DAMAGE INCLUDING ANY EXPENSES INCURRED BY THE SELLER AND/OR THE MANUFACTURER IN DEFENDING SUCH CLAIMS, PROVIDED THAT THE BUYER IS PROVIDED AN OPPORTUNITY TO ASSUME THE DEFENSE AND/OR A SETTLEMENT OF SUCH CLAIM. THIS INDEMNIFICATION BY THE BUYER WILL IN NO EVENT BE AFFECTED BY ANY WRITTEN OR ORAL COMMUNICATION THAT THE SELLER OR THE MANUFACTURER MAY MAKE TO THE BUYER IN RESPECT OF SUCH DOCUMENTATION.
14.5.3.8 (iii) The price Buyer will indemnify and hold the Seller harmless from and against any losses (including reasonable attorneys’ fees) arising from claims by any third party for injury, loss or damage incurred directly or indirectly as a result of the incorporation of any COC data into the Technical Data issued by the Seller.
(iv) If the Buyer sells, leases or otherwise transfers any Aircraft to which the COC data apply:
(a) the Buyer will remain fully liable for the COC data and any and all effects of their incorporation, as aforesaid set forth in this Clause 14.9;
(b) the Seller may disclose the COC data to the subsequent owner(s) or operator(s) of the transferred Aircraft;
(c) it will be invoiced the sole responsibility of the Buyer to notify, or cause notification to be made to, the subsequent owner(s) or operator(s) of the existence of the such COC data in the Technical Data applicable to the Buyer under conditions specified corresponding Aircraft. The Seller hereby disclaims any and all liabilities whatsoever for the COC data in the Seller's then current Support Services Price Catalog. ***event of transfer, sale or lease of any Aircraft to which COC data apply.
Appears in 1 contract
Samples: Airbus A350 XWB Purchase Agreement (Us Airways Inc)
Customer Originated Changes. 14.5.3.1 Buyer-originated data documented in the Buyer's own Request for Publication Change ("14.9.1 Data on Customer Originated Changes" or "Changes (COC") may be introduced incorporated into the following Technical Data customized Technical Publications:
(i) to the Buyer: - Aircraft Maintenance Manual (ii) and associated products - Illustrated Parts Catalog (iii) - Trouble Shooting Manual (iv) - Aircraft Wiring Manual (Schematics, Wirings, Lists)- Aircraft Schematics Manual - Aircraft Wiring Lists - Flight Crew Operating Manual - Quick Reference Handbook Spirit Airlines - A320 FAMILY - PA 52
14.5.3.2 The 14.9.2 COC data will be developed by the Buyer will issue COC in accordance with the provisions of according to the "Guidelines for Customer Originated Changes" issued by the Seller and Seller. The Buyer will label ensure that any such COC data "COC."
14.5.3.3 The Seller will use all reasonable efforts to introduce is in compliance with the COC into the relevant Technical Publications as soon as possible following the receipt requirements of complete and accurate data for processing, but no later than two (2) revisions after submission of the COC.
14.5.3.4 its local Aviation Authorities. COC data will be incorporated by the Seller in all affected the customized Technical Publications, Data listed in Clause 14.9.1 unless the Buyer specifies in writing to the Seller into which customized Technical Publications Data the Buyer desires that the COC data will be incorporated. The customized Technical Publications into which Following incorporation of the COC data are incorporated as requested by the Buyer, the relevant customized Technical Data will show only show the Aircraft aircraft configuration that reflects the COC data and not the configuration before incorporation of such the COC data.
14.5.3.5 14.9.3 The Buyer hereby acknowledges and accepts that the incorporation of any COC into the Technical Publication issued by or caused to be issued by the Seller Data will be entirely at the Buyer's sole risk. Accordingly, and the Seller will be under have no liability whatsoever in with respect of either to: (a) the engineering contents of any COC, COC (including any omissions or inaccuracies therein, or the ) (b) any effect that the incorporation of such COC may have on the Technical Publications.
14.5.3.6 Data or (c) any costs of any nature that any COC may have on all subsequent Service Bulletins and modifications. The Seller will not be required to check the accuracy or validity of any COC data submitted for incorporation into the Technical Data.
14.9.4 The Buyer will indemnify and hold the Seller harmless from and against any losses (including reasonable attorneys' fees) arising from claims by any third party for injury, loss or damage incurred directly or indirectly as aforementioneda result of incorporation of any COC into the Technical Data issued by the Seller.
