Common use of ENGINE WARRANTY AND PRODUCT SUPPORT PLAN Clause in Contracts

ENGINE WARRANTY AND PRODUCT SUPPORT PLAN. 2.1 Boeing has obtained from Rolls-Royce plc the right to extend to Customer the provisions of Rolls-Royce plc's Warranty Agreement (herein referred to as the "Warranty"); subject, however, to Customer's acceptance of the conditions set forth therein. Accordingly, Boeing hereby extends to Customer and Customer hereby accepts the provisions of the Warranty, and such Warranty shall apply to all RB211 Trent Type Engine(s) (including all Modules and Parts thereof) installed in the Aircraft at the time of delivery or purchased from Boeing by Customer for support of the Aircraft except that, if Customer and Rolls-Royce plc have executed a General Terms Agreement or other agreement for the support of the Engines, then the terms of that agreement shall be substituted for and supersede the provisions of the Warranty and the Warranty shall be of no force or effect and neither Boeing nor Rolls-Royce plc shall have any obligation arising therefrom. In consideration for Boeing's extension of the Warranty to Customer, Customer hereby releases and discharges Boeing from any and all claims, obligations and liabilities whatsoever arising out of the purchase or use of such RB211 Trent Engine(s) and Customer hereby waives, releases and renounces all its rights in all such claims, obligations and liabilities. In addition, Customer hereby releases and discharges Rolls-Royce plc from any and all claims, obligations and liabilities whatsoever arising out of the purchase or use of such RB211 Trent Type Engine(s) except as otherwise expressly assumed by Rolls-Royce plc in such Warranty or General Terms Agreement or other agreement for the support of the Engines between Customer and Rolls-Royce plc, and Customer hereby waives, releases and renounces all its rights in all such claims, obligations and liabilities. The Rolls-Royce plc Warranty is set forth in Exhibit C to the RB211 Trent Type Engine Purchase Contract dated May 31, 1990 between Rolls-Royce plc and Boeing. Copies of the Rolls-Royce plc Warranty shall be provided to Customer by Boeing upon request. 2.2 Notwithstanding anything to the contrary in Section 2.1, all of the terms and conditions of Section 2.1 shall be deemed null and void and of no force or effect upon written notice to Boeing from Customer that Customer has entered into a General Terms Agreement or other agreement for the support of the Engines directly with Rolls-Royce plc. Such notice shall specifically reference this Section 2. EE1-B-3 293 6-1162-AKP-070 American Airlines, Inc. P.O. Xxx 000000 Xxxxxx-Xxxx Xxxxx Xxxxxxx, Xxxxx 00000-0000 Xubject: Miscellaneous Commitments for Model 737, 757, 767 and 777 Aircraft Reference: Purchase Agreement Nos. 1977, 1978, 1979, and 1980 (collectively, the Purchase Agreements) between The Boeing Company and American Airlines, Inc. relating to Model 737, 757, 767 and 777 aircraft, respectively This letter agreement (Letter Agreement) is entered into on the date below, and amends and supplements each Purchase Agreement. All capitalized terms used herein but not otherwise defined in this Letter Agreement have the same meaning as in the applicable Purchase Agreement.

Appears in 1 contract

Samples: Aircraft General Terms Agreement (Amr Corp)

