Common use of Taxes, Duties and Imposts Clause in Contracts

Taxes, Duties and Imposts. 3.3.1 The Seller will pay any and all taxes, duties, imposts or similar charges of any nature whatsoever, except for taxes based on or measured by the income of the Buyer or any taxes of a similar nature or charges levied against the Buyer or its Affiliates for the privilege of doing business in any jurisdiction, that are (i) imposed upon the Buyer, (ii) imposed upon the Seller with an obligation on the Buyer to withhold or collect the amount thereof from the Seller or (iii) imposed upon the Buyer with an obligation on the Seller to withhold or collect such amount from the Buyer, and that are levied, assessed, charged or collected for or in connection with the fabrication, manufacture, modification, assembly, sale, delivery, use of or payment under this Agreement for any Aircraft, component, accessory, equipment or part delivered or furnished hereunder, provided such taxes, duties, imposts or similar charges have been promulgated and are enforceable under the laws of the country of the Delivery Location and/or the country of manufacture, modification, assembly, sale, delivery, use of or payment for any part, component, accessory, equipment or system installed on the Aircraft on or before Delivery of such Aircraft. 3.3.2 The Buyer will pay any and all taxes, duties, imposts or similar charges of any nature whatsoever, except for taxes based on or measured by the income of the Seller or Associated Contractors or any taxes of a similar nature or charges levied against the Seller or its Affiliates or Associated Contractors for the privilege of doing business in any jurisdiction, that are (i) imposed upon the Seller, (ii) imposed upon the Buyer with an obligation on the Seller to collect the amount thereof for the Buyer or (iii) imposed upon the Seller with an obligation for the Buyer to withhold such amount from the Seller, and that are levied, assessed, charged or collected for or in connection with the fabrication, manufacture, modification, assembly, sale, delivery or use of or payment under this Agreement for any Aircraft, component, accessory, equipment or part delivered or furnished hereunder, provided such taxes, duties, imposts or similar charges have been levied, assessed, charged or collected under laws promulgated and enforceable in countries other than the country of the applicable Delivery Location and/or the country of manufacture, modification, assembly, sale, delivery, use of or payment for any part, component, accessory, equipment or system installed on the Aircraft on or before Delivery of such Aircraft. Notwithstanding the provisions of Clauses 3.3.1 and 3.3.2, the Buyer shall be liable for any Sales Tax that may be imposed on Aircraft delivering from Mobile, Alabama, United States. 3.3.3 The Seller will arrange for the exportation of the Aircraft from the country of the Delivery Location and will pay any customs duties, taxes and fees required to be paid with respect to such exportation of the Aircraft. 3.3.4 The Buyer will arrange for the importation of the Aircraft into any country or jurisdiction and will pay any customs duties, taxes and fees required to be paid with respect to such importation of the Aircraft.

Taxes, Duties and Imposts. 3.3.1 4.4.1 The Seller will bear and pay the amount of any and all taxes, duties, imposts or similar charges of any nature whatsoever, except for taxes based on or measured by the income of the Buyer or any taxes of a similar nature or charges levied against the Buyer or its Affiliates for the privilege of doing business in any jurisdiction, whatsoever that are (i) imposed upon the Buyer, or any assignee pursuant to an assignment as set forth in Clause 19, (ii) imposed upon the Seller with an obligation on the Buyer to withhold or collect the amount thereof from the Seller or (iii) imposed upon the Buyer with an obligation on the Seller to withhold or collect such amount from the Buyer, and that are levied, assessed, charged or collected for or in connection with the fabrication, manufacture, modification, assembly, sale, delivery, use of or payment under this Agreement for any Aircraft, component, accessory, service, equipment or part delivered or furnished hereunder, provided such taxes, duties, imposts or similar charges have been levied, assessed, charged or collected in the Republic of France under laws promulgated and are enforceable under in the laws Republic of the country of the Delivery Location and/or the country of manufacture, modification, assembly, sale, delivery, use of or payment for any part, component, accessory, equipment or system installed on the Aircraft on or before Delivery of such AircraftFrance. 3.3.2 4.4.2 The Buyer will bear and pay the amount of any and all taxes, duties, imposts or similar charges of any nature whatsoever, whatsoever imposed upon the Seller (except for taxes based on or measured by the income of the Seller or Associated Contractors or any taxes of a similar nature or charges levied against the Seller or its Affiliates or Associated Contractors for the privilege of doing business in any jurisdictionSeller's income), that are (i) imposed upon the Seller, (ii) imposed upon the Buyer with an obligation on the Seller to collect the amount thereof for the Buyer Buyer, or (iii) imposed upon the Seller with an obligation for the Buyer to withhold such amount from the SellerSeller (except for income taxes collected by withholding), and that which are levied, assessed, charged or collected for or in connection with the fabrication, manufacture, modification, assembly, sale, delivery or use of (except any use prior to delivery to the Buyer), or payment under this Agreement for any Aircraft, component, accessory, equipment or part delivered or furnished hereunder, provided such taxes, duties, imposts or similar charges have been levied, assessed, charged or collected under laws promulgated and are enforceable in countries other than under any laws ***. 4.4.3 If a claim is made against one party (the country of the applicable Delivery Location and/or the country of manufacture, modification, assembly, sale, delivery, use of or payment "Indemnitee") for any parttaxes, componentduties, accessory, equipment imposts or system installed on similar charges for which the Aircraft on or before Delivery of such Aircraft. Notwithstanding other party (the "Indemnitor") has agreed to be liable pursuant to the provisions of Clauses 3.3.1 and 3.3.2this Agreement, the Buyer shall be liable for Indemnitee will promptly notify the Indemnitor. In lieu of any Sales Tax that may be imposed on Aircraft delivering from Mobile, Alabama, United States. 3.3.3 The Seller will arrange for direction or request by the exportation Indemnitor received within five (5) Working Days of the Aircraft from due date specified in said claim, the country Indemnitee may pay the amount of said tax, duty, impost or charge and claim against the Delivery Location and will pay any customs dutiesIndemnitor for reimbursement consistent with Subclause 4.4. However, taxes and fees required to be paid if requested by the Indemnitor in writing, the Indemnitee will, at the Indemnitor's expense, take such action as the Indemnitor may reasonably direct with respect to such exportation of the Aircraft. 3.3.4 The Buyer will arrange for the importation of the Aircraft into any country or jurisdiction asserted liability and will not pay any customs such taxes, duties, taxes imposts or similar charges except under protest, if protest is necessary. If payment is made, the Indemnitee will, at the Indemnitor's expense, take such action as the Indemnitor may reasonably direct to recover payment and fees required will, if requested, permit the Indemnitor in the Indemnitee's name to be file a claim or commence an action to recover such payment. If the Indemnitee will receive a refund or credit for all or any part of such taxes, duties, imposts or similar charges, then the Indemnitee will promptly repay the Indemnitor the amount of any such refund or credits which are attributable to the amount paid with respect to by the Indemnitor, including any interest received thereon, but less any expenses incurred by the Indemnitee in pursuing such importation of the Aircraftrefund or credit.