14.9.5 No liability on the part of the Seller will arise, and no obligations of the Buyer under the foregoing Clause 14.9.4 will be reduced, by any communication, whether written or oral, between the Seller and the Buyer will ensure that all with respect to COC data submitted for or the incorporation of such data into a the Technical Publication have received prior approval from its local airworthiness authorityData.
14.5.3.7 IN THE EVENT THAT THE SELLER AND/OR THE MANUFACTURER IS REQUIRED UNDER ANY COURT ORDER OR SETTLEMENT TO INDEMNIFY IN WHOLE OR IN PART ANY THIRD PARTY FOR INJURY, LOSS OR DAMAGE INCURRED DIRECTLY OR INDIRECTLY AS A RESULT OF INCORPORATION OF ANY COC INTO THE TECHNICAL PUBLICATIONS ISSUED OR CAUSED TO BE ISSUED BY THE SELLER, THE BUYER AGREES TO DEFEND, INDEMNIFY OR HOLD HARMLESS THE SELLER AND/OR THE MANUFACTURER FOR ALL PAYMENTS OR SETTLEMENTS MADE IN RESPECT OF SUCH INJURY, LOSS OR DAMAGE INCLUDING ANY EXPENSES INCURRED BY THE SELLER AND/OR THE MANUFACTURER IN DEFENDING SUCH CLAIMS, PROVIDED THAT THE BUYER IS PROVIDED AN OPPORTUNITY TO ASSUME THE DEFENSE AND/OR A SETTLEMENT OF SUCH CLAIM. THIS INDEMNIFICATION BY THE BUYER WILL IN NO EVENT BE AFFECTED BY ANY WRITTEN OR ORAL COMMUNICATION THAT THE SELLER OR THE MANUFACTURER MAY MAKE TO THE BUYER IN RESPECT OF SUCH DOCUMENTATION.
14.5.3.8 14.9.6 The price for Seller's costs with respect to the incorporation of any COC as aforesaid will be invoiced to the Buyer under conditions specified in ANACS' Customer Services Catalog in effect at the Sellertime of the Buyer's then current Support Services Price Catalog. ***request for incorporation.
Appears in 1 contract
Customer Originated Changes. 14.5.3.1 Buyer-originated data documented in 14.10.1 At the Buyer's own Request for Publication Change ("’s request, the Seller will incorporate Customer Originated Changes" or "Changes (COC") may be introduced into the following customized Technical Publications:
(i) Data: – Aircraft Maintenance Manual (ii) and associated products – Illustrated Parts Catalog (iii) – Trouble Shooting Manual (iv) – Aircraft Wiring Manual – Aircraft Schematics Manual – Aircraft Wiring Lists – Flight Crew Operating Manual – Quick Reference Handbook
14.10.2 COC data will be developed by the Buyer according to the “Customer Guide for Customer Originated Changes (Schematics, Wirings, ListsCOC)
14.5.3.2 ” issued by the Seller. The Buyer will issue ensure that any such COC data are in accordance compliance with the provisions requirements of the "Guidelines for Customer Originated Changes" issued its local Aviation Authorities. COC data will be incorporated by the Seller in the customized Technical Data listed in Clause 14.10.1 unless the Buyer specifies in writing into which customized Technical Data the Buyer desires that the COC data be incorporated. Following incorporation of the COC data as requested by the Buyer, the relevant customized Technical Data will show only the aircraft configuration that reflects the COC data and will label such data "COC."
14.5.3.3 not the configuration before incorporation of the COC data. The Seller will use all reasonable efforts to introduce the COC into the relevant Technical Publications Data as soon as possible following the receipt of complete and accurate data for processing, but no later than two (2) revisions after submission of the COC.
14.5.3.4 . The COC data will be incorporated by the Seller in all affected customized Technical Publications, unless the Buyer specifies in writing to the Seller into which Technical Publications the COC data will be incorporatedlabeled as such. The customized method of labeling varies from Technical Publications into Data document to Technical Data document, which the COC data are incorporated will only show the Aircraft configuration that reflects the COC data and not the configuration before incorporation of such COC datais explained in each Technical Data document.
