Common use of Post Delivery Improvement to Reduce or Eliminate the Compliance Deviation Clause in Contracts

Post Delivery Improvement to Reduce or Eliminate the Compliance Deviation. In the event of a Compliance Deviation for any Aircraft, the following terms and conditions will apply: 2.2.1 To the extent Boeing reasonably determines it is economically and technically practicable, Boeing will use reasonable efforts to design, or cause to be designed by engine manufacturer, airplane drag improvement parts and/or engine fuel flow improvement parts (Improvement Parts) which, when installed in such Aircraft, would reduce or eliminate the Compliance Deviation. 2.2.2 If Boeing elects to provide, or to cause to be provided, Improvement Parts for such Aircraft, then Customer and Boeing will mutually agree upon the details of an Improvement Parts program. Improvement Parts [*]; except Improvement Parts that are provided by the engine manufacturer [*]. Boeing and/or engine manufacturer, as applicable, will provide reasonable support for such a program [*]. 2.2.3 If Customer elects to install Improvement Parts in such Aircraft, they will be installed within [*] after the delivery of such Improvement Parts to Customer if such installation can be accomplished during Aircraft line maintenance. Improvement Parts which cannot be installed during Aircraft line maintenance will be installed within a mutually agreed period of time. All Improvement Parts will be installed in accordance with Boeing and engine manufacturer instructions. 2.2.4 Boeing will provide and/or will cause engine manufacturer to provide [*]. Improvement Parts related to engines will apply also to spare engines [*]. Boeing and/or the engine manufacturer, as applicable, will give Customer reasonable advance written notice of the estimated on-dock date at Customer’s maintenance base for any such Improvement Parts. Customer’s [*] must reference this Letter Agreement and be submitted to Boeing Warranty and Product Assurance Contracts using established warranty procedures and other terms identified in the Improvement Parts program contemplated in paragraph 2.2.2 herein.

Post Delivery Improvement to Reduce or Eliminate the Compliance Deviation. In the event of a Compliance Deviation for any Aircraft, the following terms and conditions will apply: 2.2.1 5.2.1 To the extent Boeing reasonably determines it is economically and technically practicable, Boeing will use reasonable efforts to design, or cause to be designed by engine manufacturer, airplane drag improvement parts and/or engine fuel flow improvement parts (Improvement Parts) which, when installed in such Aircraft, would reduce or eliminate the Compliance Deviation. 2.2.2 5.2.2 If Boeing elects to provideprovides, or to cause causes to be provided, provided Improvement Parts for such Aircraft, then Customer and Boeing will mutually agree upon the details of an Improvement Parts program. The Improvement Parts [*]; except Improvement Parts that are provided by the engine manufacturer [*]. Boeing and/or engine manufacturer, as applicable, will provide reasonable support for such a Improvement Parts program [*]. 2.2.3 5.2.3 If Customer elects to install Improvement Parts in such Aircraft, they such installation will be installed within [*] after the delivery of such Improvement Parts to Customer if as long as such installation can be accomplished during normal Aircraft line maintenance. Improvement Parts which cannot be installed during Aircraft line maintenance will be installed within a mutually agreed period of time. All Improvement Parts will be installed in accordance with Boeing and engine manufacturer instructions. 2.2.4 5.2.4 Boeing will provide and/or and will cause engine manufacturer to provide [*]. Improvement Parts related to engines will apply also to spare engines [*]. Boeing and/or will provide or will cause the engine manufacturer, as applicable, will give manufacturer to provide Customer reasonable advance written notice of the estimated on-dock date at Customer’s maintenance base for any such Improvement Parts. Customer’s [*] must reference this Letter Agreement and be submitted to Boeing Warranty and Product Assurance Contracts using established warranty procedures set forth in Exhibit C of the AGTA and other terms identified in the Improvement Parts program contemplated in paragraph 2.2.2 5.2.2 herein.. * 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-LA-1306854 Performance Guarantees, Demonstrated Compliance October 23, 2013 Page 4