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ENGINE WARRANTY AND PRODUCT SUPPORT PLAN. 2.1 Boeing has obtained from Rolls-Royce plc GE the right to extend to Customer the provisions of Rolls-Royce plc's GE’s warranty and product support plan (Warranty Agreement (herein referred to as the "Warranty"and Product Support Plan); subject, however, to Customer's ’s acceptance of the conditions set forth thereinherein and in such Warranty and Product Support Plan. Accordingly, Boeing hereby extends to Customer and Customer hereby accepts the provisions of the WarrantyGE’s Warranty and Product Support Plan, and such Warranty and Product Support Plan shall apply to all RB211 Trent Type Engine(s) (CF6 turbofan engines including all Modules and Parts thereof, as these terms are defined in the Warranty and Product Support Plan, (Engines) installed in the Aircraft at the time of delivery or purchased from Boeing by Customer for support of the Aircraft except that, if Customer and Rolls-Royce plc GE have executed a General Terms Agreement or other general terms agreement for the support of the Engines(Engine GTA), then the terms of that agreement the Engine GTA shall be substituted for and supersede the below-stated provisions of the Warranty and the Warranty such provisions shall be of no force or effect and neither Boeing nor Rolls-Royce plc GE shall have any obligation arising therefrom. In consideration for Boeing's ’s extension of the GE Warranty and Product Support Plan to Customer, Customer hereby releases and discharges Boeing from any and all claims, obligations and liabilities whatsoever arising out of the purchase or use of such RB211 Trent Engine(s) the Engines and Customer hereby waives, waives releases and renounces all its rights in all such claims, obligations and liabilities. In addition, Customer hereby releases and discharges Rolls-Royce plc from any and all claims, obligations and liabilities whatsoever arising out of the purchase or use of such RB211 Trent Type Engine(s) except as otherwise expressly assumed by Rolls-Royce plc in such Warranty or General Terms Agreement or other agreement for the support of the Engines between Customer and Rolls-Royce plc, and Customer hereby waives, releases and renounces all its rights in all such claims, obligations and liabilities[ * ]. The Rolls-Royce plc Warranty and Product Support Plan is set forth in Exhibit C to the RB211 Trent Type Engine Purchase Contract dated May 31, 1990 applicable purchase contract between Rolls-Royce plc GE and Boeing. Copies of the Rolls-Royce plc Warranty and Product Support Plan shall be provided to Customer by Boeing upon request. 2.2 Notwithstanding anything . * Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. FED-PA-03712-EE1 December 12, 2011 Page 4 FED-PA-03712-SLP1 December 12, 2011 Page 1 BOEING MODEL 767-3S2F AIRCRAFT This is the listing of SLP Components for the Aircraft which relate to Part 3, Boeing Service Life Policy of Exhibit C, Product Assurance Document to the contrary in Section 2.1, all AGTA and is a part of the terms and conditions of Section 2.1 shall be deemed null and void and of no force or effect upon written notice to Boeing from Customer that Customer has entered into a General Terms Agreement or other agreement for the support of the Engines directly with Rolls-Royce plc. Such notice shall specifically reference this Section 2. EE1-B-3 293 6-1162-AKP-070 American Airlines, Inc. P.O. Xxx 000000 Xxxxxx-Xxxx Xxxxx Xxxxxxx, Xxxxx 00000-0000 Xubject: Miscellaneous Commitments for Model 737, 757, 767 and 777 Aircraft Reference: Purchase Agreement NosNo. 1977, 1978, 1979, and 1980 (collectively, the Purchase Agreements) between The Boeing Company and American Airlines, Inc. relating to Model 737, 757, 767 and 777 aircraft, respectively This letter agreement (Letter Agreement) is entered into on the date below, and amends and supplements each Purchase Agreement. All capitalized terms used herein but not otherwise defined in this Letter Agreement have the same meaning as in the applicable Purchase Agreement3712.

Appears in 1 contract

Samples: Purchase Agreement (Fedex Corp)

ENGINE WARRANTY AND PRODUCT SUPPORT PLAN. 2.1 Boeing has obtained from Rolls-Royce plc GE the right to extend to Customer the provisions of Rolls-Royce plcGE's warranty and product support plan (Warranty Agreement (herein referred to as the "Warranty"and Product Support Plan); subject, however, to Customer's acceptance of the conditions set forth thereinherein and in such Warranty and Product Support Plan. Accordingly, Boeing hereby extends to Customer and Customer hereby accepts the provisions of the WarrantyGE's Warranty and Product Support Plan, and such Warranty and Product Support Plan shall apply to all RB211 Trent Type Engine(s) (CF6 turbofan engines including all Modules and Parts thereof, as these terms are defined in the Warranty and Product Support Plan, (Engines) installed in the Aircraft at the time of delivery or purchased from Boeing by Customer for support of the Aircraft except that, if Customer and Rolls-Royce plc GE have executed a General Terms Agreement or other general terms agreement for the support of the Engines(Engine GTA), then the terms of that agreement the Engine GTA shall be substituted for and supersede the below-stated provisions of the Warranty and the Warranty such provisions shall be of no force or effect and neither Boeing nor Rolls-Royce plc GE shall have any obligation arising therefrom. In consideration for Boeing's extension of the GE Warranty and Product Support Plan to Customer, Customer hereby releases and discharges Boeing from any and all claims, obligations and liabilities whatsoever arising out of the purchase or use of such RB211 Trent Engine(s) and Customer hereby waives, releases and renounces all its rights in all such claims, obligations and liabilities. In addition, Customer hereby releases and discharges Rolls-Royce plc from any and all claims, obligations and liabilities whatsoever arising out of the purchase or use of such RB211 Trent Type Engine(s) except as otherwise expressly assumed by Rolls-Royce plc in such Warranty or General Terms Agreement or other agreement for the support of the Engines between Customer and Rolls-Royce plc, and Customer hereby waives, releases and renounces all its rights in all such claims, obligations and liabilities. The Rolls-Royce plc Warranty and Product Support Plan is set forth in Exhibit C to the RB211 Trent Type Engine Purchase Contract dated May 31, 1990 applicable purchase contract between Rolls-Royce plc GE and Boeing. Copies of the Rolls-Royce plc Warranty and Product Support Plan shall be provided to Customer by Boeing upon request. 2.2 Notwithstanding anything . SERVICE LIFE POLICY COMPONENTS between THE BOEING COMPANY and KLM ROYAL DUTCH AIRLINES Supplemental Exhibit SLP1 to Purchase Agreement Number 2399 COVERED SERVICE LIFE COMPONENTS relating to BOEING MODEL 777 AIRCRAFT This is the listing of Covered Components for the Aircraft which relate to Part 3, Boeing Service Life Policy of Exhibit C, Product Assurance Document to the contrary in Section 2.1, all AGTA and is a part of the terms and conditions of Section 2.1 shall be deemed null and void and of no force or effect upon written notice to Boeing from Customer that Customer has entered into a General Terms Agreement or other agreement for the support of the Engines directly with Rolls-Royce plc. Such notice shall specifically reference this Section 2. EE1-B-3 293 6-1162-AKP-070 American Airlines, Inc. P.O. Xxx 000000 Xxxxxx-Xxxx Xxxxx Xxxxxxx, Xxxxx 00000-0000 Xubject: Miscellaneous Commitments for Model 737, 757, 767 and 777 Aircraft Reference: Purchase Agreement NosNo. 1977, 1978, 1979, and 1980 (collectively, the Purchase Agreements) between The Boeing Company and American Airlines, Inc. relating to Model 737, 757, 767 and 777 aircraft, respectively This letter agreement (Letter Agreement) is entered into on the date below, and amends and supplements each Purchase Agreement. All capitalized terms used herein but not otherwise defined in this Letter Agreement have the same meaning as in the applicable Purchase Agreement2399.

Appears in 1 contract

Samples: Purchase Agreement (KLM Royal Dutch Airlines)

