Common use of Values to be Utilized in the Event of Unavailability Clause in Contracts

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R and CPI values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 months after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Price Adjustment; such values will be used to determine any increase or decrease in the Engine Price Adjustment for the Engine from that determined at the time of delivery of the Aircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R and CPI values as defined above, such re-based values will be incorporated in the Engine Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. The values released by the Bureau of Labor Statistics and available to Boeing 30 days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R and CPI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index values, subject always to paragraph 2.4 above.

Appears in 1 contract

Samples: Purchase Agreement (Lan Airlines SA)

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Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R ECI and CPI ICI values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Airframe Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) will, prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 twenty-four (24) months after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Airframe Price Adjustment; such values will be used to determine any increase or decrease in the Engine Airframe Price Adjustment for the Engine Aircraft from that determined at the time of delivery of the Aircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R ECI and CPI ICI values as defined above, such re-based values will be incorporated in the Engine Airframe Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Aircraft Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 Exhibit AE1 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 twelve (12) months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Airframe Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Airframe Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. : (i) The values released by the Bureau of Labor Statistics and available to Boeing 30 thirty (30) days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R ECI and CPI ICI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Airframe Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Airframe Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index index values, subject always to paragraph 2.4 above.. CEA-PA-4076-AE1 AE1 Page 3 (ii) The maximum number of digits to the right of the decimal after rounding utilized in any part of the Airframe Price Adjustment equation will be 4, where rounding of the fourth digit will be increased to the next highest digit when the 5th digit is equal to five (5) or greater. CEA-PA-4076-AE1 AE1 Page 4

Appears in 1 contract

Samples: Purchase Agreement (China Eastern Airlines Corp LTD)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R and CPI values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Airframe Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) will, prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 months after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Airframe Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Airframe Price Adjustment for the Engine Aircraft from that determined at the time of delivery of the Aircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R and CPI values as defined above, such re-based values will be incorporated in the Engine Airframe Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Aircraft Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 Exhibit AE1 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Airframe Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit P.A. No. 3194 AE1-3 memorandum or supplemental invoice will be issued for the Engine Airframe Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. The values released by the Bureau of Labor Statistics and available to Boeing 30 days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R and CPI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Airframe Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Airframe Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index values, subject always to paragraph 2.4 above.

Appears in 1 contract

Samples: Purchase Agreement (Lan Airlines SA)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R ECI and CPI values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Airframe FED-PA-03712-AE1 December 12, 2011 Page 3 Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) will, prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 twenty-four (24) months after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Airframe Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Airframe Price Adjustment for the Engine Aircraft from that determined at the time of delivery of the Aircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R ECI and CPI values as defined above, such re-based values will be incorporated in the Engine Airframe Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Aircraft Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 Exhibit AE1 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 twelve (12) months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Airframe Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Airframe Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. : (i) The values released by the Bureau of Labor Statistics and available to Boeing 30 thirty (30) days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R ECI and CPI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Airframe Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Airframe Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index values, subject always to paragraph 2.4 above. (ii) The maximum number of digits to the right of the decimal after rounding utilized in any part of the Airframe Price Adjustment equation will be four (4), where rounding of the fourth digit will be increased to the next highest digit when the 5th digit is equal to five (5) or greater. FED-PA-03712-AE1 December 12, 2011 Page 4 P.A. No. 03712 BFE1 BOEING MODEL 767-300F AIRCRAFT This Supplemental Exhibit BFE1 contains vendor selection dates, on-dock dates and other variables applicable to the Aircraft.

Appears in 1 contract

Samples: Purchase Agreement (Fedex Corp)

Values to be Utilized in the Event of Unavailability. 2.1 If at the time of delivery of Product, CFMI is unable to determine the adjusted price because the applicable values to be used to determine the ***** have not been released by the Bureau of Labor Statistics, then: a) The Price Adjustment, to be used at the time of delivery of the Product, will be determined by utilizing the escalation provisions set forth above. The values released by the Bureau of Labor Statistics and available ***** prior to scheduled Product delivery month will be used to determine the ***** values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Product Price Adjustment. If no value has been released for an applicable month, the provisions set forth in Paragraph b, below, will apply. If prior to delivery of a Product, the U.S. Department of Labor changes the base year for determination of the ***** values as defined above, such rebase values will be incorporated in the Price Adjustment calculation. b) If prior to delivery of a Product, U.S. Department of Labor substantially revises the methodology used for the determination of the values to be used to determine the ECI-R and CPI ***** values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) CFMI will, prior to the delivery of any such AircraftProduct, to select a substitute for such values from other data published by the Bureau of Labor Statistics data or other similar data reported by non-governmental United States organizations. Such , such substitute will result to lead in application to the same adjustment, adjustment result insofar as possible, as would have been calculated utilizing achieved by continuing the use of the original values adjusted for fluctuation as they may have fluctuated during the applicable time period. Appropriate revisions of the formula will be made as required to reflect any substitute values. However, if within 24 months after ***** from delivery of the AircraftProduct, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Product Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Product Price Adjustment for the Engine from that determined at the time of delivery of the Aircraftsuch Product. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R and CPI values as defined above, such re-based values will be incorporated in the Engine Price Adjustment calculation. 2.3 c) In the event escalation provisions are made non-enforceable or otherwise rendered null and void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Price base price of any affected Aircraft Product to reflect an allowance for increases increase or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 decrease in labor compensation and material costs occurring since August February of the base price year prior to which is consistent with the price base year shown in the Purchase Agreementapplicable provisions of this Price Escalation formula. 2.4 If within 12 months of Aircraft deliveryd) For the calculation herein, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. The values released by the Bureau of Labor Statistics and available to Boeing 30 days CFMI at the end of the month prior to the first day of the scheduled Product delivery month of an Aircraft will be used to determine the ECI-R and CPI ***** values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to *****Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. e) calculate the Engine Product Price Adjustment for the Aircraft Product invoice at the time of delivery. The values will be considered final and no Engine Product Price Adjustments Adjustment will be made after Aircraft Product delivery for any subsequent changes in published Index index values, subject always to paragraph 2.4 above.

Appears in 1 contract

Samples: Letter Agreement (Frontier Group Holdings, Inc.)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R ECI and CPI values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Airframe Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) will, prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 twenty-four (24) months after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Airframe Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Airframe Price Adjustment for the Engine Aircraft from that determined at the time of delivery of the Aircraft.. XLR-PA-03941-AE1 AE1 Page 3 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R ECI and CPI values as defined above, such re-based values will be incorporated in the Engine Airframe Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Aircraft Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 Exhibit AE1 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 twelve (12) months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Airframe Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Airframe Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. : (i) The values released by the Bureau of Labor Statistics and available to Boeing 30 thirty (30) days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R ECI and CPI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Airframe Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Airframe Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index values, subject always to paragraph 2.4 above. (ii) The maximum number of digits to the right of the decimal after rounding utilized in any part of the Airframe Price Adjustment equation will be four (4), where rounding of the fourth digit will be increased to the next highest digit when the 5th digit is equal to five (5) or greater. XLR-PA-03941-AE1 AE1 Page 4 XLR-PA-03941-BFE1 BFE1 Page 1

Appears in 1 contract

Samples: Purchase Agreement (Ryanair Holdings PLC)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R ECI and CPI values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Airframe Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) will, prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 twenty-four (24) months after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Airframe Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Airframe Price Adjustment for the Engine Aircraft from that determined at the time of delivery of the Aircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R ECI and CPI values as defined above, such re-based values will be incorporated in the Engine Airframe Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Aircraft Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 Exhibit AE1 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 twelve (12) months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Airframe Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Airframe Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. : (i) The values released by the Bureau of Labor Statistics and available to Boeing 30 thirty (30) days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R ECI and CPI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Airframe Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Airframe Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index values, subject always to paragraph 2.4 above. (ii) The maximum number of digits to the right of the decimal after rounding utilized in any part of the Airframe Price Adjustment equation will be four (4), where rounding of the fourth digit will be increased to the next highest digit when the 5th digit is equal to five (5) or greater. COP-PA-03774-EXHAE1 Page 5 BOEING MODEL 737-8 MAX AIRCRAFT This Supplemental Exhibit BFE1 contains supplier selection dates, on-dock dates and other requirements applicable to the Aircraft.

Appears in 1 contract

Samples: Purchase Agreement (Copa Holdings, S.A.)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R ECI and CPI values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Airframe FED-PA-03712-AE1 December 12, 2011 Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) will, prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 twenty-four (24) months after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Airframe Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Airframe Price Adjustment for the Engine Aircraft from that determined at the time of delivery of the Aircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R ECI and CPI values as defined above, such re-based values will be incorporated in the Engine Airframe Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Aircraft Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 Exhibit AE1 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 twelve (12) months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Airframe Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Airframe Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. : (i) The values released by the Bureau of Labor Statistics and available to Boeing 30 thirty (30) days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R ECI and CPI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Airframe Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Airframe Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index values, subject always to paragraph 2.4 above. (ii) The maximum number of digits to the right of the decimal after rounding utilized in any part of the Airframe Price Adjustment equation will be four (4), where rounding of the fourth digit will be increased to the next highest digit when the 5th digit is equal to five (5) or greater. FED-PA-03712-AE1 December 12, 2011 P.A. No. 03712 BFE1 This Supplemental Exhibit BFE1 contains vendor selection dates, on-dock dates and other variables applicable to the Aircraft.