Taxes, Duties and Imposts. 3.3.1 3.5.1 The Seller will pay any and all taxes, duties, imposts or similar charges of any nature whatsoever, except for taxes based on or measured by the income of the Buyer Buyer, or any taxes of a similar nature or charges levied against the Buyer or its Affiliates for the privilege of doing business in any jurisdiction, that are (i) imposed upon the Buyer, (ii) imposed upon the Seller with an obligation on the Buyer to withhold or collect the amount thereof from the Seller or (iii) imposed upon the Buyer with an obligation on the Seller to withhold or collect such amount from the Buyer, and that are levied, assessed, charged or collected for or in connection with the fabrication, manufacture, modification, assembly, sale, delivery, use of of, or payment by it under this Agreement for for, any Aircraft, component, accessory, equipment or part delivered or furnished by it hereunder, provided such taxes, duties, imposts or similar charges have been promulgated and are enforceable under the laws of the country of the Delivery Location and/or the country of manufactureany country, modificationprovince, assembly, sale, delivery, use of municipality or payment for any part, component, accessory, equipment other jurisdiction or system installed on the Aircraft government entity thereof and are asserted with respect to events or circumstances occurring on or before Delivery of such Aircraft. Notwithstanding anything to the contrary in this Clause 3.5.1, the Seller will not be required to bear or pay or to indemnify the Buyer for taxes, imposts, charges, or duties, (i) to the extent imposed as the result of the Buyer’s engaging in activities in the jurisdiction imposing such tax which activities are unrelated to the transactions contemplated by this Agreement or as the result of being incorporated or organized in such jurisdiction or maintaining an office or having a place of business or other presence therein, (ii) arising out of or caused by the willful misconduct or gross negligence of the Buyer, (iii) that are interest, penalties, fines or additions to tax that would not have been imposed but for any failure by the Buyer to file any tax return or information return in a timely and proper manner, (iv) that are being contested by the Seller in good faith by appropriate proceedings during the pendency of such contest, or (v) that are imposed on or payable by a transferee of all or any part of the interest of the Buyer in the Aircraft or any of its rights or obligations under this Agreement to the extent in excess of the taxes that would have been imposed on or payable by the Buyer in the absence of any such transfer. 3.3.2 3.5.2 The Buyer will pay any and all taxes, duties, imposts or similar charges of any nature whatsoever, except for taxes based on or measured by the income of the Seller or Associated Contractors or any taxes of a similar nature or charges levied against the Seller or its Affiliates or Associated Contractors for the privilege of doing business in any jurisdiction, that are (i) imposed upon the Seller, (ii) ** Confidential Treatment Requested. USA — Amended and Restated Airbus A320 Family Purchase Agreement PA — 30 of 123 EXECUTION PRIVILEGED AND CONFIDENTIAL imposed upon the Buyer with an obligation on the Seller to collect the amount thereof for the Buyer or (iii) imposed upon the Seller with an obligation for on the Buyer to withhold such amount from the Seller, and that are levied, assessed, charged or collected for or in connection with the fabrication, manufacture, modification, assembly, sale, delivery or use of or payment under this Agreement for any Aircraft, component, accessory, equipment or part delivered or furnished by it hereunder, provided such taxes, duties, imposts or similar charges have been levied, assessed, charged or collected under laws promulgated and enforceable in countries under the laws of any country, province, municipality or other than the country of the applicable Delivery Location and/or the country of manufacture, modification, assembly, sale, delivery, use of jurisdiction or payment for any part, component, accessory, equipment government entity thereof and are asserted with respect to events or system installed on the Aircraft on or before circumstances occurring after Delivery of such Aircraft. Notwithstanding anything to the provisions of Clauses 3.3.1 and 3.3.2contrary in this Clause 3.5.2, the Buyer shall will not be liable required to bear or pay or to indemnify the Seller for taxes, imposts, charges, or duties, (i) to the extent imposed as the result of Seller’s engaging in activities in the jurisdiction imposing such tax which activities are unrelated to the transactions contemplated by this Agreement or as the result of being incorporated or organized in such jurisdiction or maintaining an office or having a place of business or other presence therein, (ii) arising out of or caused by the willful misconduct or gross negligence of the Seller, (iii) that are interest, penalties, fines or additions to tax that would not have been imposed but for any Sales Tax failure by the Seller to file any tax return or information return in a timely and proper manner, (iv) that may be are being contested by the Buyer in good faith by appropriate proceedings during the pendency of such contest, or (v) that are imposed on or payable by a transferee of all or any part of the interest of the Seller in the Aircraft delivering from Mobile, Alabama, United Statesor any of its rights or obligations under this Agreement to the extent in excess of the taxes that would have been imposed on or payable by the Seller in the absence of any such transfer. 3.3.3 3.5.3 The Seller will arrange for the exportation of the Aircraft from the country of the Delivery Location and will pay any customs duties, taxes and fees required to be paid with respect to such exportation of the Aircraft. 3.3.4 3.5.4 The Buyer will arrange for the importation of the Aircraft into any country or jurisdiction and will pay any customs duties, taxes and fees required to be paid with respect to such importation of the Aircraft.. ** Confidential Treatment Requested. USA — Amended and Restated Airbus A320 Family Purchase Agreement PA — 31 of 123 EXECUTION PRIVILEGED AND CONFIDENTIAL

Taxes, Duties and Imposts. 3.3.1 The Seller will bear and pay the amount of any and all taxestaxes (excluding taxes on the income of the Buyer), duties, imposts or similar charges of any nature whatsoever, except for taxes based on or measured by the income of the Buyer or any taxes of a similar nature or charges levied against the Buyer or its Affiliates for the privilege of doing business in any jurisdiction, whatsoever that are (i) imposed upon the Buyer, (ii) imposed upon the Seller with an obligation on the Buyer to withhold or collect the amount thereof from the Seller or (iii) imposed upon the Buyer with an obligation on the Seller to withhold or collect such amount from the Buyer, and that are a re levied, assessed, charged or collected for or in connection with the fabrication, manufacture, modification, assembly, sale, delivery, use of or payment under this Agreement for any Aircraft, component, accessory, equipment or part delivered or furnished hereunder, provided such taxes, duties, imposts or similar charges have been levied, assessed, charged or collected under laws promulgated and are enforceable under the laws of the country of the Delivery Location and/or the country of manufacture, modification, assembly, sale, delivery, use of or payment for any part, component, accessory, equipment or system installed on the Aircraft on or before Delivery of such Aircraft*. 