ENGINE WARRANTY AND PRODUCT SUPPORT PLAN. 2.1 Boeing has obtained from Rolls-Royce plc GE the right to extend to Customer the provisions of Rolls-Royce plcGE's warranty and product support plan (Warranty Agreement (herein referred to as the "Warranty"and Product Support Plan); subject, however, to Customer's acceptance of the conditions set forth thereinherein and in such Warranty and Product Support Plan. Accordingly, Boeing hereby extends to Customer and Customer hereby accepts the provisions of the WarrantyGE's Warranty and Product Support Plan, and such Warranty and Product Support Plan shall apply to all RB211 Trent Type Engine(s) (GE90 turbofan engines including all Modules and Parts thereof, as these terms are defined in the Warranty and Product Support Plan, (Engines) installed in the Aircraft at the time of delivery or purchased from Boeing by Customer for support of the Aircraft except that, if Customer and Rolls-Royce plc GE have executed a General Terms Agreement or other general terms agreement for the support of the Engines(Engine GTA), then the terms of that agreement the Engine GTA shall be substituted for and supersede the below-stated provisions of the Warranty and the Warranty such provisions shall be of no force or effect and neither Boeing nor Rolls-Royce plc GE shall have any obligation arising therefrom. In consideration for Boeing's extension of the GE Warranty and Product Support Plan to Customer, Customer hereby releases and discharges Boeing from any and all claims, obligations and liabilities whatsoever arising out of the purchase or use of such RB211 Trent Engine(s) and Customer hereby waives, releases and renounces all its rights in all such claims, obligations and liabilities. In addition, Customer hereby releases and discharges Rolls-Royce plc from any and all claims, obligations and liabilities whatsoever arising out of the purchase or use of such RB211 Trent Type Engine(s) except as otherwise expressly assumed by Rolls-Royce plc in such Warranty or General Terms Agreement or other agreement for the support of the Engines between Customer and Rolls-Royce plc, and Customer hereby waives, releases and renounces all its rights in all such claims, obligations and liabilities. The Rolls-Royce plc Warranty and Product Support Plan is set forth in Exhibit C to the RB211 Trent Type Engine Purchase Contract dated May 31, 1990 applicable purchase contract between Rolls-Royce plc GE and Boeing. Copies of the Rolls-Royce plc Warranty and Product Support Plan shall be provided to Customer by Boeing upon request. 2.2 Notwithstanding anything to the contrary in Section 2.1. December 3, all of the terms and conditions of Section 2.1 shall be deemed null and void and of no force or effect upon written notice to Boeing from Customer that Customer has entered into a General Terms Agreement or other agreement for the support of the Engines directly with Rolls2007 2061-Royce plc. Such notice shall specifically reference this Section 2. EE1-B-3 293 6-1162-AKP-070 American 1R9 Continental Airlines, Inc. P.O. Xxx 000000 Xxxxxx-Xxxx 0000 Xxxxx XxxxxxxXxxxxx Houston, Xxxxx 00000-0000 XubjectTX 77002 Subject: Miscellaneous Commitments for Model 737, 757, 767 and 777 Option Aircraft Reference: Purchase Agreement NosNo. 1977, 1978, 1979, and 1980 2061 (collectively, the Purchase AgreementsAgreement) between The Boeing Company (Boeing) and American Continental Airlines, Inc. (Customer) relating to Model 737, 757, 767 777-200ER aircraft (the Aircraft) Ladies and 777 aircraft, respectively Gentlemen: This letter agreement (Letter Agreement) is entered into on the date below, and Agreement amends and supplements each the Purchase Agreement. All capitalized terms used herein but not otherwise defined in this Letter Agreement have the same meaning as in the applicable Purchase Agreement. This Letter Agreement supersedes and replaces in its entirety Letter Agreement 2061-1R8 dated July 28, 2005. Boeing agrees to manufacture and sell to Customer additional Model 777-200ER aircraft as Option Aircraft. The delivery months, number of aircraft, Advance Payment Base Price per aircraft and advance payment schedule are listed in the Attachment to this Letter Agreement (the Attachment).

Appears in 1 contract

Samples: Supplemental Agreement (Continental Airlines Inc /De/)

