AMENDMENT N° 3 TO LETTER OF AGREEMENT DCT-026/2003
This Amendment No. 3 to Letter of Agreement DCT-026/2003, dated as of December 4, 2006 (‘‘Amendment 3’’) relates to Letter Agreement DCT-026/2003 between Embraer - Empresa Brasileira de Aeronáutica S.A. (‘‘Embraer’’) and JetBlue Airways Corporation (‘‘Buyer’’) dated June 9, 2003 as amended from time to time (collectively referred to herein as ‘‘Letter Agreement’’). This Amendment 3 is between Embraer and Buyer, collectively referred to herein as the ‘‘Parties’’.
This Amendment 3 sets forth the further agreement between Embraer and Buyer relative to [***] among other things. All capitalized terms used in this Amendment 3 and not defined herein, shall have the meaning given in the Purchase Agreement, and in case of any conflict between this Amendment 3, the Letter Agreement, the terms of this Amendment 3 shall control.
Now, therefore, for good and valuable consideration, which is hereby acknowledged, Embraer and Buyer hereby agree as follows:
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A new article 11 shall be inserted in the Letter Agreement:
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| 11. | [***] |
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| 2. | [***] |
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| [***] | Represents material which has been redacted and filed separately with the Commission pursuant to a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. |
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AMENDMENT NO. 3 TO LETTER OF AGREEMENT DCT-026/2003
All other terms and conditions of the Letter Agreement, which are not specifically amended by this Amendment 3, shall remain in full force and effect without any change.
[Signature page follows]
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AMENDMENT NO. 3 TO LETTER OF AGREEMENT DCT-026/2003
IN WITNESS WHEREOF, Embraer and Buyer, by their duly authorized officers, have entered into and executed this Amendment 3 to the Letter Agreement to be effective as of the date first written above.
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| Embraer - Empresa Brasileira | |
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JetBlue Airways Corporation | ||||||
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/s/ Xxxxxxxxx Xxxxxx Curado | |
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By: | |
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/s/ Xxxxxx X. Xxxxxxxx |
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Xxxxxxxxx Xxxxxx Curado | |
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Name: | |
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Xxxxxx X. Xxxxxxxx |
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Executive Vice President | |
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Title: | |
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Senior Vice President |
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Airline Market | |
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| By: | |
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/s/ Xxxx Xxxx X. Xxxxxx | |
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| Name: | |
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Xxxx Xxxx X. Xxxxxx | |
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| Title: | |
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Director of Contracts | |
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Airline Market | |
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| Date: | |
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December 6, 2006 | |
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Date: | |
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December 5, 2006 |
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Sao Xxxx Dos Xxxxxx, XX | |
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Place: | |
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New York, New York |
| Witness: | |
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/s/ Xxxxx Xxxxx Natali | |
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Witness: | |
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/s/ Xxxxx X. Xxxxxxx |
| Name: | |
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Xxxxx Xxxxx Natali | |
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Name: | |
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Xxxxx X. Xxxxxxx |
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