Common use of Undisclosed Contracts Clause in Contracts

Undisclosed Contracts. Except as set forth on Schedule B.29: (a) No undisclosed portions of the Government Contracts constituting Undisclosed Contracts of Lockheed Xxxxxx (i) involve the performance of work by Lockheed Xxxxxx’x ELV Business of a materially different nature than work currently performed by Lockheed Xxxxxx’x ELV Business pursuant to Government Contracts to which Boeing has been provided access prior to the date of this Agreement, (ii) have terms which would result in total contract costs determined in accordance with GAAP indicating a loss (except that costs shall be based on the average costs of Lockheed Xxxxxx’x ELV Business for the applicable accounting year), (iii) include expressly unallowable termination costs, or (iv) contain any material terms that are not consistent with industry practice. (b) No undisclosed portions of the Galex Contract constituting an Undisclosed Contract of Lockheed Xxxxxx (i) impose any material unindemnified or uninsured liability on Lockheed Xxxxxx’x ELV Business that is not substantially similar in nature and scope to the liabilities under the portions of the Galex Contract or other Contracts to which Boeing has been provided access prior to the date of this Agreement, (ii) involve potential risks to Lockheed Xxxxxx’x ELV Business that are not comparable in nature and scope to the risks specified in the portions of the Galex Contract or other Contracts to which Boeing has been provided access prior to the date of this Agreement, (iii) involve the performance of work by Lockheed Xxxxxx’x ELV Business of a materially different nature than work currently performed by Lockheed Xxxxxx’x ELV Business pursuant to the portions of the Galex Contract or other Contracts to which Boeing has been provided access prior to the date of this Agreement; (iv) have terms which would result in total contract costs determined in accordance with GAAP indicating a loss (except that costs shall be based on the average costs of Lockheed Xxxxxx’x ELV Business for the applicable accounting year) or (v) contain any material terms that are not consistent with industry practice. (c) No undisclosed portions of the Contracts (other than Government Contracts and the Galex Contract) constituting Undisclosed Contracts of Lockheed Xxxxxx (i) involve the performance of work by Lockheed Xxxxxx’x ELV Business of a materially different nature than work currently performed by Lockheed Xxxxxx’x ELV Business pursuant to Contracts (other than Government Contracts and the Galex Contract) to which Boeing has been provided access prior to the date of this Agreement, (ii) have terms which would result in total contract costs determined in accordance with GAAP indicating a loss (except that costs shall be based on the average costs of Lockheed Xxxxxx’x ELV Business for the applicable accounting year), (iii) contain any material terms that are not consistent with industry practice or (iv) require Lockheed Xxxxxx’x ELV Business to “take or pay” for a minimum number or volume of goods, or to purchase a minimum number or volume of goods used in the manufacture of ELV Systems in excess of the current requirements of Lockheed Xxxxxx’x ELV Business under existing Contracts. Boeing hereby represents and warrants to Lockheed Xxxxxx and the Company, as of the date of this Agreement and as of the Closing Date, that:

Undisclosed Contracts. Except as set forth on Schedule B.29C.28: (a) No undisclosed portions of the Government Contracts constituting Undisclosed Contracts of Lockheed Xxxxxx (i) involve the performance of work by Lockheed Xxxxxx’x ELV Business of a materially different nature than work currently performed by Lockheed Xxxxxx’x ELV Business pursuant to Government Contracts to which Boeing has been provided access prior to the date of this Agreement, (ii) have terms which would result in total contract costs determined in accordance with GAAP indicating a loss (except that costs shall be based on the average costs of Lockheed Xxxxxx’x ELV Business for the applicable accounting year), (iii) include expressly unallowable termination costs, or (iv) contain any material terms that are not consistent with industry practice. (b) No undisclosed portions of the Galex Contract constituting an Undisclosed Contract of Lockheed Xxxxxx (i) impose any material unindemnified or uninsured liability on Lockheed Xxxxxx’x Boeing’s ELV Business that is not substantially similar in nature and scope to the liabilities under the portions of the Galex Contract or other Government Contracts to which Boeing Lockheed Martin has been provided access prior to the date of this Agreement, (ii) involve potential risks to Lockheed Xxxxxx’x Boeing’s ELV Business that are not comparable in nature and scope to the risks specified in the portions of the Galex Contract or other Contracts Government Contacts to which Boeing Lockheed Martin has been provided access prior to the date of this Agreement, (iii) involve the performance of work by Lockheed Xxxxxx’x Boeing’s ELV Business of a materially different nature than work currently performed by Lockheed Xxxxxx’x Boeing’s ELV Business pursuant to the portions of the Galex Contract or other Government Contracts to which Boeing Lockheed Martin has been provided access prior to the date of this Agreement; , (iv) have terms which would result in total contract costs determined in accordance with GAAP indicating a loss (except that costs shall be based on the average costs of Lockheed Xxxxxx’x Boeing’s ELV Business for the applicable accounting year), (v) include expressly unallowable termination costs, or (vvi) contain any material terms that are not consistent with industry practice. (cb) No undisclosed portions of the Contracts (other than Government Contracts and the Galex ContractContracts) constituting Undisclosed Contracts of Lockheed Xxxxxx Boeing (i) involve the performance of work by Lockheed Xxxxxx’x impose any material unindemnified or uninsured liability on Boeing’s ELV Business of a materially different that is not substantially similar in nature than work currently performed by Lockheed Xxxxxx’x ELV Business pursuant and scope to the liabilities under Contracts (other than Government Contracts and the Galex ContractContracts) to which Boeing Lockheed Martin has been provided access prior to the date of this Agreement, (ii) involve potential risks to Boeing’s ELV Business that are not comparable in nature and scope to the risks specified in the Contracts (other than Government Contracts) to which Lockheed Martin has been provided access prior to the date of this Agreement, (iii) involve the performance of work by Boeing’s ELV Business of a materially different nature than work currently performed by Boeing’s ELV Business pursuant to Contracts (other than Government Contracts) to which Lockheed Martin has been provided access prior to the date of this Agreement, (iv) have terms which would result in total contract costs determined in accordance with GAAP indicating a loss (except that costs shall be based on the average costs of Lockheed Xxxxxx’x Boeing’s ELV Business for the applicable accounting year), (iiiv) contain any material terms that are not consistent with industry practice or (ivvi) require Lockheed Xxxxxx’x Boeing’s ELV Business to “take or pay” for a minimum number or volume of goods, or to purchase a minimum number or volume of goods used in the manufacture of ELV Systems in excess of the current requirements of Lockheed Xxxxxx’x Boeing’s ELV Business under existing Contracts. Boeing The Company hereby represents and warrants to Lockheed Xxxxxx Martin and the CompanyBoeing, as of the date of this Agreement its formation and as of the Closing Date, that: