EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES. has been the subject of discussion and negotiation and is understood by the parties; the Aircraft Price and other agreements of the parties stated in this Purchase Agreement were arrived at in consideration of such provisions. This Purchase Agreement, including the AGTA, contains the entire agreement between the parties and supersedes all previous proposals, understandings, commitments or representations whatsoever, oral or written, and may be changed only in writing signed by authorized representatives of the parties. AGREED AND ACCEPTED this October 10, 2012 Date THE BOEING COMPANY ALASKA AIRLINES, INC. /s/ Xxxxxx Xxxxx /s/ Xxxx Xxxxxxx Signature Signature Xxxxxx Xxxxx Xxxx Xxxxxxx Printed name Printed name Attorney-in-Fact VP/Finance & Treasurer Title Title P.A. 3866 October 10, 2012 Table 1A To Purchase Agreement No. PA-03866 Aircraft Delivery, Description, Price and Advance Payments [***] * Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Table 1A To Purchase Agreement No. PA-03866 Aircraft Delivery, Description, Price and Advance Payments [***] * Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Table 1A To Purchase Agreement No. PA-03866 Aircraft Delivery, Description, Price and Advance Payments [***] * Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Table 1B To Purchase Agreement No. PA-03866 Aircraft Delivery, Description, Price and Advance Payments [***] * Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Table 1B To Purchase Agreement No. PA-03866 Aircraft Delivery, Description, Price and Advance Payments [***] * Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Table 1B To Purchase Agreement No. PA-03866 Aircraft Delivery, Description, Price and Advance Payments [***] * Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. ASP-PA-03866 60691-1F.TXT Boeing Propriety Page 3 AIRCRAFT CONFIGURATION between THE BOEING COMPANY and ALASKA AIRLINES, INC. Exhibit A-1 to Purchase Agreement Number 3866 BOEING MODEL 737-8 AIRCRAFT P.A. 3866 October 10, 2012 AIRCRAFT CONFIGURATION Dated TBD relating to
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EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES. has been the subject of discussion and negotiation and is understood by the parties; the Aircraft Price and other agreements of the parties stated in this Purchase Agreement were arrived at in consideration of such provisions. This Purchase Agreement, including the AGTA, contains the entire agreement between the parties and supersedes all previous proposals, understandings, commitments or representations whatsoever, oral or written, and may be changed only in writing signed by authorized representatives of the parties. BOEING PROPRIETARY AGREED AND ACCEPTED this October 10, 2012 14 December 2011 Date THE BOEING COMPANY ALASKA AIRLINES, INC. FEDERAL EXPRESS CORPORATION /s/ Xxxxxx Xxxxx XXXXXX X. XXXX /s/ Xxxx Xxxxxxx XXXXXXX X. XXXX Signature Signature Xxxxxx Xxxxx X. Xxxx Xxxxxxx X. Xxxx Printed name Printed name Attorney-in-Fact VP/Finance & Treasurer Vice President Title Title P.A. 3866 October 10FED-PA-03712 December 12, 2012 Table 1A To Purchase Agreement No. PA-03866 Aircraft Delivery, Description, Price and Advance Payments [***] * Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Table 1A To Purchase Agreement No. PA-03866 Aircraft Delivery, Description, Price and Advance Payments [***] * Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Table 1A To Purchase Agreement No. PA-03866 Aircraft Delivery, Description, Price and Advance Payments [***] * Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Table 1B To Purchase Agreement No. PA-03866 Aircraft Delivery, Description, Price and Advance Payments [***] * Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Table 1B To Purchase Agreement No. PA-03866 Aircraft Delivery, Description, Price and Advance Payments [***] * Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Table 1B To Purchase Agreement No. PA-03866 Aircraft Delivery, Description, Price and Advance Payments [***] * Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. ASP-PA-03866 60691-1F.TXT Boeing Propriety 2011 Page 3 6 BOEING PROPRIETARY AIRCRAFT CONFIGURATION between THE BOEING COMPANY and ALASKA AIRLINES, INC. FEDERAL EXPRESS CORPORATION Exhibit A-1 A to Purchase Agreement Number 3866 3712 BOEING MODEL 737-8 AIRCRAFT P.A. 3866 October 10, 2012 PROPRIETARY Exhibit A AIRCRAFT CONFIGURATION Dated TBD relating toto BOEING MODEL 767-3S2F AIRCRAFT The initial configuration of Customer’s 767-3S2F Aircraft is based on the Boeing configuration specification 767-300 Freighter D019T002, revision K, dated as of April 30, 2011. Final configuration of the 767-32SF Aircraft will be completed at a later date pursuant to the configuration schedule included in the Open Configuration Matters Letter Agreement FED-PA-03712-LA-1106155. Boeing and Customer will execute a supplemental agreement to the Purchase Agreement on or before [ * ], which will reflect incorporation into Exhibit A of the Purchase Agreement, those optional features which have been agreed to by Customer and Boeing. * 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. BOEING PROPRIETARY This page is intentionally left blank until Final Configuration of the Aircraft. BOEING PROPRIETARY AIRCRAFT DELIVERY REQUIREMENTS AND RESPONSIBILITIES between THE BOEING COMPANY and FEDERAL EXPRESS CORPORATION Exhibit B to Purchase Agreement Number 3712 BOEING PROPRIETARY Exhibit B AIRCRAFT DELIVERY REQUIREMENTS AND RESPONSIBILITIES relating to BOEING MODEL 767-3S2F AIRCRAFT Both Boeing and Customer have certain documentation and approval responsibilities at various times during the construction cycle of Customer’s Aircraft that are critical to making the delivery of each Aircraft a positive experience for both parties. This Exhibit B documents those responsibilities and indicates recommended completion deadlines for the actions to be accomplished.
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Samples: Letter Agreement (Fedex Corp)
EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES. has been the subject of discussion and negotiation and is understood by the parties; the Aircraft Price and other agreements of the parties stated in this Purchase Agreement were arrived at in consideration of such provisions. This Purchase Agreement, including the AGTA, contains the entire agreement between the parties and supersedes all previous proposals, understandings, commitments or representations whatsoever, oral or written, and may be changed only in writing signed by authorized representatives of the parties. AGREED AND ACCEPTED this October 10DATED AS OF December 29, 2012 Date 2004 CONTINENTAL airlines, inc. By: /s/ Xxxxxx Xxxxxxxx Its: Senior Vice President - Finance & Treasurer THE BOEING COMPANY ALASKA AIRLINES, INC. By: /s/ Xxxxxx Xxxxx /s/ Xxxx Xxxxxxx Signature Signature Xxxxxx Xxxxx Xxxx Xxxxxxx Printed name Printed name X. Xxxxxxxx ITS: Attorney-inIn-Fact VP/Finance & Treasurer Title Title P.A. 3866 October 10, 2012 Table 1A To 1 Purchase Agreement No. PA-03866 2484 Aircraft Delivery, Description, Price and Advance Payments (787-8 / [***CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] * Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. 