Appears in 1 contract

Samples: Purchase Agreement (Fedex Corp)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R ECI and CPI ICI values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Airframe Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) will, prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 months after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Airframe Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Airframe Price Adjustment for the Engine Aircraft from that determined at the time of delivery of the Aircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R ECI and CPI ICI values as defined above, such re-based values will be incorporated in the Engine Airframe Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Aircraft Price of any affected Aircraft to reflect an allowance for increases or decreases in labor compensation and material costs occurring since February of the price base year shown in the Purchase Agreement which is consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase AgreementExhibit AE1. 2.4 If within 12 months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Airframe Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Airframe Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. The values released by the Bureau of Labor Statistics and available to Boeing 30 days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R ECI and CPI ICI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Airframe Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Airframe Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index values, subject always to paragraph 2.4 above.

Appears in 1 contract

Samples: Purchase Agreement (Continental Airlines Inc /De/)

Values to be Utilized in the Event of Unavailability. 2.1 If at the time of delivery of Product, CFM is unable to determine the adjusted price because the applicable values to be used to determine the ***** have not been released by the Bureau of Labor Statistics, then: a) The Price Adjustment, to be used at the time of delivery of the Product, will be determined by utilizing the escalation provisions set forth above. The values released by the Bureau of Labor Statistics and available ***** prior to scheduled Product delivery month will be used to determine the ***** values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Product Price Adjustment. If no value has been released for an applicable month, the provisions set forth in Paragraph b, below, will apply. If prior to delivery of a Product, the U.S. Department of Labor changes the base year for determination of the ***** values as defined above, such rebase values will be incorporated in the Price Adjustment calculation. b) If prior to delivery of a Product, U.S. Department of Labor substantially revises the methodology used for the determination of the values to be used to determine the ECI-R and CPI ***** values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) CFM will, prior to the delivery of any such AircraftProduct, to select a substitute for such values from other data published by the Bureau of Labor Statistics data or other U.S. government entity or, if none is available, other similar data reported by non-governmental United States organizations. Such , such substitute will result to lead in application to the same adjustmentadjustment result, insofar as possible, as would have been calculated utilizing achieved by continuing the use of the original values adjusted for fluctuation as they may have fluctuated during the applicable time period. Appropriate revisions of the formula will be made as required to reflect any substitute values. However, if within 24 months after ***** from delivery of the AircraftProduct, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Product Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Product Price Adjustment for the Engine from that determined at the time of delivery of the Aircraftsuch Product. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R and CPI values as defined above, such re-based values will be incorporated in the Engine Price Adjustment calculation. 2.3 c) In the event escalation provisions are made non-enforceable or otherwise rendered null and void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Price base price of any affected Aircraft Product to reflect an allowance for increases increase or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 decrease in labor compensation and material costs occurring since August February of the base price year prior to which is consistent with the price base year shown in applicable provisions of this Price Escalation formula. *****Confidential portions of the Purchase Agreementmaterial have been omitted and filed separately with the Securities and Exchange Commission. 2.4 If within 12 months of Aircraft deliveryd) For the calculation herein, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. The values released by the Bureau of Labor Statistics and available to Boeing 30 days CFM at the end of the month prior to the first day of the scheduled Product delivery month of an Aircraft will be used to determine the ECI-R and CPI ***** values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Product Price Adjustment for the Aircraft Product invoice at the time of delivery. The values will be considered final and no Engine Product Price Adjustments Adjustment will be made after Aircraft Product delivery for any subsequent changes in published Index index values, subject always to paragraph 2.4 above.

Appears in 1 contract

Samples: Letter Agreement (Frontier Group Holdings, Inc.)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R ECI and CPI ICI values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Price Adjustment, Rolls-Royce plc General Electric Aircraft agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 months after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Price Adjustment for the Engine from that determined at the time of delivery of the Aircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R ECI and CPI ICI values as defined above, such re-based values will be incorporated in the Engine Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. The values released by the Bureau of Labor Statistics and available to Boeing 30 days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R and CPI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index values, subject always to paragraph 2.4 above.[*]

Appears in 1 contract

Samples: Purchase Agreement Novation and Amendment (Air Lease Corp)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R ECI and CPI ICI values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer Buyer (to the extent such parties may lawfully do so) prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 months after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Price Adjustment; such values will be used to determine any increase or decrease in the Engine Price Adjustment for the Engine from that determined at the time of delivery of the Aircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R ECI and CPI ICI values as defined above, such re-based values will be incorporated in the Engine Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph Paragraph 1 of this Supplemental Xxxxxxx XX0 in labor compensation and material costs occurring since August February of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. The values released by the Bureau of Labor Statistics and available to Boeing 30 days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R ECI and CPI ICI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index values, subject always to paragraph 2.4 above.

Appears in 1 contract

Samples: Purchase Agreement (Northwest Airlines Corp)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R ECI and CPI ICI values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Airframe Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) will, prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 twenty-four (24) months after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Airframe Price Adjustment; such values will be used to determine any increase or decrease in the Engine Airframe Price Adjustment for the Engine Aircraft from that determined at the time of delivery of the Aircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R ECI and CPI ICI values as defined above, such re-based values will be incorporated in the Engine Airframe Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Aircraft Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 Exhibit AE1 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 twelve (12) months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Airframe Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Airframe Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. CEA-PA-4077-AE1 AE1 Page 3 Note: i. : (i) The values released by the Bureau of Labor Statistics and available to Boeing 30 thirty (30) days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R ECI and CPI ICI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Airframe Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Airframe Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index index values, subject always to paragraph 2.4 above. (ii) The maximum number of digits to the right of the decimal after rounding utilized in any part of the Airframe Price Adjustment equation will be 4, where rounding of the fourth digit will be increased to the next highest digit when the 5th digit is equal to five (5) or greater. This Supplemental Exhibit BFE1 contains supplier selection dates, on-dock dates and other requirements applicable to the Aircraft.

Appears in 1 contract

Samples: Purchase Agreement (China Eastern Airlines Corp LTD)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R and CPI [ * ] values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Airframe Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) will, prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 months after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Airframe Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Airframe Price Adjustment for the Engine Aircraft from that determined at the time of delivery of the Aircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R and CPI [ * ] values as defined above, such re-based values will be incorporated in the Engine Airframe Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Aircraft Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 Exhibit AE1 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Airframe Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Airframe Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. The values released by the Bureau of Labor Statistics and available to Boeing 30 days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R and CPI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index values, subject always to paragraph 2.4 above.

Appears in 1 contract

Samples: Purchase Agreement (Atlas Air Worldwide Holdings Inc)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R and CPI [*CTR] values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Airframe Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) will, prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 [*CTR] months after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Airframe Price Adjustment; such values will be used to determine any increase or decrease in the Engine Airframe Price Adjustment for the Engine Aircraft from that determined at the time of delivery of the Aircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R and CPI [*CTR] values as defined above, such re-based values will be incorporated in the Engine Airframe Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Aircraft Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 Exhibit AE1 in labor compensation and material costs occurring since August of the year [*CTR] months prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 [*CTR] months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Airframe Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Airframe Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. GUN-PA-04666-AE1 Page 4 Note: i. : (i) The values released by the Bureau of Labor Statistics and available to Boeing 30 days [*CTR] prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R and CPI [*CTR] values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Airframe Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Airframe Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index index values, subject always to paragraph 2.4 above. (ii) The maximum number of digits to the right of the decimal after rounding utilized in any part of the Airframe Price Adjustment equation will be 4, where rounding of the fourth digit will be increased to the next highest digit when the 5th digit is equal to five (5) or greater. GUN-PA-04666-AE1 Page 5 This Supplemental Exhibit BFE1 contains supplier selection dates, on-dock dates and other requirements applicable to the Aircraft.

Appears in 1 contract

Samples: Purchase Agreement (China Southern Airlines Co LTD)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R ECI and CPI ICI values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Airframe Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) will, prior to the delivery of any such Aircraftaircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 months after delivery of the Aircraftaircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Airframe Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Airframe Price Adjustment for the Engine aircraft from that determined at the time of delivery of the Aircraftaircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R ECI and CPI ICI values as defined above, such re-based values will be incorporated in the Engine Airframe Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Purchase Price of any affected Aircraft aircraft to reflect an allowance for increases or decreases in labor compensation and material costs occurring since February of the price base year shown in the applicable purchase agreement which is consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement.Exhibit D. 2.4 If within 12 months of Aircraft delivery, the published index Index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Airframe Price Adjustment will be re-calculated using the revised index Index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum Credit Memo or supplemental invoice Supplemental Invoice will be issued for the Engine Airframe Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum Credit Memo or supplemental invoice. Note: i. The values released by the Bureau of Labor Statistics and available to Boeing 30 days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R and CPI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index values, subject always to paragraph 2.4 aboveSupplemental Invoice.