14.5.3.5 14.10.3 The Buyer hereby acknowledges and accepts that the incorporation of any COC into the Technical Publication issued by or caused to Data will be issued by at the Buyer’s sole risk, and the Seller will be entirely at the Buyer's risk. Accordingly, the Seller will be under have no liability whatsoever in with respect of either to: (a) the engineering contents of any COCCOC (including, including but not limited to, any omissions or inaccuracies therein, or the ) (b) any effect that the incorporation of such COC may have on the Technical Publications.
14.5.3.6 Data or (c) any costs of any nature that any COC may have on all subsequent Service Bulletins and modifications. The Seller will not be required to check the accuracy or validity of any COC data submitted for incorporation into the Technical Data
14.10.4 [***] except in the case of [***] as aforementioneda result of incorporation of any COC into the Technical Data issued by the Seller.
14.10.5 [***], no liability on the part of the Seller will arise by any communication, whether written or oral, between the Seller and the Buyer will ensure that all with respect to COC data submitted for or the incorporation of such data into a the Technical Publication have received prior approval from its local airworthiness authorityData.
14.5.3.7 IN THE EVENT THAT THE SELLER AND/OR THE MANUFACTURER IS REQUIRED UNDER ANY COURT ORDER OR SETTLEMENT TO INDEMNIFY IN WHOLE OR IN PART ANY THIRD PARTY FOR INJURY, LOSS OR DAMAGE INCURRED DIRECTLY OR INDIRECTLY AS A RESULT OF INCORPORATION OF ANY COC INTO THE TECHNICAL PUBLICATIONS ISSUED OR CAUSED TO BE ISSUED BY THE SELLER, THE BUYER AGREES TO DEFEND, INDEMNIFY OR HOLD HARMLESS THE SELLER AND/OR THE MANUFACTURER FOR ALL PAYMENTS OR SETTLEMENTS MADE IN RESPECT OF SUCH INJURY, LOSS OR DAMAGE INCLUDING ANY EXPENSES INCURRED BY THE SELLER AND/OR THE MANUFACTURER IN DEFENDING SUCH CLAIMS, PROVIDED THAT THE BUYER IS PROVIDED AN OPPORTUNITY TO ASSUME THE DEFENSE AND/OR A SETTLEMENT OF SUCH CLAIM. THIS INDEMNIFICATION BY THE BUYER WILL IN NO EVENT BE AFFECTED BY ANY WRITTEN OR ORAL COMMUNICATION THAT THE SELLER OR THE MANUFACTURER MAY MAKE TO THE BUYER IN RESPECT OF SUCH DOCUMENTATION.
14.5.3.8 14.10.6 The price for Seller’s costs with respect to the incorporation of any COC as aforesaid will be invoiced to the Buyer under conditions specified in ANACS’ Customer Services Catalog in effect at the Seller's then current Support Services Price Catalog. ***time of the Buyer’s request for incorporation.
Appears in 1 contract
Samples: Purchase Agreement (Flyi Inc)
Customer Originated Changes. 14.5.3.1 Buyer-originated data documented in the Buyer's own Request for Publication Change ("14.9.1 Data on Customer Originated Changes" or "COC") Changes may be introduced incorporated into the following Technical Data when customized Technical Publications:
(i) to the Buyer’s – Aircraft Maintenance Manual (ii) – Illustrated Parts Catalog (iii) – Trouble Shooting Manual (iv) – Aircraft Wiring Manual (Schematics, Wirings, Lists)– Aircraft Schematics Manual – Aircraft Wiring Lists – Flight Crew Operating Manual – Quick Reference Handbook
14.5.3.2 The 14.9.2 COC data will be developed by the Buyer will issue COC in accordance with according to the provisions of the "Guidelines “Customer Guide for Customer Originated Changes" ” issued by the Seller and Seller. The Buyer will label ensure that any such COC data "COC."
14.5.3.3 The Seller will use all reasonable efforts to introduce is in compliance with the COC into the relevant Technical Publications as soon as possible following the receipt of complete and accurate data for processing, but no later than two (2) revisions after submission requirements of the COC.
14.5.3.4 FAA. COC data will be incorporated by the Seller in into all affected customized Technical Publications, Data unless the Buyer specifies in writing to the Seller documents into which Technical Publications the Buyer desires the COC data will to be incorporated. The Following incorporation of the COC into the customized Technical Publications into which Data, the COC data are incorporated relevant Technical Data will show only show the Aircraft aircraft configuration that reflects the COC data and not the configuration before incorporation of such COC datadata are incorporated.
