Common use of Engine Warranty Clause in Contracts

Engine Warranty. 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 Trent 1000 type engine(s), including all Modules and Parts thereof as such terms are defined in the Warranty, installed in the Aircraft at the time of delivery or purchased from Boeing by Customer for support of the Aircraft (Engine(s)) except that, if Customer and Rolls-Royce plc have executed an Engine general terms agreement (Engine GTA), then the terms of that Engine GTA 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 there from. 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 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 Engine(s) except as otherwise expressly assumed by Rolls-Royce plc in such Warranty or Engine GTA 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 applicable Engine purchase contract between Rolls-Royce plc and Boeing. Copies of the Rolls-Royce plc Warranty shall be provided to Customer by Boeing upon request. * Confidential material omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. XXX-XX-00000-XX0 XX0 Page 5 XXX-XX-00000-XXX0 SLP1 Page 1 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 AGTA and is a part of Purchase Agreement No. PA-03659.

Engine Warranty. Boeing has obtained from Rolls-Royce plc the right to extend to Customer the provisions of Rolls-Royce plc's ’s warranty agreement (herein referred to as the “Warranty”); subject, however, to Customer's ’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 Trent 1000 type engine(s), including all Modules and Parts thereof as such terms are defined in the Warranty, installed in the Aircraft at the time of delivery or purchased from Boeing by Customer for support of the Aircraft (Engine(s)) except that, if Customer and Rolls-Royce plc have executed an Engine general terms agreement (Engine GTA), then the terms of that Engine GTA 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 there fromtherefrom. In consideration for Boeing's ’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 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 Engine(s) except as otherwise expressly assumed by Rolls-Royce plc in such Warranty or Engine GTA 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 applicable Engine purchase contract between Rolls-Royce plc and Boeing. Copies of the Rolls-Royce plc Warranty shall be provided to Customer by Boeing upon request. * Confidential material omitted P.A. No. 3256 EE1 - 4 P.A. No. 3256 EE1 1. [***] ENGINE ESCALATION. The Aircraft Basic Price of each Aircraft set forth in each Table 1 of the Purchase Agreement includes an aggregate price for General Electric Aircraft GEnx series engines and filed separately all accessories, equipment and parts provided by the engine manufacturer (Engines). The adjustment in Engine Price applicable to each Aircraft (Engine Price Adjustment) will be determined at the time of Aircraft delivery in accordance with the Securities and Exchange Commission pursuant to a request for confidential treatmentfollowing formula: Pa = (P) (L + M) – P Where: Pa = Engine Price Adjustment. XXXP = Engine Price per Aircraft (as set forth in each Table 1 of this Purchase Agreement). L = .65 x [(ECI x (ECI-XX-00000R ECIb) ECI-XX0 XX0 Page 5 XXX-XX-00000-XXX0 SLP1 Page 1 This Rb)] Where: ECIb is the listing base year engine escalation index ([***] as set forth in each Table 1 of SLP Components this Purchase Agreement); ECI is the three-month arithmetic average value of [***]for October, November, and December [***], using ECI,MFG (BLS Series ID ECU12402I); ECI-Rb is the three-month arithmetic average value of 100.0 for October, November, and December [***], using the ECI – NAICS Manufacturing (BLS Series ID CIU2013000000000I); and ECI-R 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 nearest tenth) using the values for the Aircraft which relate to Part 311th, Boeing Service Life Policy of Exhibit C12th, Product Assurance Document and 13th months prior to the AGTA and is a part month of Purchase Agreement No. PA-03659.scheduled