3.3.2 The Buyer will bear and pay the amount of any and all taxestaxes (excluding taxes on the income of the Seller), duties, imposts or similar charges of any nature whatsoever, except for taxes based on or measured by the income of the Seller or Associated Contractors or any taxes of a similar nature or charges levied against the Seller or its Affiliates or Associated Contractors for the privilege of doing business in any jurisdiction, whatsoever that are (i) imposed upon the Seller, (ii) imposed upon the Buyer with an obligation on the Seller to withhold or collect the amount thereof for from the Buyer or (iii) imposed upon the Seller with an obligation for the Buyer to withhold or collect such amount from the Seller, and that are levied, assessed, charged or collected for or in connection with the fabrication, manufacture, modification, assembly, sale, delivery or use of or payment under this Agreement for any Aircraft, component, accessory, equipment or part delivered or furnished hereunder, provided such taxes, duties, imposts or similar charges have been levied, assessed, charged or collected under laws promulgated and enforceable in countries other than the country of the applicable Delivery Location and/or *. 3.3.3 If a claim is made against either party (the country "Indemnitee") by any governmental authority for taxes, duties, imposts or similar charges of manufactureany nature for which liability has been assumed by the other party under this Clause 3.3 (the "Indemnitor"), modification, assembly, sale, delivery, use of or payment for any part, component, accessory, equipment or system installed on the Aircraft on or before Delivery Indemnitee will promptly give notice of such Aircraftclaim to the Indemnitor and the Indemnitor (unless otherwise requested by the Indemnitee) will assume the defense or settlement of such claim, as the Indemnitor will deem prudent. Notwithstanding the foregoing, if the Indemnitor will request that the claim be contested, the Indemnitee will contest (or will permit the Indemnitor, if so desired by the Indemnitee, to contest) the claim in good faith; provided that, (i) the Indemnitee will be required to contest any claim beyond the level of administrative proceedings only if timely requested by the Indemnitor, and (ii) the Indemnitee will keep the Indemnitor informed as to the progress of any litigation. The Indemnitee will not be required to take any action pursuant to this Clause 3.3.3 unless (A) the Indemnitor will have agreed to pay all costs and expenses that the Indemnitee may incur in connection with contesting such claim (including, without limitation, reasonable legal and accounting fees and disbursements, bonding fees, penalties and interest); and (B) the action to be taken will not result in any sale, forfeiture or loss of, or the creation of any Lien on, the Aircraft or any interest therein, or if, in the opinion of the Indemnitor, there is a reasonable risk thereof, the Indemnitor will have provided to the Indemnitee a bond in form and substance reasonably satisfactory to the Indemnitee to protect against such risk. The provisions of Clauses 3.3.1 and 3.3.2, this Clause 3.3 will survive the Buyer shall be liable for any Sales Tax that may be imposed on Aircraft delivering from Mobile, Alabama, United Statesexpiration or earlier termination of this Agreement. 3.3.3 3.3.4 The Seller will arrange for the exportation of the Aircraft from the country of the Delivery Location and will pay any customs duties, taxes and fees required to be paid with respect to such exportation of the AircraftAircraft *. 3.3.4 3.3.5 The Buyer will arrange for the importation of the Aircraft into any country or jurisdiction and will pay any customs duties, taxes and fees required to be paid with respect to such importation of the Aircraft.

Taxes, Duties and Imposts. 3.3.1 The Seller will pay any and all taxes, duties, imposts or similar charges of any nature whatsoever, except for taxes based on or measured by the income of the Buyer or any taxes of a similar nature or charges levied against the Buyer or its Affiliates for the privilege of doing business in any jurisdiction, that are (i) imposed upon the Buyer, (ii) imposed upon the Seller with an obligation on the Buyer to withhold or collect the amount thereof from the Seller or (iii) imposed upon the Buyer with an obligation on the Seller to withhold or collect such amount from the Buyer, and that are levied, assessed, charged or collected for or in connection with the fabrication, manufacture, modification, assembly, sale, delivery, use of or payment under this Agreement for any Aircraft, component, accessory, equipment or part delivered or furnished hereunder, provided such taxes, duties, imposts or similar charges have been promulgated and are enforceable under the laws of the country of the Delivery Location and/or the country of manufacture, modification, assembly, sale, delivery, use of or payment for any part, component, accessory, equipment or system installed on the Aircraft on or before Delivery of such Aircraft.. AYR FREIGHTER LLC - A330-200F - June 2007 19 3.3.2 The Buyer will pay any and all taxes, duties, imposts or similar charges of any nature whatsoever, except for taxes based on or measured by the income of the Seller or Associated Contractors or any taxes of a similar nature or charges levied against the Seller or its Affiliates or Associated Contractors for the privilege of doing business in any jurisdiction, that are (i) imposed upon the Seller, (ii) imposed upon the Buyer with an obligation on the Seller to collect the amount thereof for the Buyer or (iii) imposed upon the Seller with an obligation for the Buyer to withhold such amount from the Seller, and that are levied, assessed, charged or collected for or in connection with the fabrication, manufacture, modification, assembly, sale, delivery or use of or payment under this Agreement for any Aircraft, component, accessory, equipment or part delivered or furnished hereunder, provided such taxes, duties, imposts or similar charges have been levied, assessed, charged or collected under laws promulgated and enforceable in countries other than the country of the applicable Delivery Location and/or the country of manufacture, modification, assembly, sale, delivery, use of or payment for any part, component, accessory, equipment or system installed on the Aircraft on or before Delivery of such Aircraft. Notwithstanding the provisions of Clauses 3.3.1 and 3.3.2, the Buyer shall be liable for any Sales Tax that may be imposed on Aircraft delivering from Mobile, Alabama, United StatesLocation. 3.3.3 The Seller will arrange for the exportation export of the Aircraft from the country of the Delivery Location and will pay any customs duties, taxes and fees required to be paid with respect to such exportation of the Aircraft. 3.3.4 The Buyer will arrange for the importation import of the Aircraft into any country or jurisdiction and will pay any customs duties, taxes and fees required to be paid with respect to such importation of the Aircraft.. AYR FREIGHTER LLC - A330-200F - June 2007 20