ENGINE WARRANTY AND PRODUCT SUPPORT PLAN. 2.1 Boeing has obtained from Rolls-Royce plc the right to extend to Customer the provisions of Rolls-Royce plc's Warranty Agreement (herein referred to as the Agreement, "WarrantyRB211-535E4 Power Plant Warranty Agreement"); , reference RR/TBC ED, subject, however, to Customer's acceptance of the conditions set forth therein. Accordingly, Boeing hereby extends to Customer Customer, and Customer hereby accepts that the provisions of the Warranty, and such Warranty Agreement shall apply to all RB211 Trent Type Engine(s) (including all Modules and Parts thereof) Power Plants installed in the Aircraft at the time of delivery, provided that Customer may, by notice given to Boeing and Rolls-Royce plc prior to the delivery or purchased from Boeing by Customer for support of the Aircraft except thatAircraft, if elect to substitute for such Warranty Agreement any corresponding warranty included either in a General Terms Agreement currently effective between Customer and Rolls-Royce plc have executed or in a General Terms Agreement or other agreement contract for the support of the Engines, then the terms of that agreement shall be substituted for and supersede the provisions of the Warranty and the Warranty shall be of no force or effect and neither Boeing nor sale by Rolls-Royce plc shall have any obligation arising therefromto Customer of Power Plants. In consideration for Boeing's extension of the Warranty to Customersuch extension, Customer hereby releases and discharges Boeing from any and all claims, obligations and liabilities whatsoever arising out of the purchase or use of such RB211 Trent Engine(s) said installed Power Plants and Customer hereby waives, releases and renounces all its rights in all such claims, obligations and liabilities. In addition, Customer hereby releases and discharges Rolls-Royce plc from any and all claims, obligations and liabilities whatsoever arising out of the purchase or use of such RB211 Trent Type Engine(s) said installed Power Plants except as otherwise expressly assumed by Rolls-Royce plc in such Warranty or General Terms Agreement or other agreement for the support of the Engines Purchase Contract referenced RR/CAL/DEG 2124 dated December 7, 1993 between Customer and Rolls-Royce plc, and Customer hereby waives, releases and renounces all its rights in all such claims, obligations and liabilities. The Rolls-Royce plc Warranty is set forth in Exhibit C to the RB211 Trent Type Engine Purchase Contract dated May 31, 1990 between Rolls-Royce plc and Boeing. Copies of the Rolls-Royce plc this Warranty shall Agreement may be provided to Customer by Boeing upon request. 2.2 Notwithstanding anything to the contrary in Section 2.1, all of the terms and conditions of Section 2.1 shall be deemed null and void and of no force or effect upon written notice to Boeing obtained directly from Customer that Customer has entered into a General Terms Agreement or other agreement for the support of the Engines directly with Rolls-Royce plc. Such notice shall specifically reference this Section 2. EE1March 29, 2002 2333-B-3 293 6-1162-AKP-070 American 02 Continental Airlines, Inc. P.O. Xxx 000000 Xxxxxx-Xxxx 0000 Xxxxx XxxxxxxXxxxxx Houston, Xxxxx 00000-0000 XubjectTX 77002 Subject: Miscellaneous Commitments for Model 737, 757, 767 and 777 Aircraft Installation of Cabin Systems Equipment Reference: Purchase Agreement NosNo. 1977, 1978, 1979, and 1980 2333 (collectively, the Purchase AgreementsAgreement) between The Boeing Company (Boeing) and American Continental Airlines, Inc. (Customer) relating to Model 737, 757, 767 -324 aircraft (the Aircraft) Ladies and 777 aircraft, respectively Gentlemen: This letter agreement (Letter Agreement) is entered into on the date below, and Agreement amends and supplements each the Purchase Agreement. All capitalized terms used herein but not otherwise defined in this Letter Agreement have the same meaning as in the applicable Purchase Agreement.. Customer has requested that Boeing install in the Aircraft the inflight entertainment and cabin communications systems (IFE/CCS) described in Attachment A to this Letter Agreement. Because of the complexity of the IFE/CCS, special attention and additional resources will be required during the development, integration, certification, and manufacture of the Aircraft to achieve proper operation of the IFE/CCS at the time of delivery of the Aircraft. To assist Customer, Boeing will perform the functions of project manager (the Project Manager) as set forth in Attachment B.

Appears in 1 contract

Samples: Supplemental Agreement (Continental Airlines Inc /De/)