Post Delivery Improvement to Reduce or Eliminate the Compliance Deviation. In the event of a Compliance Deviation for any Attachment A Aircraft, the following terms and conditions will apply: 2.2.1 To the extent i. Boeing reasonably determines it is economically and technically practicable, Boeing will use reasonable efforts to may design, or may cause to be designed by the engine manufacturer, airplane drag airframe improvement parts and/or engine fuel flow improvement parts (Improvement Parts) which, when installed in such Attachment A Aircraft, would reduce or eliminate the Compliance Deviation. 2.2.2 ii. If Boeing elects to provide, or to cause to be provided, Improvement Parts for such Attachment A Aircraft, then Customer and Boeing will mutually agree upon the details of an Improvement Parts program. Improvement Parts [*]will be provided at no charge to Customer; except Improvement Parts that are provided by the engine manufacturer [*]will be at list price less a discount proportional to the remaining useful life of the part being replaced. Boeing and/or engine manufacturer, as applicable, will provide reasonable support for such a program [*]at no charge to Customer. 2.2.3 iii. If Customer elects to install Improvement Parts in such Attachment A Aircraft, they will be installed within [***********] days after the delivery of such Improvement Parts to Customer if such installation can be accomplished during Attachment A Aircraft line maintenance. Improvement Parts which cannot be installed during Attachment A Aircraft line maintenance will be installed within a mutually agreed period of time. All Improvement Parts will be installed in accordance with Boeing and engine manufacturer instructions. 2.2.4 iv. Boeing will provide and/or will cause engine manufacturer to provide [*]reimbursement of Customer’s reasonable Direct Labor and Direct Material costs to install Improvement Parts at the warranty labor rate in effect at the time of installation between Boeing and Customer or engine manufacturer and Customer, as applicable. Improvement Parts related to engines will apply also to spare engines [*]on terms not less favorable to Customer. Boeing and/or the engine manufacturer, as applicable, will give Customer reasonable advance written notice of the estimated on-dock date at Customer’s maintenance base for any such Improvement Parts. Customer’s [*] claim for reimbursement must reference this Letter Agreement and be submitted to Boeing Warranty and Product Assurance Contracts using established warranty warranty. GUN-PA-03980-LA-1503964 procedures and other terms identified in the Improvement Parts program contemplated in paragraph 2.2.2 herein.

Post Delivery Improvement to Reduce or Eliminate the Compliance Deviation. In the event of a Compliance Deviation for any Attachment B Aircraft, the following terms and conditions will apply: 2.2.1 To the extent i. Boeing reasonably determines it is economically and technically practicable, Boeing will use reasonable efforts to may design, or may cause to be designed by the engine manufacturer, airplane drag airframe improvement parts and/or engine fuel flow improvement parts (Improvement Parts) which, when installed in such Attachment B Aircraft, would reduce or eliminate the Compliance Deviation. 2.2.2 ii. If Boeing elects to provide, or to cause to be provided, Improvement Parts for such Attachment B Aircraft, then Customer and Boeing will mutually agree upon the details of an Improvement Parts program. Improvement Parts [*]will be provided at no charge to Customer; except Improvement Parts that are provided by the engine manufacturer [*]will be at list price less a discount proportional to the remaining useful life of the part being replaced. Boeing and/or engine manufacturer, as applicable, will provide reasonable support for such a program [*]at no charge to Customer. 2.2.3 iii. If Customer elects to install Improvement Parts in such Attachment B Aircraft, they will be installed within [************] after the delivery of such Improvement Parts to Customer if such installation can be accomplished during Attachment B Aircraft line maintenance. Improvement Parts which cannot be installed during Attachment B Aircraft line maintenance will be installed within a mutually agreed period of time. All Improvement Parts will be installed in accordance with Boeing and engine manufacturer instructions. 2.2.4 iv. Boeing will provide and/or will cause engine manufacturer to provide [*]reimbursement of Customer’s reasonable Direct Labor and Direct Material costs to install Improvement Parts at the warranty labor rate in effect at the time of installation between Boeing and Customer or engine manufacturer and Customer, as applicable. Improvement Parts related to engines will apply also to spare engines [*]on terms not less favorable to Customer. Boeing and/or the engine manufacturer, as applicable, will give Customer reasonable advance written notice of the estimated on-dock date at Customer’s maintenance base for any such Improvement Parts. Customer’s [*] claim for reimbursement must reference this Letter Agreement and be submitted to Boeing Warranty and Product Assurance Contracts using established warranty GUN-PA-03980-LA-1503965 procedures and other terms identified in the Improvement Parts program contemplated in paragraph 2.2.2 herein.