Engine Warranty. Boeing has obtained from Rolls-Royce plc [***] the right to extend to Customer the provisions of Rolls-Royce plc[***]'s warranty agreement as set forth below (herein referred to as the Warranty); 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 Warranty[***]'s Warranty as hereinafter set forth, and such Warranty shall will apply to all Trent 1000 [***] type engine(s), engines (including all Modules and Parts thereof thereof), as such terms are defined in the Warranty, Warranty ([***] type Engines) installed in the Aircraft at the time of delivery or purchased from Boeing by Customer for support of the Aircraft (Engine(s)) except that, if Customer and Rolls-Royce plc [***] have executed an Engine executed, or hereinafter execute, a general terms agreement (Engine GTA), then the terms of that the Engine GTA shall will be substituted for and supersede the provisions of the Warranty and the Warranty shall will be of no force or effect and neither Boeing nor Rolls-Royce plc shall [***] will have any obligation arising there from. 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 [***] type 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 Engine(s) except as otherwise expressly assumed by Rolls-Royce plc in such Warranty or Engine GTA 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 contained in the Warranty and Product Support Plan set forth in Exhibit C to the applicable Engine purchase contract between Rolls-Royce plc [***] and Boeing. Copies of the Rolls-Royce plc Warranty shall and Product Support Plan will be provided to Customer by Boeing upon request. * [***] Confidential material treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatmentCommission. XXX-XX-00000-XX0 XX0 Page 5 XXX-XX-00000-XXX0 SLP1 Page 1 This is the listing of SLP Components [***] Confidential treatment has been requested for the Aircraft which relate to Part 3, Boeing Service Life Policy of Exhibit C, Product Assurance Document to bracketed portions. The confidential redacted portion has been omitted and filed separately with the AGTA Securities and is a part of Purchase Agreement No. PA-03659Exchange Commission.

Engine Warranty. Boeing has obtained from Rolls-Royce plc General Electric Company (GE) the right to extend to Customer the provisions of Rolls-Royce plcGE's warranty agreement as set forth below (herein referred to as the "Warranty"); 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 as hereinafter set forth, and such Warranty shall apply to all Trent 1000 GEnx type engine(s), engines (including all Modules and Parts thereof thereof), as such terms are defined in the Warranty, Warranty (GEnx type Engines) installed in the Aircraft at the time of delivery or purchased from Boeing by Customer for support of the Aircraft (Engine(s)) except that, if Customer and Rolls-Royce plc GE have executed an Engine executed, or hereinafter execute, a general terms agreement (Engine GTA), then the terms of that the Engine GTA 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 GE shall have any obligation arising there fromtherefrom. In consideration for Boeing's extension of the GE 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 GEnx type 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 Engine(s) except as otherwise expressly assumed by Rolls-Royce plc in such Warranty or Engine GTA 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 contained in the Warranty and Product Support Plan set forth in Exhibit C to the applicable Engine 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. * Confidential material omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. XXXJanuary 20, 2006 6-XX-000001162-XX0 XX0 Page 5 XXX-XX-00000-XXX0 SLP1 Page 1 This is the listing of SLP Components for the MSA-547R1 Continental Airlines, Inc. 0000 Xxxxx Xxxxxx Houston, TX 77002 Subject: Option Aircraft which relate to Part 3, Boeing Service Life Policy of Exhibit C, Product Assurance Document to the AGTA and is a part of Reference: Purchase Agreement No2484 (the Purchase Agreement) between The Boeing Company (Boeing) and Continental Airlines, Inc. (Customer) relating to Model 787-8 aircraft (the Aircraft) Ladies and Gentlemen: This Letter Agreement amends and supplements the Purchase Agreement. PA-03659This Letter Agreement supersedes and replaces in its entirety Letter Agreement 6-1162-MSA-547 dated June 30, 2005. All terms used but not defined in this Letter Agreement have the same meaning as in the Purchase Agreement. Boeing agrees to manufacture and sell to Customer up to [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] additional Model 787-8 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).