Taxes, Duties and Imposts. 3.3.1 The Seller will 4.3.1 AVSA shall bear and pay the amount of any and all taxes, duties, imposts or similar charges of any nature whatsoever, except for taxes based on or measured by the income of the Buyer or any taxes of a similar nature or charges levied against the Buyer or its Affiliates for the privilege of doing business in any jurisdiction, whatsoever (CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT) that are (i) imposed upon the BuyerNorthwest, (ii) imposed upon the Seller AVSA with an obligation on the Buyer Northwest to withhold or collect the amount thereof from the Seller AVSA or (iii) imposed upon the Buyer Northwest with an obligation on the Seller AVSA to withhold or collect such amount from the BuyerNorthwest, and that are levied, assessed, charged or collected for or in connection with the fabrication, manufacture, modification, assembly, sale, delivery, use of or payment under this Agreement for any Aircraft, component, accessory, equipment or part delivered or furnished hereunder, provided such taxes, duties, imposts or similar charges have been levied, assessed, charged or collected under laws promulgated and are enforceable under in France (CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT) 4.3.2 Northwest shall bear and pay the laws amount of the country of the Delivery Location and/or the country of manufacture, modification, assembly, sale, delivery, use of or payment for any part, component, accessory, equipment or system installed on the Aircraft on or before Delivery of such Aircraft. 3.3.2 The Buyer will pay any and all taxes, duties, imposts or similar charges of any nature whatsoever, except for taxes based on or measured by the income of the Seller or Associated Contractors or any taxes of a similar nature or charges levied against the Seller or its Affiliates or Associated Contractors for the privilege of doing business in any jurisdiction, whatsoever that are (i) imposed upon the SellerAVSA, (ii) imposed upon the Buyer Northwest with an obligation on the Seller AVSA to collect the amount thereof for the Buyer Northwest or (iii) imposed upon the Seller AVSA with an obligation for the Buyer Northwest to withhold such amount from the SellerAVSA, and that are levied, assessed, charged or collected for or in connection with the fabrication, manufacture, modification, assembly, sale, delivery or use of or payment under this Agreement for any Aircraft, component, accessory, equipment or part delivered or furnished hereunder, provided such taxes, duties, imposts or similar charges have been levied, assessed, charged or collected under laws promulgated and enforceable in countries other than France (CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT) If Northwest is compelled by law to pay such taxes, duties, imposts or similar charges as a deduction or withholding , then Northwest shall ensure that the country sums received by AVSA under this Agreement shall be equal to the full amounts expressed to be due AVSA hereunder, without deduction or withholding on account of and free from any and all taxes, levies, imposts, duties or charges of whatever nature, and Northwest shall pay such additional amounts as may be necessary so that the applicable Delivery Location and/or net amount received by AVSA after such deduction or withholding shall equal the country of manufacture, modification, assembly, sale, delivery, use of or payment for any part, component, accessory, equipment or system installed on amounts that would have been received in the Aircraft on or before Delivery absence of such Aircraft. Notwithstanding the provisions of Clauses 3.3.1 and 3.3.2, the Buyer shall be liable for any Sales Tax that may be imposed on Aircraft delivering from Mobile, Alabama, United Statesdeduction or withholding. 3.3.3 The Seller will arrange for 4.3.3 AVSA shall in its own name do all things necessary with respect to the exportation export of the Aircraft from the country of the Delivery Location France and will shall pay any customs duties, taxes and fees required to be paid with respect to such exportation of the Aircraft. 3.3.4 The Buyer will arrange for the importation export of the Aircraft into any country or jurisdiction which are imposed under laws promulgated and will pay any customs enforceable in France(CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT) 4.3.4 It is expressly understood and agreed that AVSA's undertaking in Subclause 4. 3.1 shall not apply to taxes, duties, imposts or similar charges of any nature whatsoever, relating to the use of or payment for any Aircraft (excluding income, franchise, and doing business taxes imposed on AVSA), component, accessory, equipment or part delivered or furnished under this Agreement in the United States of America. 4.3.5 It is expressly understood and fees required agreed that Northwest's undertaking in Subclause 4.3.2 shall not apply to be paid with respect to taxes imposed on AVSA that are based on or measured by gross or net income or receipts or that are based on or measured by AVSA's doing business, capital or net worth, or other taxes, however denominated, in the nature of such importation of the Aircrafttaxes.

Taxes, Duties and Imposts. 3.3.1 The Seller will pay any and all taxes, duties, imposts or similar charges of any nature whatsoever, except for taxes based on or measured by the income of the Buyer Buyer, or any taxes of a similar nature or charges levied against the Buyer or its Affiliates for the privilege of doing business in any jurisdiction, that are (i) imposed upon the Buyer, (ii) imposed upon the Seller with an obligation on the Buyer to withhold or collect the amount thereof from the Seller or (iii) imposed upon the Buyer with an obligation on the Seller to withhold or collect such amount from the Buyer, and that are levied, assessed, charged or collected for or in connection with the fabrication, manufacture, modification, assembly, sale, delivery, use of of, or payment by it under this Agreement for for, any Aircraft, component, accessory, equipment or part delivered or furnished by it hereunder, provided such taxes, duties, imposts or similar charges have been promulgated and are enforceable under the laws of the country of the Delivery Location and/or the country of manufactureany country, modificationprovince, assembly, sale, delivery, use of municipality or payment for any part, component, accessory, equipment other jurisdiction or system installed on the Aircraft government entity thereof and are asserted with respect to events or circumstances occurring on or before Delivery of such Aircraft. Notwithstanding anything to the contrary in this Clause 3.3.1, the Seller will not be required to bear or pay or to indemnify the Buyer for taxes, imposts, charges, or duties, (i) to the extent imposed as the result of the Buyer’s engaging in activities in the jurisdiction imposing such tax which activities are unrelated to the transactions contemplated by this Agreement or as the result of being incorporated or organized in such jurisdiction or maintaining an office or having a place of business or other presence therein, (ii) arising out of or caused by the willful misconduct or gross negligence of the Buyer, (iii) that are interest, penalties, fines or additions to tax that would not have been imposed but for any failure by the Buyer to file any tax return or information return in a timely and proper manner, (iv) that are being contested by the Seller in good faith by appropriate proceedings during the pendency of such contest, or (v) that are imposed on USA — Amended and Restated Airbus A350 XWB Purchase Agreement PA – 19 of 109 EXECUTION PRIVILEGED AND CONFIDENTIAL or payable by a transferee of all or any part of the interest of the Buyer in the Aircraft or any of its rights or obligations under this Agreement to the extent in excess of the taxes that would have been imposed on or payable by the Buyer in the absence of any such transfer. 