Post Delivery Improvement to Reduce or Eliminate the Compliance Deviation. In the event of a Compliance Deviation for any Aircraft, the following terms and conditions will apply: 2.2.1 5.2.1 To the extent Boeing reasonably determines it is economically and technically practicable, Boeing will use reasonable efforts to design, or cause to be designed by engine manufacturer, airplane drag improvement parts and/or engine fuel flow improvement parts (Improvement Parts) which, when installed in such Aircraft, would reduce or eliminate the Compliance Deviation. 2.2.2 5.2.2 If Boeing elects to provideprovides, or to cause causes to be provided, provided Improvement Parts for such Aircraft, then Customer and Boeing will mutually agree upon the details of an Improvement Parts program. The Improvement Parts [*]; except Improvement Parts that are provided by the engine manufacturer [*]. Boeing and/or engine manufacturer, as applicable, will provide reasonable support for such a Improvement Parts program [*]. 2.2.3 5.2.3 If Customer elects to install Improvement Parts in such Aircraft, they such installation will be installed within [*] after the delivery of such Improvement Parts to Customer if as long as such installation can be accomplished during normal Aircraft line maintenance. Improvement Parts which cannot be installed during Aircraft line maintenance will be installed within a mutually agreed period of time. All Improvement Parts will be installed in accordance with Boeing and engine manufacturer instructions. 2.2.4 5.2.4 Boeing will provide and/or and will cause engine manufacturer to provide [*]. Improvement Parts related to engines will apply also to spare engines [*]. Boeing and/or will provide or will cause the engine manufacturer, as applicable, will give manufacturer to provide Customer reasonable advance written notice of the estimated on-dock date at Customer’s maintenance base for any such Improvement Parts. Customer’s [*] must reference this Letter Agreement and be submitted to Boeing Warranty and Product Assurance Contracts using established warranty procedures set forth in Exhibit C of the AGTA and other terms identified in the Improvement Parts program contemplated in paragraph 2.2.2 5.2.2 herein.. * 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-LA-1306854 October 23, 2013

Post Delivery Improvement to Reduce or Eliminate the Compliance Deviation. In the event of a Compliance Deviation for any Aircraft, the following terms and conditions will apply: 2.2.1 To the extent 4.1 Boeing reasonably determines it is economically and technically practicable, Boeing will use reasonable efforts to may design, or may cause to be designed by the engine manufacturer, airplane drag airframe improvement parts and/or engine fuel flow improvement parts (Improvement Parts) which, when installed in on such Aircraft, would reduce or eliminate the Compliance Deviation. 2.2.2 4.2 If Boeing elects to provide, or to cause causes to be provided, Improvement Parts for such Aircraft, then Customer and Boeing will mutually agree upon the details of an Improvement Parts program. Improvement Im rovement Parts [*]; will be rovided, except Improvement Parts that are those provided by the engine manufacturer manufacturer, Unless agreed to otherwise, Im rovement Parts rovided er will be at [*]. CTR] Boeing and/or engine manufacturer, as applicable, will provide reasonable support for such a program [*]at - to Customer. 2.2.3 4.3 If Customer elects to install Improvement Parts in on such Aircraft, they will be installed within [*] - after the delivery of such Improvement Parts to Customer if such installation can be i e accomplished during Aircraft line maintenance. Improvement Parts which cannot be installed during Aircraft line maintenance will be installed within a mutually agreed period of time. All Improvement Parts will be installed in accordance with Boeing and engine manufacturer instructions. 2.2.4 4.4 Boeing will provide and/or will cause en ine manufacturer to reimbursement of Customer’s reasonable [*CTR] to install Improvement Parts at the warranty labor rate in effect, at the time of installation, between Boeing and Customer or engine manufacturer to provide [*]and Customer, as applicable. Improvement Parts related to engines will apply also to spare engines [*]on terms not less favorable to Customer. Boeing and/or the engine manufacturer, as applicable, will give Customer reasonable reasonab le advance written notice of the estimated on-dock date at Customer’s maintenance base for any such Improvement Parts. Customer’s [*] claim for reimbursement must reference this Letter Agreement and be submitted to Boeing Warranty and Product Assurance Contracts using established warranty procedures and other terms identified in the Improvement Parts program contemplated in paragraph 2.2.2 herein4.2.