Engine Warranty. Boeing has obtained from Rolls-Royce plc General Electric Company (GE) the right to extend to Customer the provisions of Rolls-Royce plcGE's warranty agreement as set forth below (herein referred to as the Warranty); 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 as hereinafter set forth, and such Warranty shall will apply to all Trent 1000 GEnx type engine(s), engines (including all Modules and Parts thereof thereof), as such terms are defined in the Warranty, Warranty (GEnx type Engines) installed in the Aircraft at the time of delivery or purchased from Boeing by Customer for support of the Aircraft (Engine(s)) except that, if Customer and Rolls-Royce plc GE have executed an Engine executed, or hereinafter execute, a general terms agreement (Engine GTA), then the terms of that the Engine GTA shall will be substituted for and supersede the provisions of the Warranty and the Warranty shall will be of no force or effect and neither Boeing nor Rolls-Royce plc shall GE will have any obligation arising there from. In consideration for Boeing's extension of the GE 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 GEnx type Engines and Customer hereby waives releases and renounces all its rights in all such claims, obligations and liabilities. In addition, Customer hereby releases “[***]” This information is subject to confidential treatment and discharges Rolls-Royce plc from any has been omitted and all claims, obligations and liabilities whatsoever arising out of filed separately with the purchase or use of such Engine(s) except as otherwise expressly assumed by Rolls-Royce plc in such Warranty or Engine GTA between Customer and Rolls-Royce plc and Customer hereby waives, releases and renounces all its rights in all such claims, obligations and liabilities. commission XXXX Terms Updates LA Page 39 The Rolls-Royce plc Warranty is contained in the Warranty and Product Support Plan set forth in Exhibit C to the applicable Engine purchase contract between Rolls-Royce plc GE and Boeing. Copies of the Rolls-Royce plc Warranty shall and Product Support Plan will be provided to Customer by Boeing upon request. * Confidential material “[***]” This information is subject to confidential treatment and has been omitted and filed separately with the Securities commission “[***]” This information is subject to confidential treatment and Exchange Commission pursuant to a request for confidential treatment. XXX-XX-00000-XX0 XX0 has been omitted and filed separately with the commission XXXX Terms Updates LA Page 5 XXX-XX-00000-XXX0 SLP1 Page 1 41 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 AGTA and is a part of Purchase Agreement No. PA-03659PA-04455.

Engine Warranty. Boeing has obtained from Rolls-Royce plc GE the right to extend to Customer the provisions of Rolls-Royce plcGE's warranty agreement as set forth below (herein referred to as the Warranty); 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 as hereinafter set forth, and such Warranty shall apply to all Trent 1000 GEnx type engine(s), engines (including all Modules and Parts thereof thereof), as such terms are defined in the Warranty, Warranty (GEnx type Engines) installed in the Aircraft at the time of delivery or purchased from Boeing by Customer for support of the Aircraft (Engine(s)) except that, if Customer and Rolls-Royce plc GE have executed an Engine executed, or hereinafter execute, a general terms agreement (Engine GTA), then the terms of that the Engine GTA 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 GE shall have any obligation arising there from. In consideration for Boeing's extension of the GE 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 GEnx type 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 Engine(s) except as otherwise expressly assumed by Rolls-Royce plc in such Warranty or Engine GTA 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 contained in the Warranty and Product Support Plan set forth in Exhibit C to the applicable Engine 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. * Confidential material omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. XXX-XX-00000-XX0 XX0 Page 5 * Confidential material omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. XXX-XX-00000-XXX0 SLP1 XX0 XX0 Page 1 This is 1 1. [*] * Confidential material omitted and filed separately with the listing of SLP Components Securities and Exchange Commission pursuant to a request for confidential treatment. XXX-XX-00000-XX0 XX0 Page 2 [*] * Confidential material omitted and filed separately with the Aircraft which relate Securities and Exchange Commission pursuant to Part a request for confidential treatment. XXX-XX-00000-XX0 XX0 Page 3, Boeing Service Life Policy of Exhibit C, Product Assurance Document 2. [*] * Confidential material omitted and filed separately with the Securities and Exchange Commission pursuant to the AGTA and is a part of Purchase Agreement Norequest for confidential treatment. PA-03659.XXX-XX-00000-XX0 XX0 Page 4 [*]

Engine Warranty. 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 Trent 1000 type engine(s), including all Modules and Parts thereof as such terms are defined in the Warranty, installed in the Aircraft at the time of delivery or purchased from Boeing by Customer for support of the Aircraft (Engine(s)) except that, if Customer and Rolls-Royce plc have executed an Engine general terms agreement (Engine GTA), then the terms of that Engine GTA 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 there fromtherefrom. 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 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 Engine(s) except as otherwise expressly assumed by Rolls-Royce plc in such Warranty or Engine GTA 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 applicable Engine purchase contract between Rolls-Royce plc and Boeing. Copies of the Rolls-Royce plc Warranty shall be provided to Customer by Boeing upon request. * Confidential material omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. XXX-XX-00000-XX0 XX0 Page 5 XXX-XX-00000-XXX0 SLP1 Page 1 This is the listing of SLP Covered Components for the Aircraft which relate to Part 3, Boeing Service Life Policy of Exhibit C, Product Assurance Document to the AGTA and is a part of Purchase Agreement No. PA-036592484.