3.3.2 The Buyer will pay any and all taxes, duties, imposts or similar charges of any nature whatsoever, except for taxes based on or measured by the income of the Seller or Associated Contractors or any taxes of a similar nature or charges levied against the Seller or its Affiliates or Associated Contractors for the privilege of doing business in any jurisdiction, that are (i) imposed upon the Seller, (ii) imposed upon the Buyer with an obligation on the Seller to collect the amount thereof for the Buyer or (iii) imposed upon the Seller with an obligation for on the Buyer to withhold such amount from the Seller, and that are levied, assessed, charged or collected for or in connection with the fabrication, manufacture, modification, assembly, sale, delivery or use of or payment under this Agreement for any Aircraft, component, accessory, equipment or part delivered or furnished by it hereunder, provided such taxes, duties, imposts or similar charges have been levied, assessed, charged or collected under laws promulgated and enforceable in countries under the laws of any country, province, municipality or other than the country of the applicable Delivery Location and/or the country of manufacture, modification, assembly, sale, delivery, use of jurisdiction or payment for any part, component, accessory, equipment government entity thereof and are asserted with respect to events or system installed on the Aircraft on or before circumstances occurring after Delivery of such Aircraft. Notwithstanding anything to the provisions of Clauses 3.3.1 and contrary in this Clause 3.3.2, the Buyer shall will not be liable required to bear or pay or to indemnify the Seller for taxes, imposts, charges, or duties, (i) to the extent imposed as the result of Seller’s engaging in activities in the jurisdiction imposing such tax which activities are unrelated to the transactions contemplated by this Agreement or as the result of being incorporated or organized in such jurisdiction or maintaining an office or having a place of business or other presence therein, (ii) arising out of or caused by the willful misconduct or gross negligence of the Seller, (iii) that are interest, penalties, fines or additions to tax that would not have been imposed but for any Sales Tax failure by the Seller to file any tax return or information return in a timely and proper manner, (iv) that may be are being contested by the Buyer in good faith by appropriate proceedings during the pendency of such contest, or (v) that are imposed on or payable by a transferee of all or any part of the interest of the Seller in the Aircraft delivering from Mobile, Alabama, United Statesor any of its rights or obligations under this Agreement to the extent in excess of the taxes that would have been imposed on or payable by the Seller in the absence of any such transfer. 3.3.3 The Seller will arrange for the exportation of the Aircraft from the country of the Delivery Location and will pay any customs duties, taxes and fees required to be paid with respect to such exportation of the Aircraft. 3.3.4 The Buyer will arrange for the importation of the Aircraft into any country or jurisdiction and will pay any customs duties, taxes and fees required to be paid with respect to such importation of the Aircraft.. USA — Amended and Restated Airbus A350 XWB Purchase Agreement PA – 20 of 109 EXECUTION PRIVILEGED AND CONFIDENTIAL 4 PRICE REVISION **the Base Price of the Aircraft (and SCN prices) is subject to revision up to and including the Delivery Date, in accordance with the Seller Price Revision Formula in Exhibit G-1 for Base Prices quoted in ** delivery conditions and in Exhibit G-2 for Base Prices (or SCN prices) quoted in ** delivery conditions. ** Confidential Treatment Requested. USA — Amended and Restated Airbus A350 XWB Purchase Agreement PA – 21 of 109 EXECUTION PRIVILEGED AND CONFIDENTIAL

Taxes, Duties and Imposts. 3.3.1 4.4.1 The Seller will bear and pay the amount of any and all taxes, duties, imposts or similar charges of any nature whatsoever, except for taxes based on or measured by the income of the Buyer or any taxes of a similar nature or charges levied against the Buyer or its Affiliates for the privilege of doing business in any jurisdiction, whatsoever that are (i) imposed upon the Buyer, or any assignee pursuant to an assignment as set forth in Clause 19, (ii) imposed upon the Seller with an obligation on the Buyer to withhold or collect the amount thereof from the Seller or (iii) imposed upon the Buyer with an obligation on the Seller to withhold or collect such amount from the Buyer, and that are levied, assessed, charged or collected for or in connection with the fabrication, manufacture, modification, assembly, sale, delivery, use of or payment under this Agreement for any Aircraft, component, accessory, service, equipment or part delivered or furnished hereunder, provided such taxes, duties, imposts or similar charges have been levied, assessed, charged or collected in the Republic of France under laws promulgated and are enforceable in the Republic of France, in respect of A320 Aircraft, and Germany under the laws promulgated and enforceable in Germany, in respect of the country of the Delivery Location and/or the country of manufacture, modification, assembly, sale, delivery, use of or payment for any part, component, accessory, equipment or system installed on the A319 Aircraft on or before Delivery of such and A321 Aircraft. 3.3.2 4.4.2 The Buyer will bear and pay the amount of any and all taxes, duties, imposts or similar charges of any nature whatsoever, whatsoever imposed upon the Seller (except for taxes based on or measured by the income of the Seller or Associated Contractors or any taxes of a similar nature or charges levied against the Seller or its Affiliates or Associated Contractors for the privilege of doing business in any jurisdictionSeller's income), that are (i) imposed upon the Seller, (ii) imposed upon the Buyer with an obligation on the Seller to collect the amount thereof for the Buyer Buyer, or (iii) imposed upon the Seller with an obligation for the Buyer to withhold such amount from the SellerSeller (except for income taxes collected by withholding), and that which are levied, assessed, charged or collected for or in connection with the fabrication, manufacture, modification, assembly, sale, delivery or use of (except any use prior to delivery to the Buyer), or payment under this Agreement for any Aircraft, component, accessory, equipment or part delivered or furnished hereunder, provided such taxes, duties, imposts or similar charges have been levied, assessed, charged or collected under laws promulgated and are enforceable in countries other than under any laws *** 4.4.3 If a claim is made against one party (the country of the applicable Delivery Location and/or the country of manufacture, modification, assembly, sale, delivery, use of or payment "Indemnitee") for any parttaxes, componentduties, accessory, equipment imposts or system installed on similar charges for which the Aircraft on or before Delivery of such Aircraft. Notwithstanding other party (the "Indemnitor") has agreed to be liable pursuant to the provisions of Clauses 3.3.1 and 3.3.2this Agreement, the Buyer shall be liable for Indemnitee will promptly notify the Indemnitor. In lieu of any Sales Tax that may be imposed on Aircraft delivering from Mobile, Alabama, United States. 3.3.3 The Seller will arrange for direction or request by the exportation Indemnitor received within five (5) Working Days of the Aircraft from due date specified in said claim, the country Indemnitee may pay the amount of said tax, duty, impost or charge and claim against the Delivery Location and will pay any customs dutiesIndemnitor for reimbursement consistent with Subclause 4.4. However, taxes and fees required to be paid if requested by the Indemnitor in writing, the Indemnitee will, at the Indemnitor's expense, take such action as the Indemnitor may reasonably direct with respect to such exportation of the Aircraft. 3.3.4 The Buyer will arrange for the importation of the Aircraft into any country or jurisdiction asserted liability and will not pay any customs such taxes, duties, taxes imposts or similar charges except under protest, if protest is necessary. If payment is made, the Indemnitee will, at the Indemnitor's expense, take such action as the Indemnitor may reasonably direct to recover payment and fees required will, if requested, permit the Indemnitor in the Indemnitee's name to be file a claim or commence an action to recover such payment. If the Indemnitee will receive a refund or credit for all or any part of such taxes, duties, imposts or similar charges, then the Indemnitee will promptly repay the Indemnitor the amount of any such refund or credits which are attributable to the amount paid with respect to by the Indemnitor, including any interest received thereon, but less any expenses incurred by the Indemnitee in pursuing such importation of the Aircraftrefund or credit.