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ENGINE WARRANTY AND PRODUCT SUPPORT PLAN. 2.1 Boeing has obtained from Rolls-Royce plc GE the right to extend to Customer the provisions of Rolls-Royce plcGE's warranty and product support plan (Warranty Agreement (herein referred to as the "Warranty"and Product Support Plan); subject, however, to Customer's acceptance of the conditions set forth thereinherein and in such Warranty and Product Support Plan. Accordingly, Boeing hereby extends to Customer and Customer hereby accepts the provisions of the WarrantyGE's Warranty and Product Support Plan, and such Warranty and Product Support Plan shall apply to all RB211 Trent Type Engine(s) (CF6 turbofan engines including all Modules and Parts thereof, as these terms are defined in the Warranty and Product Support Plan, (Engines) installed in the Aircraft at the time of delivery or purchased from Boeing by Customer for support of the Aircraft except that, if Customer and Rolls-Royce plc GE have executed a General Terms Agreement or other general terms agreement for the support of the Engines(Engine GTA), then the terms of that agreement the Engine GTA shall be substituted for and supersede the below-stated provisions of the Warranty and the Warranty such provisions shall be of no force or effect and neither Boeing nor Rolls-Royce plc GE shall have any obligation arising therefrom. In consideration for Boeing's extension of the GE Warranty and Product Support Plan to Customer, Customer hereby releases and discharges Boeing from any and all claims, obligations and liabilities whatsoever arising out of the purchase or use of such RB211 Trent Engine(s) and Customer hereby waives, releases and renounces all its rights in all such claims, obligations and liabilities. In addition, Customer hereby releases and discharges Rolls-Royce plc from any and all claims, obligations and liabilities whatsoever arising out of the purchase or use of such RB211 Trent Type Engine(s) except as otherwise expressly assumed by Rolls-Royce plc in such Warranty or General Terms Agreement or other agreement for the support of the Engines between Customer and Rolls-Royce plc, and Customer hereby waives, releases and renounces all its rights in all such claims, obligations and liabilities. The Rolls-Royce plc Warranty and Product Support Plan is set forth in Exhibit C to the RB211 Trent Type Engine Purchase Contract dated May 31, 1990 applicable purchase contract between Rolls-Royce plc GE and Boeing. Copies of the Rolls-Royce plc Warranty and Product Support Plan shall be provided to Customer by Boeing upon request. 2.2 Notwithstanding anything 1. [***]. Airframe and Optional Features price adjustments (Airframe Price Adjustment) are used to allow prices to be stated in current year dollars at the signing of this Purchase Agreement and to adjust the amount to be paid by Customer at delivery for the effects of economic fluctuation. The Airframe Price Adjustment will be determined at the time of Aircraft delivery in accordance with the following formula: Pa = (P) (L + M) - P Where: Pa = Airframe Price Adjustment. P = Airframe Price plus the price of the Optional Features (as set forth in Table 13 of this Purchase Agreement). L = .65 x (ECI ECIb) Where: ECIb is the base year airframe escalation index (computed as the three month arithmetic average value of 106.8 for June, July and August [***] as set forth in Table 13 of this Purchase Agreement); ECI is a value determined using the U.S. Department of Labor, Bureau of Labor Statistics, Employment Cost Index for NAICS Manufacturing – Total Compensation (BLS Series ID CIU2013000000000I), calculated by establishing a three-month arithmetic average value (expressed as a decimal and rounded to the contrary nearest tenth) using the values for the 11th, 12th, and 13th months prior to the month of scheduled delivery of the applicable Aircraft. As the Employment Cost Index values are only released on a quarterly basis, the value released for the first quarter will be used for the months of January, February, and March; the value released for the second quarter will be used for the months of April, May, and June; the value released for the third quarter will be used for the months of July, August, and September; the value released for the fourth quarter will be used for the months of October, November, and December. M = .35 x (CPI CPIb ) Where: CPIb is the base year airframe escalation index (computed as the three month arithmetic average value of 215.6 for June, July and August of 2009 as set forth in Section 2.1Table 13 of this Purchase Agreement); and CPI is a value determined using the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index – All Urban Consumers (BLS Series ID CUUR0000SA0), calculated as a three (3) month arithmetic average of the released monthly values (expressed as a decimal and rounded to the nearest tenth) using the values for the 11th, 12th, and 13th months prior to the month of scheduled delivery of the applicable Aircraft. As an example, for an Aircraft scheduled to be delivered in the month of July, the months of June, July, and August of the preceding year will be utilized in determining the value of ECI and CPI. i. In determining the values of L and M, all of calculations and resulting values will be expressed as a decimal rounded to the terms and conditions of Section 2.1 shall be deemed null and void and of no force or effect upon written notice to Boeing from Customer that Customer has entered into a General Terms Agreement or other agreement for the support of the Engines directly with Rollsnearest ten-Royce plc. Such notice shall specifically reference this Section 2. EE1-B-3 293 6-1162-AKP-070 American Airlines, Inc. P.O. Xxx 000000 Xxxxxx-Xxxx Xxxxx Xxxxxxx, Xxxxx 00000-0000 Xubject: Miscellaneous Commitments for Model 737, 757, 767 and 777 Aircraft Reference: Purchase Agreement Nos. 1977, 1978, 1979, and 1980 (collectively, the Purchase Agreements) between The Boeing Company and American Airlines, Inc. relating to Model 737, 757, 767 and 777 aircraft, respectively This letter agreement (Letter Agreement) is entered into on the date below, and amends and supplements each Purchase Agreement. All capitalized terms used herein but not otherwise defined in this Letter Agreement have the same meaning as in the applicable Purchase Agreementthousandth.

