Foreign Regulatory Requirements. The Aircraft Price includes the administrative effort required to obtain type certification from the FAA and EASA and either a standard airworthiness certificate or an export certificate of airworthiness, as applicable, from the FAA. The Aircraft Price also includes an amount that Boeing has determined to be typical of costs incurred by Boeing in achieving certification by other regulatory authorities (STANDARD COSTS) but (i) does not include any amount relating to changes to the configuration of the Aircraft required by a country of import which varies from or is in addition to the airworthiness requirements of the FAA for the issuance of a Standard Airworthiness Certificate and (ii) does not include any costs in excess of Standard Costs such as special fees or costs of special activities (such as Aircraft testing, flight time, simulator time, or lengthy technical reviews) which might be required by a particular aviation authority as a condition of achieving certification. Accordingly, the Aircraft price may be adjusted for Boeing's price for any configuration change to any Aircraft required by a country of import which varies from or is in addition to the airworthiness requirements of the FAA for the issuance of a Standard Airworthiness Certificate and for any costs in excess of Standard Costs which are incurred by Boeing in achieving certification. Exclusively as pursuant to the requirements of Article 9, [ * ] Credit Memorandum: the Manufacturer shall offer to provide to the Purchaser with the following [ * ]: o [ * ] [ * ]: o [ * ] THE BOEING COMPANY P.O. Box 3707 Xxxxxxx, XX 00000-0000 Xxxxx Xxx, Xxx. 2000 Westchester Ave PURCHASE NY 10500-0000 X.X.X. [XXXXXXX XXXXXXX] Xxxxxxx: 047-8 Freighter Performance Retention Commitment Reference: Purchase Agreement No. 3134 (the PURCHASE AGREEMENT) between The Boeing Company (BOEING) and Atlas Air, Inc. (CUSTOMER) relating to Boeing Model 747-8 Freighter Aircraft (AIRCRAFT). This Letter Agreement (LETTER AGREEMENT) amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement have the same meaning as in the Purchase Agreement. Boeing recognizes that performance retention within reasonable limits is essential to maintain the economy of operation of the Aircraft. Therefore the parties hereto agree as follows with respect to performance retention.
Foreign Regulatory Requirements. The Aircraft price does not include any amount relating to changes to the Aircraft required in order to export the Aircraft from the United States, if you should choose to do so. Accordingly, the Aircraft price will be adjusted for Boeing’s price for any addition to, or change, modification or testing of any Aircraft required by the country of import which varies from or is in addition to the airworthiness requirements of the FAA for the issuance of a Standard Airworthiness Certificate. Attachments A1 Attachments B1 See Model 737 Business Offer 6-1162-SSM-2416 Table 1 to Letter Agreement 2444-01 Model 737-8BD Substitution Aircraft Description, Price and Advance Payments *** *** Represents material which has been redacted and filed separately with the Commission pursuant to a request for confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. AirTran Airways, Inc. 0000 XxxXxxx Xxxxxxxxx Xxxxxxx, Xxxxxxx 00000 Subject: Special Matters Reference: Purchase Agreement No. 2444 (the Purchase Agreement) between The Boeing Company (Boeing) and AirTran Airways, Inc. (Customer) relating to Model 737-7BD aircraft (Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement have the same meaning as in the Purchase Agreement. ***