Taxes, Duties and Imposts. 3.3.1 The Seller will pay any and all taxes, duties, imposts or similar charges of any nature whatsoever, whatsoever (except for taxes based on or measured by the income of the Buyer or any taxes of a similar nature or charges levied against the Buyer or its Affiliates for the INTREPID – A330-200F PA - Execution Version – 05/2007 11/134 CONFIDENTIAL AND PROPRIETARY INFORMATION ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. privilege of doing business in any jurisdiction, ) that are (i) imposed upon the Buyer, (ii) imposed upon the Seller with an obligation on the Buyer to withhold or collect the amount thereof from the Seller or (iii) imposed upon the Buyer with an obligation on the Seller to withhold or collect such amount from the Buyer, and that are levied, assessed, charged or collected for or in connection with the fabrication, manufacture, modification, assembly, sale, delivery, use of or payment under this Agreement for any Aircraft, component, accessory, equipment or part delivered or furnished hereunder, provided such taxes, duties, imposts or similar charges have been promulgated and are enforceable under the laws of the country of the Delivery Location and/or the country of manufacture, modification, assembly, sale, delivery, use of or payment for any part, component, accessory, equipment or system installed on the Aircraft on or before Delivery of such Aircraft. 3.3.2 The Buyer will pay any and all taxes, duties, imposts or similar charges of any nature whatsoever, whatsoever (except for taxes based on or measured by the income of the Seller or Associated Contractors or any taxes of a similar nature or charges levied against the Seller or its Affiliates or Associated Contractors for the privilege of doing business in any jurisdiction, ) that are (i) imposed upon the Seller, (ii) imposed upon the Buyer with an obligation on the Seller to collect the amount thereof for the Buyer or (iii) imposed upon the Seller with an obligation for the Buyer to withhold such amount from the Seller, and that are levied, assessed, charged or collected for or in connection with the fabrication, manufacture, modification, assembly, sale, delivery or use of or payment under this Agreement for any Aircraft, component, accessory, equipment or part delivered or furnished hereunder, provided such taxes, duties, imposts or similar charges have been levied, assessed, charged or collected under laws promulgated and enforceable in countries other than the country of the applicable Delivery Location and/or the country of manufacture, modification, assembly, sale, delivery, use of or payment for any part, component, accessory, equipment or system installed on the Aircraft on or before Delivery of such Aircraft. Notwithstanding the provisions of Clauses 3.3.1 and 3.3.2, the Buyer shall be liable for any Sales Tax that may be imposed on Aircraft delivering from Mobile, Alabama, United StatesLocation. 3.3.3 The Seller will arrange for the exportation export of the Aircraft from the country of the Delivery Location and will pay any customs duties, taxes and fees required to be paid with respect to such exportation of the Aircraft. 3.3.4 The Buyer will arrange for the importation import of the Aircraft into any country or jurisdiction and will pay any customs duties, taxes and fees required to be paid with respect to such importation of the Aircraft. INTREPID – A330-200F PA - Execution Version – 05/2007 12/134 CONFIDENTIAL AND PROPRIETARY INFORMATION ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.

Taxes, Duties and Imposts. 3.3.1 4.4.1 The Seller will bear and pay the amount of any and all taxes, duties, imposts or similar charges of any nature whatsoever, except for taxes based on or measured by the income of the Buyer or any taxes of a similar nature or charges levied against the Buyer or its Affiliates for the privilege of doing business in any jurisdiction, whatsoever that are (i) imposed upon the Buyer, or any assignee pursuant to an assignment as set forth in Clause 19, (ii) imposed upon the Seller with an obligation on the Buyer to withhold or collect the amount thereof from the Seller or (iii) imposed upon the Buyer with an obligation on the Seller to withhold or collect such amount from the Buyer, and that are levied, assessed, charged or collected for or in connection with the fabrication, manufacture, modification, assembly, sale, delivery, use of or payment under this Agreement for any Aircraft, component, accessory, service, equipment or part delivered or furnished hereunder, provided such taxes, duties, imposts or similar charges have been levied, assessed, charged or collected in the Republic of France under laws promulgated and are enforceable in the Republic of France, in respect of A320 Aircraft, and Germany under the laws promulgated and enforceable in Germany, in respect of the country of the Delivery Location and/or the country of manufacture, modification, assembly, sale, delivery, use of or payment for any part, component, accessory, equipment or system installed on the A319 Aircraft on or before Delivery of such and A321 Aircraft. 3.3.2 4.4.2 The Buyer will bear and pay the amount of any and all taxes, duties, imposts or similar charges of any nature whatsoever, whatsoever imposed upon the Seller (except for taxes based on or measured by the income of the Seller or Associated Contractors or any taxes of a similar nature or charges levied against the Seller or its Affiliates or Associated Contractors for the privilege of doing business in any jurisdictionSeller's income), that are (i) imposed upon the Seller, (ii) imposed upon the Buyer with an obligation on the Seller to collect the amount thereof for the Buyer Buyer, or (iii) imposed upon the Seller with an obligation for the Buyer to withhold such amount from the SellerSeller (except for income taxes collected by withholding), and that which are levied, assessed, charged or collected for or in connection with the fabrication, manufacture, modification, assembly, sale, delivery or use of (except any use prior to delivery to the Buyer), or payment under this Agreement for any Aircraft, component, accessory, equipment or part delivered or furnished hereunder, provided such taxes, duties, imposts or similar charges have been levied, assessed, charged or collected under laws promulgated and are enforceable in countries other than under any laws ***. 4.4.3 If a claim is made against one party (the country of the applicable Delivery Location and/or the country of manufacture, modification, assembly, sale, delivery, use of or payment "Indemnitee") for any parttaxes, componentduties, accessory, equipment imposts or system installed on similar charges for which the Aircraft on or before Delivery of such Aircraft. Notwithstanding other party (the "Indemnitor") has agreed to be liable pursuant to the provisions of Clauses 3.3.1 and 3.3.2this Agreement, the Buyer shall be liable for Indemnitee will promptly notify the Indemnitor. In lieu of any Sales Tax that may be imposed on Aircraft delivering from Mobile, Alabama, United States. 3.3.3 The Seller will arrange for direction or request by the exportation Indemnitor received within five (5) Working Days of the Aircraft from due date specified in said claim, the country Indemnitee may pay the amount of said tax, duty, impost or charge and claim against the Delivery Location and will pay any customs dutiesIndemnitor for reimbursement consistent with Subclause 4.4. However, taxes and fees required to be paid if requested by the Indemnitor in writing, the Indemnitee will, at the Indemnitor's expense, take such action as the Indemnitor may reasonably direct with respect to such exportation of the Aircraft. 3.3.4 The Buyer will arrange for the importation of the Aircraft into any country or jurisdiction asserted liability and will not pay any customs such taxes, duties, taxes imposts or similar charges except under protest, if protest is necessary. If payment is made, the Indemnitee will, at the Indemnitor's expense, take such action as the Indemnitor may reasonably direct to recover payment and fees required will, if requested, permit the Indemnitor in the Indemnitee's name to be file a claim or commence an action to recover such payment. If the Indemnitee will receive a refund or credit for all or any part of such taxes, duties, imposts or similar charges, then the Indemnitee will promptly repay the Indemnitor the amount of any such refund or credits which are attributable to the amount paid with respect to by the Indemnitor, including any interest received thereon, but less any expenses incurred by the Indemnitee in pursuing such importation of the Aircraftrefund or credit.