Appears in 1 contract

Samples: Aircraft General Terms Agreement (Hawaiian Airlines Inc/Hi)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R and CPI values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Price Adjustment, Rolls-Royce plc General Electric Aircraft agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental nongovernmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 months after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Price Adjustment; such values will be used to determine any increase or decrease in the Engine Price Adjustment for the Engine from that determined at the time of delivery of the Aircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R ECIR and CPI values as defined above, such re-based values will be incorporated in the Engine Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 Exhibit EEl in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. P.A. No. 3256 EE1 - 3 Note: i. The values released by the Bureau of Labor Statistics and available to Boeing 30 days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R and CPI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index values, subject always to paragraph 2.4 above.

Appears in 1 contract

Samples: Purchase Agreement (Lan Airlines SA)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R ECI and CPI values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Price Adjustment, Rolls-Royce plc General Electric Aircraft agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 twenty-four (24) months after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Price Adjustment; such values will be used to determine any increase or decrease in the Engine Price Adjustment for the Engine from that determined at the time of delivery of the Aircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R ECI and CPI values as defined above, such re-based values will be incorporated in the Engine Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 Exhibit EE1a in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 twelve (12) months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. **** NOTE: (i) The values released by the Bureau of Labor Statistics and available to Boeing 30 thirty (30) days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R ECI and CPI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index values, subject always to paragraph 2.4 above. (ii) The maximum number of digits to the right of the decimal after rounding utilized in any part of the Engine Price Adjustment equation will be four (4), where rounding of the fourth digit will be increased to the next highest digit when the 5th digit is equal to five (5) or greater.

Appears in 1 contract

Samples: Purchase Agreement (Avolon Holdings LTD)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R and CPI [***] values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Airframe Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) will, prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 [***] months after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Airframe Price Adjustment; such values will be used to determine any increase or decrease in the Engine Airframe Price Adjustment for the Engine Aircraft from that determined at the time of delivery of the Aircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R and CPI values [***] as defined above, such re-based values will be incorporated in the Engine Airframe Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Aircraft Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 Exhibit AE1 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 [***] months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Airframe Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Airframe Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. : (i) The values released by the Bureau of Labor Statistics and available to Boeing 30 thirty (30) days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R ECI and CPI ICI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Airframe Price Adjustment for the Aircraft invoice at the GUN-PA-03980-AE1 AE1 Page 4 time of delivery. The values will be considered final and no Engine Airframe Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index index values, subject always to paragraph 2.4 above. (ii) The maximum number of digits to the right of the decimal after rounding utilized in any part of the Airframe Price Adjustment equation will be 4, where rounding of the fourth digit will be increased to the next highest digit when the 5th digit is equal to five (5) or greater. GUN-PA-03980-AE1 AE1 Page 5 GUN-PA-03980-BFE1 This Supplemental Exhibit BFE1 contains supplier selection dates, on-dock dates and other requirements applicable to the Aircraft.

Appears in 1 contract

Samples: Purchase Agreement (China Southern Airlines Co LTD)

Values to be Utilized in the Event of Unavailability. 2.1 If at the time of delivery of Product, CFM is unable to determine the adjusted price because the applicable values to be used to determine the ***** have not been released by the Bureau of Labor Statistics, then: (a) The Price Adjustment, to be used at the time of delivery of the Product, will be determined by utilizing the escalation provisions set forth above. The values released by the Bureau of Labor Statistics and available ***** prior to scheduled Product delivery month will be used to determine the ***** values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Product Price Adjustment. If no value have been released for an applicable month, the provisions set forth in Paragraph b, below, will apply. If prior to delivery of a Product, the U.S. Department of Labor changes the base year for determination of the ***** values as defined above, such rebase values will be incorporated in the Price Adjustment calculation. (b) If prior to delivery of a Product, U.S. Department of Labor substantially revises the methodology used for the determination of the values to be used to determine the ECI-R and CPI ***** values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) CFM will, prior to the delivery of any such AircraftProduct, to select a substitute for such values from other data published by the Bureau of Labor Statistics data or other similar data reported by non-governmental United States organizations. Such , such substitute will result to lead in application to the same adjustment, adjustment result insofar as possible, as would have been calculated utilizing achieved by continuing the use of the original values adjusted for fluctuation as they may have fluctuated during the applicable time period. Appropriate revisions of the formula will be made as required to reflect any substitute values. However, if within 24 months after ***** from delivery of the AircraftProduct, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Product Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Product Price Adjustment for the Engine from that determined at the time of delivery of the Aircraftsuch Product. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R and CPI values as defined above, such re-based values will be incorporated in the Engine Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. The values released by the Bureau of Labor Statistics and available to Boeing 30 days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R and CPI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index values, subject always to paragraph 2.4 above.

Appears in 1 contract

Samples: Letter Agreement (Frontier Group Holdings, Inc.)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R and CPI [*CTR] values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Airframe Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) will, prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 months [*CTR] after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Airframe Price Adjustment; such values will be used to determine any increase or decrease in the Engine Airframe Price Adjustment for the Engine Aircraft from that determined at the time of delivery of the Aircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R and CPI [*CTR] values as defined above, such re-based values will be incorporated in the Engine Airframe Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Aircraft Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 Exhibit AE1 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 [*CTR] months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Airframe Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Airframe Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. : (i) The values released by the Bureau of Labor Statistics and available to Boeing 30 days [*CTR] prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R and CPI [*CTR] values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Airframe Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Airframe Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index index values, subject always to paragraph 2.4 above. (ii) The maximum number of digits to the right of the decimal after rounding utilized in any part of the Airframe Price Adjustment equation will be 4, where rounding of the fourth digit will be increased to the next highest digit when the 5th digit is equal to five (5) or greater. XIA-PA-03807 AE1 SA-3 PA 3807 SA-3 Exhibit BFE2 Page 1 BOEING MODEL 737-8 TABLE 1B AIRCRAFT This Supplemental Exhibit BFE2 contains supplier selection dates, on-dock dates and other requirements applicable to the Aircraft.

Appears in 1 contract

Samples: Purchase Agreement (China Southern Airlines Co LTD)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially *** revises the methodology used for the determination of the values to be used to determine the ECI-R *** and CPI *** values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Airframe Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) will, prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data *** or similar data reported by non-governmental organizations***. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 months *** after delivery of the Aircraft, the Bureau of Labor Statistics *** should resume releasing values for the months needed to determine the Engine Airframe Price Adjustment; such values , *** will be used to determine any increase *** or decrease *** in the Engine Price Adjustment *** for the Engine *** from that determined *** at the time *** of delivery *** of the Aircraft***. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics *** changes the base year for determination of the ECI-R *** and CPI *** values as defined above, such re-based values *** will be incorporated *** in the Engine Price Adjustment calculation***. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust *** the Engine Price *** of any affected Aircraft *** to reflect *** an allowance *** for increases *** or decreases consistent *** with the applicable provisions *** of paragraph 1 *** of this Supplemental Xxxxxxx XX0 *** in labor compensation *** and material costs occurring *** since August *** of the year prior *** to the price base year shown *** in the Purchase Agreement***. 2.4 If within 12 months *** of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Airframe Price Adjustment will be re-calculated using the revised index values *** (this does not include those values noted as preliminary by the Bureau of Labor Statistics***). A credit memorandum *** or supplemental invoice *** will be issued for the Engine Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply *** for the period of original invoice to issuance of credit memorandum *** or supplemental invoice***. Note: i. Notes: (i) The values released by the Bureau of Labor Statistics *** and available to Boeing 30 days *** prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R *** and CPI values *** for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics***) to calculate the Engine Airframe Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Price Adjustments *** will be made after Aircraft delivery *** for any subsequent changes *** in published Index values***. (ii) The maximum number of digits to the right of the decimal after rounding utilized in any part of the Airframe Price Adjustment equation will be four (4), subject always where rounding of the fourth digit will be increased to paragraph 2.4 above.the next highest digit when the 5th digit is equal to five (5) or greater. UAL-PA-03784-AE1 XX-0 XX0 Page 4

Appears in 1 contract

Samples: Purchase Agreement (United Airlines, Inc.)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R ECI and CPI ICI values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Airframe Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) will, prior to the delivery of any such Aircraftaircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 months after delivery of the Aircraftaircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Airframe Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Airframe Price Adjustment for the Engine aircraft from that determined at the time of delivery of the Aircraftaircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R ECI and CPI ICI values as defined above, such re-based values will be incorporated in the Engine Airframe Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Purchase Price of any affected Aircraft aircraft to reflect an allowance for increases or decreases in labor compensation AGTA-DAL 80 and material costs occurring since February, 1995, which is consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Exhibit D. Note: i. The values released by the Bureau of Labor Statistics and available to Boeing 30 days prior to the first day of the scheduled delivery month of an Aircraft aircraft will be used to determine the ECI-R ECI and CPI ICI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Airframe Price Adjustment for the Aircraft aircraft invoice at the time of delivery. The values will be considered final and no Engine Aircraft Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index values, subject always to paragraph 2.4 above.