Post Delivery Improvement to Reduce or Eliminate the Compliance Deviation. In the event of a Compliance Deviation for any Aircraft, the following terms and conditions will apply: 2.2.1 5.2.1 To the extent Boeing reasonably determines it is economically and technically practicable, Boeing will use reasonable efforts to design, or cause to be designed by engine manufacturer, airplane drag improvement parts and/or engine fuel flow improvement parts (Improvement Parts) which, when installed in such Aircraft, would reduce or eliminate the Compliance Deviation. 2.2.2 5.2.2 If Boeing elects to provideprovides, or to cause causes to be provided, provided Improvement Parts for such Aircraft, then Customer and Boeing will mutually agree upon the details of an Improvement Parts program. The Improvement Parts [*]; except Improvement Parts that are provided by the engine manufacturer [*]. Boeing and/or engine manufacturer, as applicable, will provide reasonable support for such a Improvement Parts program [*]. 2.2.3 5.2.3 If Customer elects to install Improvement Parts in such Aircraft, they such installation will be installed within [*] after the delivery of such Improvement Parts to Customer if as long as such installation can be accomplished during normal Aircraft line maintenance. Improvement Parts which cannot be installed during Aircraft line maintenance will be installed within a mutually agreed period of time. All Improvement Parts will be installed in accordance with Boeing and engine manufacturer instructions. FED-PA-03712-LA-1306854R1 SA-6 * 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. 2.2.4 5.2.4 Boeing will provide and/or and will cause engine manufacturer to provide [*]. Improvement Parts related to engines will apply also to spare engines [*]. Boeing and/or will provide or will cause the engine manufacturer, as applicable, will give manufacturer to provide Customer reasonable advance written notice of the estimated on-dock date at Customer’s maintenance base for any such Improvement Parts. Customer’s [*] must reference this Letter Agreement and be submitted to Boeing Warranty and Product Assurance Contracts using established warranty procedures set forth in Exhibit C of the AGTA and other terms identified in the Improvement Parts program contemplated in paragraph 2.2.2 5.2.2 herein.

Post Delivery Improvement to Reduce or Eliminate the Compliance Deviation. In the event of a Compliance Deviation for any 787-9 Aircraft, the following terms and conditions will apply:: “[***]” This information is subject to confidential treatment and has been omitted and filed separately with the commission 2.2.1 To the extent Boeing reasonably determines it is economically and technically practicable, Boeing will use reasonable efforts to may design, or may cause to be designed by the engine manufacturer, airplane drag airframe improvement parts and/or engine fuel flow improvement parts (Improvement Parts) which, when installed in such 787-9 Aircraft, would reduce or eliminate the Compliance Deviation. 2.2.2 If Boeing elects to provide, or to cause to be provided, Improvement Parts for such 787-9 Aircraft, then Customer and Boeing will mutually agree upon the details of an Improvement Parts program. Improvement Parts will be [**************]; except Improvement Parts that are provided by the engine manufacturer will [*]*****************] proportional to the remaining useful life of the part being replaced. Boeing and/or engine manufacturer, as applicable, will provide reasonable support for such a program [*]at no charge to Customer. 2.2.3 If Customer elects to install Improvement Parts in such 787-9 Aircraft, they will be installed within [**************] after the delivery of such Improvement Parts to Customer if such installation can be accomplished during 787-9 Aircraft line maintenance. Improvement Parts which cannot be installed during 787-9 Aircraft line maintenance will be installed within a mutually agreed period of time. All Improvement Parts will be installed in accordance with Boeing and engine manufacturer instructions. 2.2.4 Boeing will provide and/or will cause engine manufacturer to provide [*]***************] of Customer’s reasonable [********************] to install Improvement Parts at the [*************************************] between Boeing and Customer or engine manufacturer and Customer, as applicable. Improvement Parts related to engines will apply also to spare engines [*]on terms not less favorable to Customer. Boeing and/or the engine manufacturer, as applicable, will give Customer reasonable advance written notice of the estimated on-dock date at Customer’s maintenance base for any such Improvement Parts. Customer’s [*] claim for reimbursement must reference this Letter Agreement and be submitted to Boeing Warranty and Product Assurance Contracts using established warranty procedures and other terms identified in the Improvement Parts program contemplated in paragraph 2.2.2 herein.