Taxes, Duties and Imposts. 3.3.1 The Seller will pay any and all taxes, duties, imposts or similar charges of any nature whatsoever, except Except for taxes based on or measured by the net income of the Buyer or any taxes of a similar nature or charges levied against the Buyer or its Affiliates for the privilege of doing business in any jurisdiction, the Seller will pay any and all taxes, duties, imposts or similar charges of any nature whatsoever that are (i) imposed upon the Buyer, (ii) imposed upon the Seller with an obligation on the Buyer to withhold or collect the amount thereof from the Seller or (iii) imposed upon the Buyer with an obligation on the Seller to withhold or collect such amount from the Buyer, and that are levied, assessed, charged or collected for or in connection with the fabrication, manufacture, modification, assembly, sale, delivery, use of or payment under this Agreement for any Aircraft, component, accessory, equipment or part delivered or furnished hereunderhereunder (excluding Buyer Furnished Equipment), provided such taxes, duties, imposts or similar charges have been levied, assessed, charged, or collected under laws promulgated and are enforceable under the laws of in the country of the Delivery Location and/or the country of manufacture, modification, assembly, sale, delivery, use of or payment for any part, component, accessory, equipment or system installed on the Aircraft [***] on or before Delivery ([***]) of such Aircraft. 3.3.2 The Except for taxes based on or measured by net income of the Seller or any taxes of a similar nature or charges levied against the Seller or its Affiliates for the privilege of doing business in any jurisdiction, the Buyer will pay any and all taxes, duties, imposts or similar charges of any nature whatsoever, except for taxes based on or measured by the income of the Seller or Associated Contractors or any taxes of a similar nature or charges levied against the Seller or its Affiliates or Associated Contractors for the privilege of doing business in any jurisdiction, whatsoever that are (i) imposed upon the Seller, (ii) imposed upon the Buyer with an obligation on the Seller to collect the amount thereof for the Buyer or (iii) imposed upon the Seller with an obligation for the Buyer to withhold such amount from the Seller, and that are levied, assessed, charged or collected for or in connection with the fabrication, manufacture, modification, assembly, sale, delivery or use of or payment under this Agreement for any Aircraft, component, accessory, equipment or part delivered or furnished hereunder, provided such taxes, duties, imposts or similar charges have been levied, assessed, charged or collected under laws promulgated and enforceable in countries [***]. 3.3.3 If either Party receives a notice of claim or assessment of a tax for which the other than the country of the applicable Delivery Location and/or the country of manufacture, modification, assembly, sale, delivery, use of Party may be liable under Clause 3.3.1 or payment for any part, component, accessory, equipment or system installed on the Aircraft on or before Delivery of such Aircraft. Notwithstanding the provisions of Clauses 3.3.1 and 3.3.2, the Buyer Party receiving the notice shall be promptly forward such notice to the other Party. Upon receipt of such notice, the other Party shall promptly notify the receiving Party whether it, in its sole discretion, elects to contest such claim or assessment. If the other Party elects to pursue such contest, it shall control such contest and shall pay all costs and expenses of pursuing such contest. If the other Party elects not to pursue a contest of such claim, the receiving Party may, at its own expense, elect to contest such claim, provided, however, that the other Party’s liability under Clause 3.3.1 or 3.3.2 shall not exceed the amount for which it would have otherwise been liable for any Sales Tax that may be imposed on Aircraft delivering from Mobile, Alabama, United Statesin the absence of such a contest. 3.3.3 3.3.4 The Seller will arrange for the exportation of the Aircraft from the country of the Delivery Location and will pay any customs duties, taxes and fees required to be paid with respect to such exportation of the Aircraft. 3.3.4 3.3.5 The Buyer will arrange for the importation of the Aircraft into any country or jurisdiction of its choosing and will pay any customs duties, taxes and fees required to be paid with respect to such importation of the Aircraft. The Seller will reasonably assist the Buyer in arranging such importation upon the Buyer’s request. 3.3.6 [***]. Nothing in this Clause 3.3.6 will relieve either of the Parties of any of their respective obligations under Clause 3.3.4 or 3.3.5, as applicable, or compel either Party to act in contravention of any regulations existing when the Aircraft is removed from the Delivery Location.