Appears in 1 contract

Samples: Aircraft General Terms Agreement (Delta Air Lines Inc /De/)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R ECI and CPI values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Airframe Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) will, prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 twenty-four (24) months after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Airframe Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Airframe Price Adjustment for the Engine Aircraft from that determined at the time of delivery of the Aircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R ECI and CPI values as defined above, such re-based values will be incorporated in the Engine Airframe Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Aircraft Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 Exhibit AE1 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 twelve (12) months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Airframe Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Airframe Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. The values released by the Bureau of Labor Statistics and available to Boeing 30 days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R and CPI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index values, subject always to paragraph 2.4 above.

Appears in 1 contract

Samples: Purchase Agreement (Ryanair Holdings PLC)

Values to be Utilized in the Event of Unavailability. 2.1 If at the time of delivery of Product, CFM is unable to determine the adjusted price because the applicable values to be used to determine the [***] have not been released by the Bureau of Labor Statistics, then: a) The Price Adjustment, to be used at the time of delivery of the Product, will be determined by utilizing the escalation provisions set forth above. The values released by the Bureau of Labor Statistics and available [***] prior to scheduled Product delivery month will be used to determine the [***] values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Product Price Adjustment. If no value have been released for an applicable month, the provisions set forth in Paragraph b, below, will apply. If prior to delivery of a Product, the U.S. Department of Labor changes the base year for determination of the [***] values as defined above, such rebase values will be incorporated in the Price Adjustment calculation. b) If prior to delivery of a Product, U.S. Department of Labor substantially revises the methodology used for the determination of the values to be used to determine the ECI-R and CPI [***] values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) CFM will, prior to the delivery of any such AircraftProduct, to select a substitute for such values from other data published by the Bureau of Labor Statistics data or other similar data reported by non-governmental United States organizations. Such , such substitute will result to lead in application to the same adjustment, adjustment result insofar as possible, as would have been calculated utilizing achieved by continuing the use of the original values adjusted for fluctuation as they may have fluctuated during the applicable time period. Appropriate revisions of the formula will be made as required to reflect any substitute values. However, if within 24 months after [***] from delivery of the AircraftProduct, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Product Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Product Price Adjustment for the Engine from that determined at the time of delivery of the Aircraftsuch Product. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R and CPI values as defined above, such re-based values will be incorporated in the Engine Price Adjustment calculation. 2.3 c) In the event escalation provisions are made non-enforceable or otherwise rendered null and void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Price base price of any affected Aircraft Product to reflect an allowance for increases increase or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 decrease in labor compensation and material costs occurring since August February of the base price year prior to which is consistent with the price base year shown in the Purchase Agreementapplicable provisions of this Price Escalation formula. 2.4 If within 12 months of Aircraft deliveryd) For the calculation herein, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. The values released by the Bureau of Labor Statistics and available to Boeing 30 days CFM at the end of the month prior to the first day of the scheduled Product delivery month of an Aircraft will be used to determine the ECI-R and CPI [***] values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Product Price Adjustment for the Aircraft Product invoice at the time of delivery. The values will be considered final and no Engine Product Price Adjustments Adjustment will be made after Aircraft Product delivery for any subsequent changes in published Index index values, subject always to paragraph 2.4 above.

Appears in 1 contract

Samples: Letter Agreement (Frontier Group Holdings, Inc.)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R and CPI [*CTR] values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Airframe Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) will, prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 months [*CTR] after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Airframe Price Adjustment; such values will be used to determine any increase or decrease in the Engine Airframe Price Adjustment for the Engine Aircraft from that determined at the time of delivery of the Aircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R and CPI [*CTR] values as defined above, such re-based values will be incorporated in the Engine Airframe Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Aircraft Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 Exhibit AE1 in labor compensation and material costs occurring since August of the year [*CTR] prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 months [*CTR] of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Airframe Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Airframe Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. GUN-PA-04676-AE1 Page 4 Note: i. : (i) The values released by the Bureau of Labor Statistics and available to Boeing 30 days [*CTR] prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R and CPI values [*CTR] for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Airframe Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Airframe Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index index values, subject always to paragraph 2.4 above. (ii) The maximum number of digits to the right of the decimal after rounding utilized in any part of the Airframe Price Adjustment equation will be 4, where rounding of the fourth digit will be increased to the next highest digit when the 5th digit is equal to five (5) or greater. GUN-PA-04676-AE1 Page 5 This Supplemental Exhibit BFE1 contains supplier selection dates, on-dock dates and other requirements applicable to the Aircraft.

Appears in 1 contract

Samples: Purchase Agreement (China Southern Airlines Co LTD)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R and CPI values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Airframe Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) will, prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 months after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Airframe Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Airframe Price Adjustment for the Engine Aircraft from that determined at the time of delivery of the Aircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R and CPI values as defined above, such re-based values will be incorporated in the Engine Airframe Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Aircraft Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 Exhibit AE1 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Airframe Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Airframe Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. P.A. No. 3256 AEI-3 Note: i. The values released by the Bureau of Labor Statistics and available to Boeing 30 days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R and CPI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Airframe Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Airframe Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index values, subject always to paragraph 2.4 above. ii. The maximum number of digits to the right of the decimal after rounding utilized in any part of the Airframe Price Adjustment equation will be 4, where rounding of the fourth digit will be increased to the next highest digit when the 5th digit is equal to 5 or greater. P.A. No. 3256 AE1-4 P.A. No. 3256 BFE1 This Supplemental Exhibit BFE1 contains vendor selection dates, on-dock dates and other requirements applicable to the Boeing Model 787 aircraft.

Appears in 1 contract

Samples: Purchase Agreement (Lan Airlines SA)

Values to be Utilized in the Event of Unavailability. 2.1 If at the time of delivery of Product, CFMI is unable to determine the adjusted price because the applicable values to be used to determine the ***** have not been released by the Bureau of Labor Statistics, then: a) The Price Adjustment, to be used at the time of delivery of the Product, will be determined by utilizing the escalation provisions set forth above. The values released by the Bureau of Labor Statistics and available ***** prior to scheduled Product delivery month will be used to determine the ***** values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Product Price Adjustment. If no value has been released for an applicable month, the provisions set forth in Paragraph b, below, will apply. If prior to delivery of a Product, the U.S. Department of Labor changes the base year for determination of the ***** values as defined above, such rebase values will be incorporated in the Price Adjustment calculation. b) If prior to delivery of a Product, U.S. Department of Labor substantially revises the methodology used for the determination of the values to be used to determine the ECI-R and CPI ***** values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) CFMI will, prior to the delivery of any such AircraftProduct, to select a substitute for such values from other data published by the Bureau of Labor Statistics data or other similar data reported by non-governmental United States organizations. Such , such substitute will result to lead in application to the same adjustment, adjustment result insofar as possible, as would have been calculated utilizing achieved by continuing the use of the original values adjusted for fluctuation as they may have fluctuated during the applicable time period. Appropriate revisions of the formula will be made as required to reflect any substitute values. However, if within 24 months after ***** from delivery of the AircraftProduct, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Product Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Product Price Adjustment for the Engine from that determined at the time of delivery of the Aircraftsuch Product. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R and CPI values as defined above, such re-based values will be incorporated in the Engine Price Adjustment calculation. 2.3 c) In the event escalation provisions are made non-enforceable or otherwise rendered null and void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Price base price of any affected Aircraft Product to reflect an allowance for increases increase or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 decrease in labor compensation and material costs occurring since August February of the base price year prior to which is consistent with the price base year shown in the Purchase Agreementapplicable provisions of this Price Escalation formula. 2.4 If within 12 months of Aircraft deliveryd) For the calculation herein, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. The values released by the Bureau of Labor Statistics and available to Boeing 30 days CFMI at the end of the month prior to the first day of the scheduled Product delivery month of an Aircraft will be used to determine the ECI-R and CPI ***** values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to to e) calculate the Engine Product Price Adjustment for the Aircraft Product invoice at the time of delivery. The values will be considered final and no Engine Product Price Adjustments Adjustment will be made after Aircraft Product delivery for any subsequent changes in published Index index values, subject always to paragraph 2.4 above.

Appears in 1 contract

Samples: Letter Agreement (Frontier Group Holdings, Inc.)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R ECI and CPI ICI values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 months after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Price Adjustment for the Engine from that determined at the time of delivery of the Aircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R ECI and CPI ICI values as defined above, such re-based values will be incorporated in the Engine Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. The values released by the Bureau of Labor Statistics and available to Boeing 30 days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R and CPI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index values, subject always to paragraph 2.4 above.[*]

Appears in 1 contract

Samples: Purchase Agreement Novation and Amendment (Air Lease Corp)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R ECI and CPI values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Aircraft Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) will, prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data P.A. Xx. 0000 XX-00 reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 twenty-four (24) months after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Aircraft Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Aircraft Price Adjustment for the Engine Aircraft from that determined at the time of delivery of the Aircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R ECI and CPI values as defined above, such re-based values will be incorporated in the Engine Aircraft Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Aircraft Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 Exhibit D-2 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 twelve (12) months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Aircraft Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Aircraft Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. : (i) The values released by the Bureau of Labor Statistics and available to Boeing 30 thirty (30) days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R ECI and CPI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Aircraft Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Aircraft Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index values, subject always to paragraph 2.4 above. (ii) The maximum number of digits to the right of the decimal after rounding utilized in any part of the Aircraft Price Adjustment equation will be four (4), where rounding of the fourth digit will be increased to the next highest digit when the 5th digit is equal to five (5) or greater.

