* CONFIDENTIAL PORTIONS HAVE BEEN OMITTED AND FILED SEPARATELY
WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A
CONFIDENTIAL TREATMENT REQUEST.
January 8, 1997
Our Ref: B96-7701-RJTL-RJ0350-010
Atlantic Coast Airlines
0 Xxxxxx Xxxxx,
Xxxxxxxx, Xxxxxxxx,
X.X.X. 20164
Gentlemen,
Letter Agreement No. 010 to Purchase Agreement No. RJ-0350 dated January 8,
1997 (the "Agreement" between Bombardier Inc. ("XXXX") and Atlantic Coast
Airlines ("Buyer") relating to the purchase of twelve (12) Canadair Regional
Jet Aircraft (the "Aircraft")
Subject: Additional Customer Support
1.0 This letter constitutes an integral part of the Agreement and evidences
our further agreement with the matters set forth below. All terms used
herein and in the Agreement and not defined herein, shall have the same
meaning as in the Agreement.
2.0 Training
2.1 General Terms
2.1.1 The objective of the training programs (the "Programs"), as
described herein, shall be to familiarize and assist Buyer's
personnel in the introduction, operation, and maintenance of the
aircraft.
XXXX shall offer to the Buyer the Programs in the English language
at a XXXX designated facility.
*
2.1.2 *
2.1.3 The Programs shall be designed to reflect the model and/or the
configuration of the Aircraft and may include differences training
to identify such configuration or model. Manuals and training
materials which are provided during the Programs exclude revision
service.
2.1.4 A Training Conference shall be held where possible no later than
six (6) months prior to the Scheduled Delivery of the first
aircraft to the Buyer, or as may be otherwise agreed, to establish
the Programs' content and schedule.
2.2 *
2.3 *
4.2 *
5.0 Manuals on CD-ROM
5.1 XXXX and Xxxxx are aware that XXXX is currently in the
process of investigating and bringing on-line CD-ROM
versions of various manuals. XXXX xxxxxx commits that in
the event that it is able to successfully and cost-
effectively complete this program, it will provide Buyer
with CD-ROM versions of Xxxxx's technical publications *
6.0 *
7.0 The provisions of this Letter Agreement are personal to
Buyer and shall not be assigned or otherwise disposed of by
Xxxxx except as part of an assignment of the Agreement
expressly permitted by Article 20 of the Agreement (with the
exception of Article 4.0 hereof, which can only be assigned
to a wholly owned subsidiary).
8.0 This Letter Agreement constitutes an integral part of the
Agreement and subject to the terms and conditions contained
therein.
9.0 In the event of the Termination of the Agreement, this
Letter Agreement shall become automatically null and void.
Should there be any inconsistency between this Letter Agreement
and the Agreement with respect to the subject matter covered
by the terms hereof, then this Letter Agreement shall
prevail.
Yours very truly,
BOMBARDIER INC.
________________________ Date:_____________
Xxxxxx Xxxxxxxxx
Vice President, Contracts
Acknowledged and Accepted
Atlantic Coast Airlines
________________________ Date:_____________
Xxxxx X. Xxxxxxx
Xx. Vice President and C.F.O.
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