2004 $s [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] Table 1A To 1 Purchase Agreement No. PA-03866 2484 Aircraft Delivery, Description, Price and Advance Payments (787-8 / [***CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] * Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Table 1A To Purchase Agreement No. PA-03866 Aircraft Delivery, Description, Price and Advance Payments 2004 $s [***CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] * Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Table 1B To Purchase Agreement No. PA-03866 Aircraft Delivery, Description, Price and Advance Payments [***] * Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Table 1B To Purchase Agreement No. PA-03866 Aircraft Delivery, Description, Price and Advance Payments [***] * Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Table 1B To Purchase Agreement No. PA-03866 Aircraft Delivery, Description, Price and Advance Payments [***] * Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. ASP-PA-03866 60691-1F.TXT Boeing Propriety Page 3 @PA/EXA# AIRCRAFT CONFIGURATION between THE BOEING COMPANY and ALASKA CONTINENTAL AIRLINES, INC. Exhibit A-1 A to Purchase Agreement Number 3866 2484 Exhibit A to Purchase Agreement No. 2484 AIRCRAFT CONFIGURATION Dated June 30, 2005 relating to BOEING MODEL 737787-8 AIRCRAFT P.A. 3866 October 10The Airframe Price in Table 1 was established utilizing the 787 Airplane Description and Selections 787B1-0227 Revision E dated March 2, 2012 2005 and YS6308-E dated March 2, 2005 for 270 passenger interior. The content of this Exhibit A will be defined pursuant to the provisions of Letter Agreement 6-1162-MSA-546R1, Open Configuration Matters, to the Purchase Agreement. AIRCRAFT CONFIGURATION Dated TBD DELIVERY REQUIREMENTS AND RESPONSIBILITIES between THE BOEING COMPANY and continental airlines, inc. Exhibit B to Purchase Agreement Number 2484 AIRCRAFT DELIVERY REQUIREMENTS AND RESPONSIBILITIES relating toto BOEING MODEL 787-8 AIRCRAFT Both Boeing and Customer have certain documentation and approval responsibilities at various times during the construction cycle of Customer's Aircraft that are critical to making the delivery of each Aircraft a positive experience for both parties. This Exhibit B documents those responsibilities and indicates recommended completion deadlines for the actions to be accomplished. If Customer fails to meet any particular deadline for an Aircraft, such failure shall not be deemed a breach of the Purchase Agreement provided that Customer promptly contacts Boeing to negotiate and agree upon a later deadline that will not interrupt Boeing's manufacturing operations nor cause a delay in delivery of the affected Aircraft.
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EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES. has been the subject of discussion and negotiation and is understood by the parties; the Aircraft Price and other agreements of the parties stated in this Purchase Agreement were arrived at in consideration of such provisions. This Purchase Agreement, including the AGTA, contains the entire agreement between the parties and supersedes all previous proposals, understandings, commitments or representations whatsoever, oral or written, and may be changed only in writing signed by authorized representatives of the parties. “[***]” This information is subject to confidential treatment and has been omitted and filed separately with the commission BOEING PROPRIETARY AGREED AND ACCEPTED this October 10, 2012 Date THE BOEING COMPANY ALASKA AIRLINES, INC. /s/ Xxxxxx Xxxxx /s/ Xxxx Xxxxxxx XIAMEN AIRLINES Signature Signature Xxxxxx Xxxxx Xxxx Xxxxxxx Printed name Printed name Attorney-in-Fact VP/Finance & Treasurer Title Title P.A. 3866 October 10“[***]” This information is subject to confidential treatment and has been omitted and filed separately with the commission BOEING PROPRIETARY ARTICLES SA NUMBER 1 Quantity, 2012 Model, Description and Inspection 2 Delivery Schedule 3 Price 4 Payment 5 Additional Terms TABLES 1 Aircraft Information Table 1A To 2 Aircraft Information Table – Model 787-9 SA-3 EXHIBITS A Aircraft Configuration A-1 Aircraft Configuration – Model 787-9 SA-3 B Aircraft Delivery Requirements and Responsibilities SUPPLEMENTAL EXHIBITS AE1 Escalation Adjustment/Airframe and Optional Features CS1 Customer Support Document EE1 Engine Escalation/Engine Warranty and Patent Indemnity SLP1 Service Life