14.5.3.5 (i) The Buyer hereby acknowledges and accepts that the incorporation of any COC data into the Technical Publication issued by or caused to be Data issued by the Seller will be entirely at the Buyer's ’s sole risk. Accordingly, that the Seller will be under have no obligation to check the COC data for accuracy or validity, and that the Seller will have no liability whatsoever in with respect of either to (a) the engineering contents of any COC, COC data (including any omissions or inaccuracies therein, or the ) (b) any effect that the incorporation of such COC data may have on the Technical PublicationsData or (c) any costs of any nature that the COC data may add to subsequent Service Bulletins or modifications.
14.5.3.6 The Seller will not be required to check any COC data submitted for incorporation as aforementioned, and the Buyer will ensure that all COC data submitted for incorporation into a Technical Publication have received prior approval from its local airworthiness authority.
14.5.3.7 IN THE EVENT THAT (ii) THE SELLER AND/HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR THE MANUFACTURER IS REQUIRED UNDER LIABILITIES, EXPRESSED OR IMPLIED, ORAL OR WRITTEN, ARISING BY LAW, COURSE OF DEALING OR OTHERWISE, AND WITHOUT LIMITATION ALL WARRANTIES AS TO QUALITY, OPERATION, MERCHANTABILITY, FITNESS FOR ANY COURT ORDER INTENDED PURPOSE, AND ALL OTHER USA — Airbus A330 Purchase Agreement EXECUTION PRIVILEGED AND CONFIDENTIAL **Confidential Treatment Requested. CHARACTERISTICS WHATSOEVER, INCLUDING ANY OMISSIONS OR SETTLEMENT TO INDEMNIFY IN WHOLE OR IN PART ANY THIRD PARTY FOR INJURYINACCURACIES THEREIN, LOSS OR DAMAGE INCURRED DIRECTLY OR INDIRECTLY AS A RESULT OF INCORPORATION OF ANY COC DATA INCORPORATED INTO THE TECHNICAL PUBLICATIONS ISSUED OR CAUSED TO BE DATA ISSUED BY THE SELLER, THE BUYER AGREES TO DEFEND, INDEMNIFY OR HOLD HARMLESS THE SELLER AND/OR THE MANUFACTURER FOR ALL PAYMENTS OR SETTLEMENTS MADE IN RESPECT OF SUCH INJURY, LOSS OR DAMAGE INCLUDING ANY EXPENSES INCURRED BY THE SELLER AND/OR THE MANUFACTURER IN DEFENDING SUCH CLAIMS, PROVIDED THAT THE BUYER IS PROVIDED AN OPPORTUNITY TO ASSUME THE DEFENSE AND/OR A SETTLEMENT OF SUCH CLAIM. THIS INDEMNIFICATION BY THE BUYER WILL IN NO EVENT BE AFFECTED BY ANY WRITTEN OR ORAL COMMUNICATION THAT THE SELLER OR THE MANUFACTURER MAY MAKE TO THE BUYER IN RESPECT OF SUCH DOCUMENTATION.
14.5.3.8 (iii) The price Buyer will indemnify and hold the Seller harmless from and against any losses (including reasonable attorneys’ fees) arising from claims by any third party for injury, loss or damage incurred directly or indirectly as a result of the incorporation of any COC data into the Technical Data issued by the Seller.
(iv) If the Buyer sells, leases or otherwise transfers any Aircraft to which the COC data apply:
(a) the Buyer will remain fully liable for the COC data and any and all effects of their incorporation, as aforesaid set forth in this Clause 14.9;
(b) the Seller may disclose the COC data to the subsequent owner(s) or operator(s) of the transferred Aircraft;
(c) it will be invoiced the sole responsibility of the Buyer to notify, or cause notification to be made to, the subsequent owner(s) or operator(s) of the existence of the such COC data in the Technical Data applicable to the Buyer corresponding Aircraft. The Seller hereby disclaims any and all liabilities whatsoever for the COC data in the event of transfer, sale or lease of any Aircraft to which COC data apply.
14.9.4 The incorporation of any COC will be performed under the conditions specified in the Seller's ’s then current Support Customer Services Price Catalog. ***.
Appears in 1 contract
Samples: Purchase Agreement (Us Airways Inc)