Appears in 1 contract

Samples: Supplemental Agreement (Southwest Airlines Co)

Values to be Utilized in the Event of Unavailability. 2.1 If at the time of delivery of Product, CFM is unable to determine the adjusted price because the applicable values to be used to determine the ***** have not been released by the Bureau of Labor Statistics, then: (a) The Price Adjustment, to be used at the time of delivery of the Product, will be determined by utilizing the escalation provisions set forth above. The values released by the Bureau of Labor Statistics and available ***** prior to scheduled Product delivery month will be used to determine the ***** values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Product Price Adjustment. If no value have been released for an applicable month, the provisions set forth in Paragraph b, below, will apply. If prior to delivery of a Product, the U.S. Department of Labor changes the base year for determination of the ***** values as defined above, such rebase values will be incorporated in the Price Adjustment calculation. (b) If prior to delivery of a Product, U.S. Department of Labor substantially revises the methodology used for the determination of the values to be used to determine the ECI-R and CPI ***** values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) CFM will, prior to the delivery of any such AircraftProduct, to select a substitute for such values from other data published by the Bureau of Labor Statistics data or other similar data reported by non-governmental United States organizations. Such , such substitute will result to lead in application to the same adjustment, adjustment result insofar as possible, as would have been calculated utilizing achieved by continuing the use of the original values adjusted for fluctuation as they may have fluctuated during the applicable time period. Appropriate revisions of the formula will be made as required to reflect any substitute values. However, if within 24 months after ***** from delivery of the AircraftProduct, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Product Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Product Price Adjustment for the Engine from that determined at the time of delivery of the Aircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination such Product. *****Confidential portions of the ECI-R material have been omitted and CPI values as defined above, such re-based values will be incorporated in the Engine Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Price of any affected Aircraft to reflect an allowance for increases or decreases consistent filed separately with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 in labor compensation Securities and material costs occurring since August of the year prior to the price base year shown in the Purchase AgreementExchange Commission. 2.4 If within 12 months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. The values released by the Bureau of Labor Statistics and available to Boeing 30 days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R and CPI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index values, subject always to paragraph 2.4 above.

Appears in 1 contract

Samples: Letter Agreement (Frontier Group Holdings, Inc.)

Values to be Utilized in the Event of Unavailability. 2.1 If at the time of delivery of Product, CFMI is unable to determine the adjusted price because the applicable values to be used to determine the ECI and IC have not been released by the Bureau of Labor Statistics, then: a) The Price Adjustment, to be used at the time of delivery of the Product, will be determined by utilizing the escalation provisions set forth above. The values released by the Bureau of Labor Statistics and available 30 days prior to scheduled Product delivery month will be used to determine ***** for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Product Price Adjustment. If no value have been released for an applicable month, the provisions set forth in Paragraph b, below, will apply. If prior to delivery of a Product, the U.S. Department of Labor changes the base year for determination of ***** as defined above, such rebase values will be incorporated in the Price Adjustment calculation. b) If prior to delivery of a Product, U.S. Department of Labor substantially revises the methodology used for the determination of the values to be used to determine the ECI-R and CPI values ***** (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) CFM will, prior to the delivery of any such AircraftProduct, to select a substitute for such values from other data published by the Bureau of Labor Statistics data or other similar data reported by non-governmental United States organizations. Such , such substitute will result to lead in application to the same adjustment, adjustment result insofar as possible, as would have been calculated utilizing achieved by continuing the use of the original values adjusted for fluctuation as they may have fluctuated during the applicable time period. Appropriate revisions of the formula will be made as required to reflect any substitute values. However, if within 24 months after from delivery of the AircraftProduct, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Product Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Product Price Adjustment for the Engine from that determined at the time of delivery of the Aircraftsuch Product. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R and CPI values as defined above, such re-based values will be incorporated in the Engine Price Adjustment calculation. 2.3 c) In the event escalation provisions are made non-enforceable or otherwise rendered null and void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Price base price of any affected Aircraft Product to reflect an allowance for increases increase or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 decrease in labor compensation and material costs occurring since August of from the year period represented by the applicable CPI to the ***** prior to the price base year shown in the Purchase Agreementscheduled month of delivery of such Product. 2.4 If within 12 months of Aircraft deliveryd) For the calculation herein, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. The values released by the Bureau of Labor Statistics and available to Boeing 30 days CFM at the end of the month prior to the first day of the scheduled Product delivery month of an Aircraft will be used to determine the ECI-R and CPI values ***** for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Product Price Adjustment for the Aircraft Product invoice at the time of delivery. The values will be considered final and no Engine Product Price Adjustments Adjustment will be made after Aircraft Product delivery for any subsequent changes in published Index index values, subject always to paragraph 2.4 above.. ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. LETTER AGREEMENT NO. 1

Appears in 1 contract

Samples: General Terms Agreement (Virgin America Inc.)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R ECI and CPI values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Airframe Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) will, prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 months after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Airframe Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Airframe Price Adjustment for the Engine Aircraft from that determined at the time of delivery of the Aircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R ECI and CPI values as defined above, such re-based values will be incorporated in the Engine Airframe Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Aircraft Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 Exhibit AE1 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Airframe Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Airframe Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. The values released by the Bureau of Labor Statistics and available to Boeing 30 days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R ECI and CPI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Airframe Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Airframe Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index values, subject always to paragraph 2.4 above.

Appears in 1 contract

Samples: Purchase Agreement (China Southern Airlines Co LTD)

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Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics [***] substantially revises the methodology used for the determination of the values to be used to determine the ECI-R and CPI [***] values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Airframe Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) will, prior to the delivery of any such Aircraftaircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations[***]. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 months after delivery of the Aircraft, the Bureau of Labor Statistics [***],[***] should resume releasing values for the months needed to determine the Engine Airframe Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Airframe Price Adjustment for the Engine aircraft from that determined at the time of delivery of the Aircraftaircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics aircraft [***] changes the base year for determination of the ECI-R and CPI [***] values as defined above, such re-based values will be incorporated in the Engine Airframe Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government[***], the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Purchase Price of any affected Aircraft aircraft to reflect an allowance for increases or decreases in labor compensation and material costs occurring since February of the price base year prior in the applicable purchase agreement which is consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement.Exhibit D. 2.4 If within 12 months of Aircraft delivery[***], the published index [***] values are revised due to an acknowledged error by the Bureau of Labor Statistics[***], the Engine Airframe Price Adjustment will be re-calculated using the revised index [***] values (this does not include those values noted as preliminary by the Bureau of Labor Statistics[***]). A credit memorandum Credit Memo or supplemental invoice Supplemental Invoice will be issued for the Engine Airframe Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum Credit Memo or supplemental invoice. Note: i. The values released by the Bureau of Labor Statistics and available to Boeing 30 days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R and CPI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index values, subject always to paragraph 2.4 aboveSupplemental Invoice.

Appears in 1 contract

Samples: Aircraft General Terms Agreement (Hawaiian Holdings Inc)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R ECI and CPI values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Airframe Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) will, prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 months after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Airframe Price Adjustment; such values will be used to determine any increase or decrease in the Engine Airframe Price Adjustment for the Engine Aircraft from that determined at the time of delivery of the Aircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R ECI and CPI values as defined above, such re-based values will be incorporated in the Engine Airframe Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Aircraft Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 Exhibit AEI in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Airframe Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Airframe Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. The values released by the Bureau of Labor Statistics and available to Boeing 30 days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R and CPI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index values, subject always to paragraph 2.4 above.

Appears in 1 contract

Samples: Supplemental Agreement (Copa Holdings, S.A.)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R ECI and CPI values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Airframe Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) will, prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 twenty-four (24) months after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Airframe Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Airframe Price Adjustment for the Engine Aircraft from that determined at the time of delivery of the Aircraft.. VLS -PA-03815-AE1 AE1 Page 2 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R ECI and CPI values as defined above, such re-based values will be incorporated in the Engine Airframe Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Aircraft Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 Exhibit AE1 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 twelve (12) months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Airframe Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Airframe Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. **** Note: i. : (i) The values released by the Bureau of Labor Statistics and available to Boeing 30 thirty (30) days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R ECI and CPI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Airframe Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Airframe Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index values, subject always to paragraph 2.4 above. (ii) The maximum number of digits to the right of the decimal after rounding utilized in any part of the Airframe Price Adjustment equation will be four (4), where rounding of the fourth digit will be increased to the next highest digit when the 5th digit is equal to five (5) or greater. VLS -PA-03815-AE1 AE1 Page 3 VLS -PA-03815-BFE1 This Supplemental Exhibit BFE1 contains supplier selection dates, on-dock dates and other requirements applicable to the Aircraft.

Appears in 1 contract

Samples: Purchase Agreement (Avolon Holdings LTD)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R ECI and CPI ICI values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Airframe Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) will, prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 twenty-four (24) months after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Airframe Price Adjustment; such values will be used to determine any increase or decrease in the Engine Airframe Price Adjustment for the Engine Aircraft from that determined at the time of delivery of the Aircraft.. XIA-PA-03757-AE1 AE1 Page 3 BOEING PROPRIETARY 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R ECI and CPI ICI values as defined above, such re-based values will be incorporated in the Engine Airframe Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Aircraft Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 Exhibit AE1 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 twelve (12) months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Airframe Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Airframe Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. : (i) The values released by the Bureau of Labor Statistics and available to Boeing 30 thirty (30) days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R ECI and CPI ICI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Airframe Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Airframe Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index index values, subject always to paragraph 2.4 above. (ii) The maximum number of digits to the right of the decimal after rounding utilized in any part of the Airframe Price Adjustment equation will be 4, where rounding of the fourth digit will be increased to the next highest digit when the 5th digit is equal to five (5) or greater. XIA-PA-03757-AE1 AE1 Page 4 BOEING PROPRIETARY XIA-PA-03757-BFE1 BFE1 Page 1 BOEING PROPRIETARY This Supplemental Exhibit BFE1 contains supplier selection dates, on-dock dates and other requirements applicable to the Aircraft.

Appears in 1 contract

Samples: Purchase Agreement (China Southern Airlines Co LTD)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R ECI and CPI ICI values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Airframe Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) will, prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 twenty-four (24) months after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Airframe Price Adjustment; such values will be used to determine any increase or decrease in the Engine Airframe Price Adjustment for the Engine Aircraft from that determined at the time of delivery of the Aircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R ECI and CPI ICI values as defined above, such re-based values will be incorporated in the Engine Airframe Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Aircraft Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 Exhibit AE1 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 twelve (12) months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Airframe Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Airframe Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. : (i) The values released by the Bureau of Labor Statistics and available to Boeing 30 thirty (30) days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R ECI and CPI ICI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Airframe Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Airframe Price Adjustments will be made after Aircraft delivery for Supplemental Exhibit AE1 Page 4 any subsequent changes in published Index index values, subject always to paragraph 2.4 above. (ii) The maximum number of digits to the right of the decimal after rounding utilized in any part of the Airframe Price Adjustment equation will be 4, where rounding of the fourth digit will be increased to the next highest digit when the 5th digit is equal to five (5) or greater. Supplemental Exhibit AE1 Page 5 Supplemental Exhibit BFE1 Page 4

Appears in 1 contract

Samples: Purchase Agreement (China Southern Airlines Co LTD)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R and CPI [*****] values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Price Adjustment, Rolls-Royce plc General Electric Aircraft agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 months [*****] after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Price Adjustment for the Engine from that determined at the time of delivery of the Aircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R and CPI values [*****] as defined above, such re-based values will be incorporated in the Engine Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement.. “[***]” This information is subject to confidential treatment and has been omitted and filed separately with the commission XXXX Terms Updates LA Page 38 2.4 If within 12 months [**************] of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. NOTE: (i) The values released by the Bureau of Labor Statistics and available to Boeing 30 thirty (30) days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R and CPI [*****] values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index values, subject always to paragraph 2.4 above. (ii) The maximum number of digits to the right of the decimal after rounding utilized in any part of the Engine Price Adjustment equation will be four (4), where rounding of the fourth digit will be increased to the next highest digit when the 5th digit is equal to five (5) or greater.

Appears in 1 contract

Samples: Purchase Agreement (China Southern Airlines Co LTD)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R ECI and CPI values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Airframe Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) will, prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 months after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Airframe Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Airframe Price Adjustment for the Engine Aircraft from that determined at the time of delivery of the Aircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R ECI and CPI values as defined above, such re-based values will be incorporated in the Engine Airframe Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Aircraft Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 Exhibit AE1 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 twelve (12) months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Airframe Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Airframe Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. P.A. No. 2126 AE1-*** SA-24 LAN AIRLINES S.A. Note: i. The values released by the Bureau of Labor Statistics and available to Boeing 30 days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R ECI and CPI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Airframe Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Airframe Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index values, subject always to paragraph Paragraph 2.4 above.

Appears in 1 contract

Samples: Supplemental Agreement (Lan Airlines SA)

Values to be Utilized in the Event of Unavailability. 2.1 If at the time of delivery of Product, CFMI is unable to determine the adjusted price because the applicable values to be used to determine the L and IC have not been released by the Bureau of Labor Statistics, then: a) The Price Adjustment, to be used at the time of delivery of the Product, will be determined by utilizing the escalation provisions set forth above. The values released by the Bureau of Labor Statistics and available 30 days prior to scheduled Product delivery month will be used to determine ***** for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Product Price Adjustment. If no value have been released for an applicable month, the provisions set forth in Paragraph b, below, will apply. If prior to delivery of a Product, the U.S. Department of Labor changes the base year for determination of ***** as defined above, such rebase values will be incorporated in the Price Adjustment calculation. ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. b) If prior to delivery of a Product, U.S. Department of Labor substantially revises the methodology used for the determination of the values to be used to determine the ECI-R and CPI values ***** (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) CFM will, prior to the delivery of any such AircraftProduct, to select a substitute for such values from other data published by the Bureau of Labor Statistics data or other similar data reported by non-governmental United States organizations. Such , such substitute will result to lead in application to the same adjustment, adjustment result insofar as possible, as would have been calculated utilizing achieved by continuing the use of the original values adjusted for fluctuation as they may have fluctuated during the applicable time period. Appropriate revisions of the formula will be made as required to reflect any substitute values. However, if within 24 months after ***** from delivery of the AircraftProduct, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Product Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Product Price Adjustment for the Engine from that determined at the time of delivery of the Aircraftsuch Product. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R and CPI values as defined above, such re-based values will be incorporated in the Engine Price Adjustment calculation. 2.3 c) In the event escalation provisions are made non-enforceable or otherwise rendered null and void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Price base price of any affected Aircraft Product to reflect an allowance for increases increase or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 decrease in labor compensation and material costs occurring since August ***** which is consistent with the applicable provisions of the year prior to the price base year shown in the Purchase Agreementthis Price Escalation formula. 2.4 If within 12 months of Aircraft deliveryd) For the calculation herein, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. The values released by the Bureau of Labor Statistics and available to Boeing 30 days CFM at the end of the month prior to the first day of the scheduled Product delivery month of an Aircraft will be used to determine the ECI-R and CPI values ***** for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Product Price Adjustment for the Aircraft Product invoice at the time of delivery. The values will be considered final and no Engine Product Price Adjustments Adjustment will be made after Aircraft Product delivery for any subsequent changes in published Index index values, subject always to paragraph 2.4 above.

Appears in 1 contract

Samples: General Terms Agreement (Virgin America Inc.)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R ECI and CPI ICI values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Airframe Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) will, prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 twenty-four (24) months after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Airframe Price Adjustment; such values will be used to determine any increase or decrease in the Engine Airframe Price Adjustment for the Engine Aircraft from that determined at the time of delivery of the Aircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R ECI and CPI ICI values as defined above, such re-based values will be incorporated in the Engine Airframe Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Aircraft Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 Exhibit AE1 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 twelve (12) months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Airframe Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Airframe Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. [*] Note: i. : (i) The values released by the Bureau of Labor Statistics and available to Boeing 30 thirty (30) days prior to the first * Confidential material omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. HAZ-PA-03658-AE1-2 XX-0 day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R ECI and CPI ICI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Airframe Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Airframe Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index index values, subject always to paragraph 2.4 above. (ii) The maximum number of digits to the right of the decimal after rounding utilized in any part of the Airframe Price Adjustment equation will be 4, where rounding of the fourth digit will be increased to the next highest digit when the 5th digit is equal to five (5) or greater. HAZ-PA-03658-AE1-2 XX-0 XXX-XX-00000-XXX0-X0 XXX0-X0 Page 1 This Supplemental Exhibit BFE1-R6 contains supplier selection dates, on-dock dates and other requirements applicable to the Aircraft.