Taxes, Duties and Imposts. 3.3.1 3.4.1 The Seller will pay any and all taxes, duties, imposts or similar charges of any nature whatsoever, except for taxes based on or measured by the income of the Buyer Buyer, or any taxes of a similar nature or charges levied against the Buyer or its Affiliates for the privilege of doing business in any jurisdiction, that are (i) imposed upon the Buyer, (ii) imposed upon the Seller with an obligation on the Buyer to withhold or collect the amount thereof from the Seller or (iii) imposed upon the Buyer with an obligation on the Seller to withhold or collect such amount from the Buyer, and that are levied, assessed, charged or collected for or in connection with the fabrication, manufacture, modification, assembly, sale, delivery, use of of, or payment by it under this Agreement for for, any Aircraft, component, accessory, equipment or part delivered or furnished by it hereunder, provided such taxes, duties, imposts or similar charges have been promulgated and are enforceable under the laws of the country of the Delivery Location and/or the country of manufactureany country, modificationprovince, assembly, sale, delivery, use of municipality or payment for any part, component, accessory, equipment other jurisdiction or system installed on the Aircraft government entity thereof and are asserted with respect to events or circumstances occurring on or before Delivery of such Aircraft. Notwithstanding anything to the contrary in this Clause 3.4.1, the Seller will not be required to bear or pay or to indemnify the Buyer for taxes, imposts, charges, or duties, (i) to the extent imposed as the result of the Buyer’s engaging in activities in the jurisdiction imposing such tax which activities are unrelated to the transactions contemplated by this Agreement or as the result of being incorporated or organized in such jurisdiction or maintaining an office or having a place of business or other presence therein, (ii) arising out of or caused by the willful misconduct or gross negligence of the Buyer, (iii) that are interest, penalties, fines or additions to tax that would not have been imposed but for any failure by the Buyer to file any tax return or information return in a timely and proper manner, (iv) that are being contested by the Seller in good faith by appropriate proceedings during the pendency of such contest, or (v) that are imposed on or payable by a transferee of all or any part of the interest of the Buyer in the Aircraft or USA — Airbus A330 Purchase Agreement EXECUTION **Confidential Treatment Requested. PA — 14 of 95 PRIVILEGED AND CONFIDENTIAL any of its rights or obligations under this Agreement to the extent in excess of the taxes that would have been imposed on or payable by the Buyer in the absence of any such transfer. 3.3.2 3.4.2 The Buyer will pay any and all taxes, duties, imposts or similar charges of any nature whatsoever, except for taxes based on or measured by the income of the Seller or Associated Contractors or any taxes of a similar nature or charges levied against the Seller or its Affiliates or Associated Contractors for the privilege of doing business in any jurisdiction, that are (i) imposed upon the Seller, (ii) imposed upon the Buyer with an obligation on the Seller to collect the amount thereof for the Buyer or (iii) imposed upon the Seller with an obligation for on the Buyer to withhold such amount from the Seller, and that are levied, assessed, charged or collected for or in connection with the fabrication, manufacture, modification, assembly, sale, delivery or use of or payment under this Agreement for any Aircraft, component, accessory, equipment or part delivered or furnished by it hereunder, provided such taxes, duties, imposts or similar charges have been levied, assessed, charged or collected under laws promulgated and enforceable in countries under the laws of any country, province, municipality or other than the country of the applicable Delivery Location and/or the country of manufacture, modification, assembly, sale, delivery, use of jurisdiction or payment for any part, component, accessory, equipment government entity thereof and are asserted with respect to events or system installed on the Aircraft on or before circumstances occurring after Delivery of such Aircraft. Notwithstanding anything to the provisions of Clauses 3.3.1 and 3.3.2contrary in this Clause 3.4.2, the Buyer shall will not be liable required to bear or pay or to indemnify the Seller for taxes, imposts, charges, or duties, (i) to the extent imposed as the result of Seller’s engaging in activities in the jurisdiction imposing such tax which activities are unrelated to the transactions contemplated by this Agreement or as the result of being incorporated or organized in such jurisdiction or maintaining an office or having a place of business or other presence therein, (ii) arising out of or caused by the willful misconduct or gross negligence of the Seller, (iii) that are interest, penalties, fines or additions to tax that would not have been imposed but for any Sales Tax failure by the Seller to file any tax return or information return in a timely and proper manner, (iv) that may be are being contested by the Buyer in good faith by appropriate proceedings during the pendency of such contest, or (v) that are imposed on or payable by a transferee of all or any part of the interest of the Seller in the Aircraft delivering from Mobile, Alabama, United Statesor any of its rights or obligations under this Agreement to the extent in excess of the taxes that would have been imposed on or payable by the Seller in the absence of any such transfer. 3.3.3 3.4.3 The Seller will arrange for the exportation of the Aircraft from the country of the Delivery Location and will pay any customs duties, taxes and fees required to be paid with respect to such exportation of the Aircraft. 3.3.4 3.4.4 The Buyer will arrange for the importation of the Aircraft into any country or jurisdiction and will pay any customs duties, taxes and fees required to be paid with respect to such importation of the Aircraft. USA — Airbus A330 Purchase Agreement PA — 15 of 95 EXECUTION PRIVILEGED AND CONFIDENTIAL **Confidential Treatment Requested.

Taxes, Duties and Imposts. 3.3.1 4.4.1 The Seller will shall bear and pay the amount of any and all taxes, duties, imposts or similar charges of any nature whatsoever, except for taxes based on or measured by the income of the Buyer or any taxes of a similar nature or charges levied against the Buyer or its Affiliates for the privilege of doing business in any jurisdiction, whatsoever that are (i) imposed upon the Buyer, (ii) imposed upon the Seller with an obligation on the Buyer to withhold or collect the amount thereof from the Seller or (iii) imposed upon the Buyer with an obligation on the Seller to withhold or collect such amount from the Buyer, and that are levied, assessed, charged or collected for or in connection with the fabrication, manufacture, modification, assembly, sale, delivery, use of or payment under this Agreement for any Aircraft, component, accessory, equipment or part delivered or furnished hereunder, provided such taxes, duties, imposts or similar charges have been levied, assessed, charged or collected by the Republic of France under laws promulgated and are enforceable under in the laws Republic of the country of the Delivery Location and/or the country of manufacture, modification, assembly, sale, delivery, use of or payment for any part, component, accessory, equipment or system installed on the Aircraft on or before Delivery of such AircraftFrance. 3.3.2 4.4.2 The Buyer will shall bear and pay the amount of any and all taxes, duties, imposts or similar charges of any nature whatsoever, except for taxes based on or measured by the income of the Seller or Associated Contractors or any taxes of a similar nature or charges levied against the Seller or its Affiliates or Associated Contractors for the privilege of doing business in any jurisdiction, whatsoever that are (i) imposed upon the Seller, (ii) imposed upon the Buyer with an obligation on the Seller to collect the amount thereof for the Buyer or (iii) imposed upon the Seller with an obligation for the Buyer to withhold such amount from the Seller, and that are levied, assessed, charged or collected for or in connection with the fabrication, manufacture, modification, assembly, sale, delivery or use of or payment under this Agreement for any Aircraft, component, accessory, equipment or part delivered or furnished hereunder, provided such taxes, duties, imposts or similar charges have been levied, assessed, charged or collected under laws promulgated and enforceable in countries other than the country Republic of France under laws promulgated and enforceable in the applicable Delivery Location and/or the country Republic of manufacture, modification, assembly, sale, delivery, use of or payment for any part, component, accessory, equipment or system installed on the Aircraft on or before Delivery of such Aircraft. Notwithstanding the provisions of Clauses 3.3.1 and 3.3.2, the Buyer shall be liable for any Sales Tax that may be imposed on Aircraft delivering from Mobile, Alabama, United StatesFrance. 3.3.3 4.4.3 The Seller will arrange for shall in its own name do all things necessary with respect to the exportation of the Aircraft from the country of the Delivery Location France and will shall pay any customs duties, taxes and fees required to be paid with respect to such exportation of the Aircraft. 3.3.4 4.4.4 The Buyer will arrange for shall in its own name do all things necessary with respect to the importation of the Aircraft into any country or jurisdiction and will shall pay any customs duties, taxes and fees required to be paid with respect to such importation of the Aircraft. 5 - PRICE REVISION 5.1 Airframe Price Revision Formula The Base Price of the Airframe of each Aircraft, together with the Base Price of the engine configuration option and the Base Price of nacelles and thrust reversers (when applicable), shall be revised in accordance with the revision formula set forth in Exhibit "G" hereto to the month of delivery of such Aircraft.