Appears in 1 contract

Samples: Supplemental Agreement (Lan Airlines SA)

ENGINE WARRANTY AND PRODUCT SUPPORT PLAN. 2.1 Boeing has obtained from Rolls-Royce plc GE the right to extend to Customer the provisions of Rolls-Royce plcGE's Warranty Agreement (herein referred to as the "Warranty")and Product Support Plan; subject, however, to Customer's acceptance of the conditions set forth thereinherein. Accordingly, Boeing hereby extends to Customer and Customer hereby accepts the provisions of the WarrantyGE's Warranty and Product Support Plan hereinafter set forth, and such Warranty and Product Support Plan shall apply to all RB211 Trent Type Engine(s) (CF6 turbofan engines including all Modules and Parts thereofthereof (Engines) installed in the Aircraft at the time of delivery or purchased from Boeing by Customer for support of the Aircraft except that, if Customer and Rolls-Royce plc GE have executed a General Terms Agreement or other agreement for the support of covering the Engines, then the terms of that agreement Agreement shall be substituted for and supersede the below-stated provisions of the Warranty and the Warranty such provisions shall be of no force or effect and neither Boeing nor Rolls-Royce plc GE shall have any obligation arising therefrom. In consideration for Boeing's extension of the GE Warranty and Product Support Plan to Customer, Customer hereby releases and discharges Boeing from any and all claims, obligations and liabilities whatsoever arising out of the purchase or use of such RB211 Trent Engine(s) CF6 turbofan engines and Customer hereby waives, releases and renounces all its rights in all such claims, obligations and liabilities. In addition, Customer hereby releases and discharges Rolls-Royce plc from any and all claims, obligations and liabilities whatsoever arising out of the purchase or use of such RB211 Trent Type Engine(s) except as otherwise expressly assumed by Rolls-Royce plc in such Warranty or General Terms Agreement or other agreement for the support provisions in paragraphs 2.1 (i) and 2.1 (iv) of the Engines between Customer and Rolls-Royce plc, and Customer hereby waives, releases and renounces all its rights in all such claims, obligations and liabilities. The Rolls-Royce plc Warranty is set forth in Part 2 to Exhibit C to the RB211 Trent Type Engine AGTA. [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] between THE BOEING COMPANY and CONTINENTAL AIRLINES, INC. Supplemental Exhibit [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] to Purchase Contract dated May 31, 1990 between Rolls-Royce plc and Boeing. Copies Agreement Number 2060 [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] relating to BOEING MODEL 767 AIRCRAFT This is the listing of Covered Components for the Rolls-Royce plc Warranty shall be provided Aircraft which relate to Customer by Boeing upon request. 2.2 Notwithstanding anything [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] Product Assurance Document to the contrary in Section 2.1, all AGTA and is a part of the terms and conditions of Section 2.1 shall be deemed null and void and of no force or effect upon written notice to Boeing from Customer that Customer has entered into a General Terms Agreement or other agreement for the support of the Engines directly with Rolls-Royce plc. Such notice shall specifically reference this Section 2. EE1-B-3 293 6-1162-AKP-070 American Airlines, Inc. P.O. Xxx 000000 Xxxxxx-Xxxx Xxxxx Xxxxxxx, Xxxxx 00000-0000 Xubject: Miscellaneous Commitments for Model 737, 757, 767 and 777 Aircraft Reference: Purchase Agreement NosNo. 1977, 1978, 1979, and 1980 (collectively, the Purchase Agreements) between The Boeing Company and American Airlines, Inc. relating to Model 737, 757, 767 and 777 aircraft, respectively This letter agreement (Letter Agreement) is entered into on the date below, and amends and supplements each Purchase Agreement. All capitalized terms used herein but not otherwise defined in this Letter Agreement have the same meaning as in the applicable Purchase Agreement2060.