Appears in 1 contract

Samples: Supplemental Agreement (Air Lease Corp)

Values to be Utilized in the Event of Unavailability. 2.1 If at the time of delivery of Product, CFMI is unable to determine the adjusted price because the applicable values to be used to determine the ECI and IC have not been released by the Bureau of Labor Statistics, then: ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. LETTER AGREEMENT NO. 1 a) The Price Adjustment, to be used at the time of delivery of the Product, will be determined by utilizing the escalation provisions set forth above. The values released by the Bureau of Labor Statistics and available 30 days prior to scheduled Product delivery month will be used to determine ***** for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Product Price Adjustment. If no value have been released for an applicable month, the provisions set forth in Paragraph b, below, will apply. If prior to delivery of a Product, the U.S. Department of Labor changes the base year for determination of ***** as defined above, such rebase values will be incorporated in the Price Adjustment calculation. b) If prior to delivery of a Product, U.S. Department of Labor substantially revises the methodology used for the determination of the values to be used to determine the ECI-R and CPI values ***** (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) CFM will, prior to the delivery of any such AircraftProduct, to select a substitute for such values from other data published by the Bureau of Labor Statistics data or other similar data reported by non-governmental United States organizations. Such , such substitute will result to lead in application to the same adjustment, adjustment result insofar as possible, as would have been calculated utilizing achieved by continuing the use of the original values adjusted for fluctuation as they may have fluctuated during the applicable time period. Appropriate revisions of the formula will be made as required to reflect any substitute values. However, if within 24 months after from delivery of the AircraftProduct, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Product Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Product Price Adjustment for the Engine from that determined at the time of delivery of the Aircraftsuch Product. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R and CPI values as defined above, such re-based values will be incorporated in the Engine Price Adjustment calculation. 2.3 c) In the event escalation provisions are made non-enforceable or otherwise rendered null and void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Price base price of any affected Aircraft Product to reflect an allowance for increases increase or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 decrease in labor compensation and material costs occurring since August of from the year period represented by the applicable CPI to the ***** prior to the price base year shown in the Purchase Agreementscheduled month of delivery of such Product. 2.4 If within 12 months of Aircraft deliveryd) For the calculation herein, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. The values released by the Bureau of Labor Statistics and available to Boeing 30 days CFM at the end of the month prior to the first day of the scheduled Product delivery month of an Aircraft will be used to determine the ECI-R and CPI values ***** for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Product Price Adjustment for the Aircraft Product invoice at the time of delivery. The values will be considered final and no Engine Product Price Adjustments Adjustment will be made after Aircraft Product delivery for any subsequent changes in published Index index values, subject always to paragraph 2.4 above.. ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. LETTER AGREEMENT NO. 1

Appears in 1 contract

Samples: General Terms Agreement (Virgin America Inc.)

Values to be Utilized in the Event of Unavailability. 2.1 If at the time of delivery of Product, CFMI is unable to determine the adjusted price because the applicable values to be used to determine the L and IC have not been released by the Bureau of Labor Statistics, then: a) The Price Adjustment, to be used at the time of delivery of the Product, will be determined by utilizing the escalation provisions set forth above. The values released by the Bureau of Labor Statistics and available 30 days prior to scheduled Product delivery month will be used to determine ***** for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Product Price Adjustment. If no value have been released for an applicable month, the provisions set forth in Paragraph b, below, will apply. If prior to delivery of a Product, the U.S. Department of Labor changes the base year for determination of ***** as defined above, such rebase values will be incorporated in the Price Adjustment calculation. b) If prior to delivery of a Product, U.S. Department of Labor substantially revises the methodology used for the determination of the values to be used to determine the ECI-R and CPI values ***** (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) CFM will, prior to the delivery of any such AircraftProduct, to ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. select a substitute for such values from other data published by the Bureau of Labor Statistics data or other similar data reported by non-governmental United States organizations. Such , such substitute will result to lead in application to the same adjustment, adjustment result insofar as possible, as would have been calculated utilizing achieved by continuing the use of the original values adjusted for fluctuation as they may have fluctuated during the applicable time period. Appropriate revisions of the formula will be made as required to reflect any substitute values. However, if within 24 months after ***** from delivery of the AircraftProduct, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Product Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Product Price Adjustment for the Engine from that determined at the time of delivery of the Aircraftsuch Product. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R and CPI values as defined above, such re-based values will be incorporated in the Engine Price Adjustment calculation. 2.3 c) In the event escalation provisions are made non-enforceable or otherwise rendered null and void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Price base price of any affected Aircraft Product to reflect an allowance for increases increase or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 decrease in labor compensation and material costs occurring since August ***** which is consistent with the applicable provisions of the year prior to the price base year shown in the Purchase Agreementthis Price Escalation formula. 2.4 If within 12 months of Aircraft deliveryd) For the calculation herein, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. The values released by the Bureau of Labor Statistics and available to Boeing 30 days CFM at the end of the month prior to the first day of the scheduled Product delivery month of an Aircraft will be used to determine the ECI-R and CPI values ***** for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Product Price Adjustment for the Aircraft Product invoice at the time of delivery. The values will be considered final and no Engine Product Price Adjustments Adjustment will be made after Aircraft Product delivery for any subsequent changes in published Index index values, subject always to paragraph 2.4 above.

Appears in 1 contract

Samples: General Terms Agreement (Virgin America Inc.)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R ECI and CPI values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Airframe Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) will, prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 twenty-four (24) months after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Airframe Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Airframe Price Adjustment for the Engine Aircraft from that determined at the time of delivery of the Aircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R ECI and CPI values as defined above, such re-based values will be incorporated in the Engine Airframe Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Aircraft Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 Exhibit AE1 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 twelve (12) months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Airframe Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Airframe Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. [*] Note: i. : (i) The values released by the Bureau of Labor Statistics and available to Boeing 30 thirty (30) days prior to the first * Confidential material omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. HAZ-PA-03659-AE1 AE1 Page 4 day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R ECI and CPI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Airframe Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Airframe Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index values, subject always to paragraph 2.4 above. (ii) The maximum number of digits to the right of the decimal after rounding utilized in any part of the Airframe Price Adjustment equation will be four (4), where rounding of the fourth digit will be increased to the next highest digit when the 5th digit is equal to five (5) or greater. XXX-XX-00000-XX0 XX0 Page 5 HAZ-PA-03659-BFE1 BFE1 Page 1 This Supplemental Exhibit BFE1 contains supplier selection dates, on-dock dates and other requirements applicable to the Aircraft.

Appears in 1 contract

Samples: Supplemental Agreement (Air Lease Corp)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R ECI and CPI ICI values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Airframe Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) will, prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 months *** after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Airframe Price Adjustment; such values will be used to determine any increase or decrease in the Engine Airframe Price Adjustment for the Engine Aircraft from that determined at the time of delivery of the Aircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R ECI and CPI ICI values as defined above, such re-based values will be incorporated in the Engine Airframe Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Aircraft Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 Exhibit AE1 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 months *** of Aircraft delivery, the published index values are revised due to an acknowledged acknowleded error by the Bureau of Labor Statistics, the Engine Airframe Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Airframe Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. : (i) The values released by the Bureau of Labor Statistics and available to Boeing 30 thirty (30) days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R ECI and CPI ICI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Airframe Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Airframe Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index index values, subject always to paragraph 2.4 above. (ii) The maximum number of digits to the right of the decimal after rounding utilized in any part of the Airframe Price Adjustment equation will be 4, where rounding of the fourth digit will be increased to the next highest digit when the 5th digit is equal to five (5) or greater.

Appears in 1 contract

Samples: Purchase Agreement (China Eastern Airlines Corp LTD)

Values to be Utilized in the Event of Unavailability. 2.1 If at the time of delivery of Product, CFM is unable to determine the adjusted price because the applicable values to be used to determine the ***** have not been released by the Bureau of Labor Statistics, then: a) The Price Adjustment, to be used at the time of delivery of the Product, will be determined by utilizing the escalation provisions set forth above. The values released by the Bureau of Labor Statistics and available ***** prior to scheduled Product delivery month will be used to determine the ***** values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Product Price Adjustment. If no value has been released for an applicable month, the provisions set forth in Paragraph b, below, will apply. If prior to delivery of a Product, the U.S. Department of Labor changes the base year for determination of the ***** values as defined above, such rebase values will be incorporated in the Price Adjustment calculation. b) If prior to delivery of a Product, U.S. Department of Labor substantially revises the methodology used for the determination of the values to be used to determine the ECI-R and CPI ***** values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) CFM will, prior to the delivery of any such AircraftProduct, to select a substitute for such values from other data published by the Bureau of Labor Statistics data or other U.S. government entity or, if none is available, other similar data reported by non-governmental United States organizations. Such , such substitute will result to lead in application to the same adjustmentadjustment result, insofar as possible, as would have been calculated utilizing achieved by continuing the use of the original values adjusted for fluctuation as they may have fluctuated during the applicable time period. Appropriate revisions of the formula will be made as required to reflect any substitute values. However, if within 24 months after ***** from delivery of the AircraftProduct, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Product Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Product Price Adjustment for the Engine from that determined at the time of delivery of the Aircraftsuch Product. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R and CPI values as defined above, such re-based values will be incorporated in the Engine Price Adjustment calculation. 2.3 c) In the event escalation provisions are made non-enforceable or otherwise rendered null and void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Price base price of any affected Aircraft Product to reflect an allowance for increases increase or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 decrease in labor compensation and material costs occurring since August February of the base price year prior to which is consistent with the price base year shown in the Purchase Agreementapplicable provisions of this Price Escalation formula. 2.4 If within 12 months of Aircraft deliveryd) For the calculation herein, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. The values released by the Bureau of Labor Statistics and available to Boeing 30 days CFM at the end of the month prior to the first day of the scheduled Product delivery month of an Aircraft will be used to determine the ECI-R and CPI ***** values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Product Price Adjustment for the Aircraft Product invoice at the time of delivery. The values will be considered final and no Engine Product Price Adjustments Adjustment will be made after Aircraft Product delivery for any subsequent changes in published Index index values, subject always to paragraph 2.4 above.