Policy Components LETTER AGREEMENTS SA NUMBER LA-1002938 Payment Matters LA-1002939 787 e-Enabling Software Matters LA-1002940 EXXX Special Matters LA-1002941 Liquidated Damages Non-Excusable Delay LA-1002943-R1 Performance Guarantees SA-1 LA-1002944 Post Delivery Software and Data Loading LA-1002945 Promotional Support LA-1002946 Seats and IFE Special Provisions “[***]” This information is subject to confidential treatment and has been omitted and filed separately with the commission BOEING PROPRIETARY LETTER AGREEMENTS (continued) SA NUMBER LA-1002947 787 Spare Parts Commitments LA-1002948 Spare Parts Initial Provisioning LA-1002949 Special Matters LA-1002951-R1 Special Escalation Program SX-0 XX-0000000 XXXX Terms Revisions LA-1003255 Government Approval Matters LA-1104435 Delivery Flight Fuel Mileage Verification LA-1104525 Clarifications and Understandings LA-1104526 Purchase Rights LA-1104527 Cruise Range Remedy LA-1300551 Boeing Purchase of BFE SA-2 LA-1501312 Applicability Matters – Model 787-9 SA-3 LA-1501313 Open Configuration Matters Model 787-9 SA-3 LA-1501314 Special Escalation Program – Model 787-9 SA-3 LA-1501315 Customer Support Matters – Model 787-9 SA-3 LA-1501316 Special Matters – Model 787-9 SA-3 LA-1501317 Liquidated Damages Non-Excusable Delay – Model 787-9 SA-3 LA-1501318 Performance Guarantees – Model 787-9 SA-3 LA-1501319 Agreement for Deviation from the Block Fuel Guarantee – Model 787-9 SA-3 LA-1501320 Delivery Flight Fuel Mileage Verification – Model 787-9 SA-3 LA-1501321 Promotional Support – Model 700-0 XX-0 XX-0000000 Xxxxxxxx Rights – Model 787-9 SA-3 “[***]” This information is subject to confidential treatment and has been omitted and filed separately with the commission BOEING PROPRIETARY (REFERENCE ONLY) REMOVED TABLES & LETTER AGREEMENTS REMOVED BY SA NUMBER Table 2 Aircraft Information Table_Trent 1000-A SX-0 XX0. Engine Esc/Engine Wxxxxxxx & Xxxxxx Xxxxxxxxx_Xxxxx 0000-X XX-0 XX-0000000 Xxxxxxxxx Engine Selection SA-1 LA-1002942 787 Open Configuration Matters SA-2 “[***]” This information is subject to confidential treatment and has been omitted and filed separately with the commission BOEING PROPRIETARY The Boeing Company P.X. Xxx 0000 Xxxxxxx, XX 00000-0000 Table 2 to Purchase Agreement No. PA-03866 PA-03586 787-9 Aircraft Delivery, Description, Price and Advance Payments Airframe Model/MTOW: 787-9 545,000 pounds Detail Specification: 787B1-4102 Rev. R (12/5/2014) Engine Model/Thrust: GENX-1B74/75 74,100 pounds Airframe Price Base Year/Escalation Formula: [***************] * Indicates that certain [***************] Airframe Price: [***************] Engine Price Base Year/Escalation Formula: [***************] [***************] Optional Features: [***************] Sub-Total of Airframe and Features: [***************] Airframe Escalation Data: Engine Price (Per Aircraft): [***************] Base Year Index (ECI): [***************] Aircraft Basic Price (Excluding BFE/SPE): [***************] Base Year Index (ICI): [***************] Buyer Furnished Equipment (BFE) Estimate: [***************] Engine Escalation Data: In-Flight Entertainment (IFE) Estimate: [***************] Base Year Index (ECI): [***************] Base Year Index (ICI): [***************] “[***]” This information contained herein is subject to confidential treatment and has been omitted and filed separately with the Securities and Exchange Commissioncommission Escalation Escalation Escalation Estimate Advance Payment Per Aircraft (Amts. Confidential treatment has been requested with respect Due/Mos. Prior to the omitted portionsDelivery): Delivery Number of Factor Factor Adv Payment Base At Signing 24 Mos. Table 1A To Purchase Agreement No21/18/12/9/6 Mos. PA-03866 Total Date Aircraft Delivery, Description, (Airframe) (Engine) Price and Advance Payments Per A/P [***********] * Indicates that certain [***********] [***********] [***********] Jan-2017 1 [***********] [***********] [***********] [***********] [***********] [***********] [***********] Jul-2017 1 [***********] [***********] [***********] [***********] [***********] [***********] [***********] Sep-2017 1 [***********] [***********] [***********] [***********] [***********] [***********] [***********] Mar-2017 1 [***********] [***********] [***********] [***********] [***********] [***********] [***********] Total: 4 [***********] [***********] [***********] “[***]” This information contained herein is subject to confidential treatment and has been omitted and filed separately with the Securities commission June 12, 2015 XIA-PA-03586 72214-1F.TXT BOEING PROPRIETARY Page 1 The Boeing Company P.X. Xxx 0000 Xxxxxxx, XX 00000-0000 AIRCRAFT CONFIGURATION between THE BOEING COMPANY and Exchange Commission. Confidential treatment has been requested with respect Xiamen Airlines Exhibit A-1 to the omitted portions. Table 1A To Purchase Agreement No. PA-03866 Aircraft Delivery, Description, Price and Advance Payments Number PA-03586 “[***] * Indicates that certain ]” This information contained herein is subject to confidential treatment and has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect commission BOEING PROPRIETARY AIRCRAFT CONFIGURATION relating to the omitted portions. Table 1B To Purchase Agreement No. PA-03866 Aircraft Delivery, Description, Price and Advance Payments BOEING MODEL 787-9 AIRCRAFT The Detail Specification is Boeing document number [************************] * Indicates that certain Revision [*******], to be released on [*********************]. The Detail Specification provides further description of Customer’s configuration set forth in this Exhibit A. Such Detail Specification will be comprised of [*********************************], as amended to incorporate the optional features (Options) listed below, if any, including the effects on Manufacturer's Empty Weight (MEW) and Operating Empty Weight (OEW). As soon as practicable, Boeing will furnish to Customer copies of the Detail Specification, which copies will reflect such Options. The Aircraft Basic Price reflects and includes all effects of such Options, except such Aircraft Basic Price [***********************************************************************]. The content of this Exhibit A-1 will be defined pursuant to the provisions of Letter Agreement XIA-PA-03586-LA-1501313 to the Purchase Agreement, entitled “Open Configuration Matters”. “[***]” This information contained herein is subject to confidential treatment and has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Table 1B To commission BOEING PROPRIETARY XIA-PA-03586-LA-1501312 Xiamen Airlines 20 Xxxxxxx Xxxx Xxxxxx, 000000 Xxxxxx Xxxxxxxx People’s Republic of China Subject: Applicability Matters – Model 787-9 Reference: Purchase Agreement No. PA-03866 Aircraft Delivery, Description, Price PA-03586 (Purchase Agreement) between The Boeing Company (Boeing) and Advance Payments [***] * Indicates that certain information contained herein has been omitted Xiamen Airlines (Customer) relating to Model 787-9 aircraft (787-9 Aircraft) This letter agreement (Letter Agreement) amends and filed separately with supplements the Securities and Exchange CommissionPurchase Agreement. Confidential treatment has been requested with respect to All terms used but not defined in this Letter Agreement shall have the omitted portions. Table 1B To same meaning as in the Purchase Agreement No. PA-03866 Aircraft Delivery, Description, Price and Advance Payments [***] * Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. ASP-PA-03866 60691-1F.TXT Boeing Propriety Page 3 AIRCRAFT CONFIGURATION between THE BOEING COMPANY and ALASKA AIRLINES, INC. Exhibit A-1 to Purchase Agreement Number 3866 BOEING MODEL 737-8 AIRCRAFT P.A. 3866 October 10, 2012 AIRCRAFT CONFIGURATION Dated TBD relating toAgreement.
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