Appears in 1 contract

Samples: Purchase Agreement (Continental Airlines Inc /De/)

ENGINE WARRANTY AND PRODUCT SUPPORT PLAN. 2.1 Boeing has obtained from Rolls-Royce plc GE the right to extend to Customer the provisions of Rolls-Royce plc's GE’s warranty and product support plan (Warranty Agreement (herein referred to as the "Warranty"and Product Support Plan); subject, however, to Customer's ’s acceptance of the conditions set forth thereinherein and in such Warranty and Product Support Plan. Accordingly, Boeing hereby extends to Customer and Customer hereby accepts the provisions of the WarrantyGE’s Warranty and Product Support Plan, and such Warranty and Product Support Plan shall apply to all RB211 Trent Type Engine(s) (CF6 turbofan engines including all Modules and Parts thereof, as these terms are defined in the Warranty and Product Support Plan, (Engines) installed in the Aircraft at the time of delivery or purchased from Boeing by Customer for support of the Aircraft except that, if Customer and Rolls-Royce plc GE have executed a General Terms Agreement or other general terms agreement for the support of the Engines(Engine GTA), then the terms of that agreement the Engine GTA shall be substituted for and supersede the below-stated provisions of the Warranty and the Warranty such provisions shall be of no force or effect and neither Boeing nor Rolls-Royce plc GE shall have any obligation arising therefrom. In consideration for Boeing's ’s extension of the GE Warranty and Product Support Plan to Customer, Customer hereby releases and discharges Boeing from any and all claims, obligations and liabilities whatsoever arising out of the purchase or use of such RB211 Trent Engine(s) the Engines and Customer hereby waives, waives releases and renounces all its rights in all such claims, obligations and liabilities. In addition, Customer hereby releases and discharges Rolls-Royce plc from any and all claims, obligations and liabilities whatsoever arising out of the purchase or use of such RB211 Trent Type Engine(s) except as otherwise expressly assumed by Rolls-Royce plc in such Warranty or General Terms Agreement or other agreement for the support of the Engines between Customer and Rolls-Royce plc, and Customer hereby waives, releases and renounces all its rights in all such claims, obligations and liabilities[ * ]. The Rolls-Royce plc Warranty and Product Support Plan is set forth in Exhibit C to the RB211 Trent Type Engine Purchase Contract dated May 31, 1990 applicable purchase contract between Rolls-Royce plc GE and Boeing. Copies of the Rolls-Royce plc Warranty and Product Support Plan shall be provided to Customer by Boeing upon request. 2.2 Notwithstanding anything . * 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. FED-PA-03712-EE1 December 12, 2011 FED-PA-03712-SLP1 December 12, 2011 This is the listing of SLP Components for the Aircraft which relate to Part 3, Boeing Service Life Policy of Exhibit C, Product Assurance Document to the contrary in Section 2.1, all AGTA and is a part of the terms and conditions of Section 2.1 shall be deemed null and void and of no force or effect upon written notice to Boeing from Customer that Customer has entered into a General Terms Agreement or other agreement for the support of the Engines directly with Rolls-Royce plc. Such notice shall specifically reference this Section 2. EE1-B-3 293 6-1162-AKP-070 American Airlines, Inc. P.O. Xxx 000000 Xxxxxx-Xxxx Xxxxx Xxxxxxx, Xxxxx 00000-0000 Xubject: Miscellaneous Commitments for Model 737, 757, 767 and 777 Aircraft Reference: Purchase Agreement NosNo. 1977, 1978, 1979, and 1980 (collectively, the Purchase Agreements) between The Boeing Company and American Airlines, Inc. relating to Model 737, 757, 767 and 777 aircraft, respectively This letter agreement (Letter Agreement) is entered into on the date below, and amends and supplements each Purchase Agreement. All capitalized terms used herein but not otherwise defined in this Letter Agreement have the same meaning as in the applicable Purchase Agreement3712.

Appears in 1 contract

Samples: Purchase Agreement (Fedex Corp)

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