Appears in 1 contract

Samples: Letter Agreement (Frontier Group Holdings, Inc.)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R ECI and CPI values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 twenty-four (24) months after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Price Adjustment; such values will be used to determine any increase or decrease in the Engine Price Adjustment for the Engine from that determined at the time of delivery of the Aircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R ECI and CPI values as defined above, such re-based values will be incorporated in the Engine Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 Exhibit EE1b in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 twelve (12) months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. **** Note: i. : (i) The values released by the Bureau of Labor Statistics and available to Boeing 30 thirty (30) days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R ECI and CPI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index values, subject always to paragraph 2.4 above. (ii) The maximum number of digits to the right of the decimal after rounding utilized in any part of the Engine Price Adjustment equation will be four (4), where rounding of the fourth digit will be increased to the next highest digit when the 5th digit is equal to five (5) or greater.

Appears in 1 contract

Samples: Purchase Agreement (Avolon Holdings LTD)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R ECI and CPI values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Airframe Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) will, prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 months after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Airframe Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Airframe Price Adjustment for the Engine Aircraft from that determined at the time of delivery of the Aircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R ECI and CPI values as defined above, such re-based values will be incorporated in the Engine Airframe Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Aircraft Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 Exhibit AE1 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 twelve (12) months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Airframe Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Airframe Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. The values released by the Bureau of Labor Statistics and available to Boeing 30 days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R ECI and CPI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Airframe Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Airframe Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index values, subject always to paragraph Paragraph 2.4 above.

Appears in 1 contract

Samples: Supplemental Agreement (Lan Airlines SA)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R ECI and CPI values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Airframe Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) will, prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 twenty-four (24) months after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Airframe Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Airframe Price Adjustment for the Engine Aircraft from that determined at the time of delivery of the Aircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R ECI and CPI values as defined above, such re-based values will be incorporated in the Engine Airframe Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Aircraft Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 Exhibit AE1 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 twelve (12) months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Airframe Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Airframe Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. : (i) The values released by the Bureau of Labor Statistics and available to Boeing 30 thirty (30) days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R ECI and CPI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Airframe Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Airframe Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index values, subject always to paragraph 2.4 above. COP-PA-03774-EXHAE1 Page 4 (ii) The maximum number of digits to the right of the decimal after rounding utilized in any part of the Airframe Price Adjustment equation will be four (4), where rounding of the fourth digit will be increased to the next highest digit when the 5th digit is equal to five (5) or greater. COP-PA-03774-EXHAE1 Page 5 BOEING MODEL 737-8 MAX AIRCRAFT This Supplemental Exhibit BFE1 contains supplier selection dates, on-dock dates and other requirements applicable to the Aircraft.

Appears in 1 contract

Samples: Purchase Agreement (Copa Holdings, S.A.)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R ECI and CPI values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Airframe Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) will, prior to the delivery of any such XLR-PA-04258-AE1 AE1 Page 3 Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 twenty-four (24) months after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Airframe Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Airframe Price Adjustment for the Engine Aircraft from that determined at the time of delivery of the Aircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R ECI and CPI values as defined above, such re-based values will be incorporated in the Engine Airframe Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Aircraft Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 Exhibit AE1 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 twelve (12) months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Airframe Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Airframe Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Note: i. (i) The values released by the Bureau of Labor Statistics and available to Boeing 30 thirty (30) days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R ECI and CPI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Airframe Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Airframe Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index values, subject always to paragraph 2.4 above.

Appears in 1 contract

Samples: Purchase Agreement (Ryanair Holdings PLC)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R ECI and CPI values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Airframe Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) will, prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 twenty-four (24) months after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Airframe Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Airframe Price Adjustment for the Engine Aircraft from that determined at the time of delivery of the Aircraft.. VLS-PA-03814-AE1 AE1 Page 2 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R ECI and CPI values as defined above, such re-based values will be incorporated in the Engine Airframe Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Aircraft Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 Exhibit AE1 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 twelve (12) months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Airframe Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Airframe Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. **** Note: i. : (i) The values released by the Bureau of Labor Statistics and available to Boeing 30 thirty (30) days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R ECI and CPI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Airframe Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Airframe Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index values, subject always to paragraph 2.4 above. (ii) The maximum number of digits to the right of the decimal after rounding utilized in any part of the Airframe Price Adjustment equation will be four (4), where rounding of the fourth digit will be increased to the next highest digit when the 5th digit is equal to five (5) or greater. VLS-PA-03814-AE1 AE1 Page 3 VLS-PA-03814-BFE1 BFE1 Page 1 This Supplemental Exhibit BFE1 contains supplier selection dates, on-dock dates and other requirements applicable to the Aircraft.

Appears in 1 contract

Samples: Purchase Agreement (Avolon Holdings LTD)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R ECI and CPI ICI values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Airframe Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) will, prior to the delivery of any such Aircraftaircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 months after delivery of the Aircraftaircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Airframe Price Adjustment; , such values will be used to determine any increase or decrease in the Engine Airframe Price Adjustment for the Engine aircraft from that determined at the time of delivery of the Aircraftaircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R ECI and CPI ICI values as defined above, such re-based values will be incorporated in the Engine Airframe Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Purchase Price of any affected Aircraft aircraft to reflect an allowance for increases or decreases in labor compensation and material costs occurring since February, 1995, which is consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. Exhibit D. Note: i. The values released by the Bureau of Labor Statistics and available to Boeing 30 days prior to the first day of the scheduled delivery month of an Aircraft aircraft will be used to determine the ECI-R ECI and CPI ICI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Airframe Price Adjustment for the Aircraft aircraft invoice at the time of delivery. The values will be considered final and no Engine Aircraft Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index values, subject always to paragraph 2.4 above.

Appears in 1 contract

Samples: Aircraft General Terms Agreement (Copa Holdings, S.A.)

Values to be Utilized in the Event of Unavailability. 2.1 If the Bureau of Labor Statistics substantially revises the methodology used for the determination of the values to be used to determine the ECI-R ECI and CPI ICI values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Engine Airframe Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties may lawfully do so) will, prior to the delivery of any such Aircraft, to select a substitute from other Bureau of Labor Statistics data or similar data reported by non-governmental organizations. Such substitute will result in the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within 24 twenty-four (24) months after delivery of the Aircraft, the Bureau of Labor Statistics should resume releasing values for the months needed to determine the Engine Airframe Price Adjustment; such values will be used to determine any increase or decrease in the Engine Airframe Price Adjustment for the Engine Aircraft from that determined at the time of delivery of the Aircraft. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the Bureau of Labor Statistics changes the base year for determination of the ECI-R ECI and CPI ICI values as defined above, such re-based values will be incorporated in the Engine Airframe Price Adjustment calculation. 2.3 In the event escalation provisions are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to equitably adjust the Engine Aircraft Price of any affected Aircraft to reflect an allowance for increases or decreases consistent with the applicable provisions of paragraph 1 of this Supplemental Xxxxxxx XX0 Exhibit AE1 in labor compensation and material costs occurring since August of the year prior to the price base year shown in the Purchase Agreement. 2.4 If within 12 twelve (12) months of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Engine Airframe Price Adjustment will be re-calculated using the revised index values (this does not include those values noted as preliminary by the Bureau of Labor Statistics). A credit memorandum or supplemental invoice will be issued for the Engine Airframe Price Adjustment P.A. No. 3256 EE1 - 3 difference. Interest charges will not apply for the period of original invoice to issuance of credit memorandum or supplemental invoice. “[***]” This information is subject to confidential treatment and has been omitted and filed separately with the commission Note: i. : (i) The values released by the Bureau of Labor Statistics and available to Boeing 30 thirty (30) days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the ECI-R ECI and CPI ICI values for the applicable months (including those noted as preliminary by the Bureau of Labor Statistics) to calculate the Engine Airframe Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and no Engine Airframe Price Adjustments will be made after Aircraft delivery for any subsequent changes in published Index index values, subject always to paragraph 2.4 above. (ii) The maximum number of digits to the right of the decimal after rounding utilized in any part of the Airframe Price Adjustment equation will be 4, where rounding of the fourth digit will be increased to the next highest digit when the 5th digit is equal to five (5) or greater. “[***]” This information is subject to confidential treatment and has been omitted and filed separately with the commission “[***]” This information is subject to confidential treatment and has been omitted and filed separately with the commission

Appears in 1 contract

Samples: Purchase Agreement (China Southern Airlines Co LTD)

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