SUPPLEMENTAL AGREEMENT NO. 1
to
PURCHASE AGREEMENT NO. 2252
between
XXXXXXXXX XXXXXXX CORPORATION
and
HAWAIIAN AIRLINES, INC.
Relating to Boeing Model 717-22A Aircraft
----------------
THIS SUPPLEMENTAL AGREEMENT, entered into as of March 1, 2000, by
and between XXXXXXXXX XXXXXXX CORPORATION, a wholly-owned subsidiary of The
Boeing Company (Boeing), and HAWAIIAN AIRLINES, INC., a corporation doing
business in the State of Hawaii, with its principal office in Honolulu, Hawaii
(Customer);
W I T N E S S E T H:
WHEREAS, the parties hereto entered into an agreement dated as of
December 31, 1999, relating to Boeing Model 717-22A aircraft, which agreement,
as amended, and supplemented together with all exhibits and specifications
attached thereto and made a part thereof which is hereinafter called the
"Purchase Agreement," and;
WHEREAS, the parties desire to amend the Agreement to revise the
delivery stream to reschedule one of the October 2001 aircraft to September
2001.
NOW THEREFORE, in consideration of the mutual covenants herein
contained, the parties hereto agree to supplement the Purchase Agreement as
follows:
SA1-1
1. The Table of Contents of the Agreement is deleted in its entirety
and a new Table of Contents (attached) is substituted in lieu
thereof (to reflect the changes listed below).
2. Table 1., "AIRCRAFT DELIVERIES AND DESCRIPTIONS", is deleted in its
entirety and a new Table 1., "AIRCRAFT DELIVERIES AND
DESCRIPTIONS", (attached) is substituted in lieu thereof (to
reflect the revised delivery stream).
3. Letter Agreement 6-1166-EMM-0299, "Other Matters" is deleted in its
entirety and a revision, Letter Agreement 6-1166-EMM-0299R1, "Other
Matters" (attached) is substituted in lieu thereof (to add further
schedule definition to the second September 2001 aircraft
delivery).
The Purchase Agreement shall be deemed to be supplemented to the extent herein
provided and as so supplemented will continue in full force and effect.
EXECUTED IN DUPLICATE as of the day and year first above written.
XXXXXXXXX XXXXXXX CORPORATION
a wholly-owned subsidiary of
THE BOEING COMPANY HAWAIIAN AIRLINES, INC.
By: /S/ By: /S/
------------------------ -----------------------
Its: Attorney-In-Fact Its:
----------------------- ----------------------
By: /S/
-----------------------
Its:
----------------------
SA1-2
TABLE 1 TO
PURCHASE AGREEMENT NO. 2252
AIRCRAFT DELIVERY, DESCRIPTION, PRICE AND ADVANCE PAYMENTS
REDACTED IN ITS ENTIRETY
Page 1
TABLE OF CONTENTS
REVISED BY
SA
ARTICLES NUMBER
-------- ------
1. Quantity, Model and Description
2. Delivery Schedule
3. Price
4. Payment
5. Miscellaneous
TABLE
-----
1. Aircraft Information Table SA-1
EXHIBIT
-------
A. Aircraft Configuration
B. Aircraft Delivery Requirements and Responsibilities
SUPPLEMENTAL EXHIBITS
---------------------
BFE1. BFE Variables
CS1. Customer Support Variables
EE1. Engine Escalation/Engine Warranty and Patent Indemnity
SLP1. Service Life Policy Components
i
REVISED BY
SA NUMBER
LETTER AGREEMENTS
-----------------
STANDARD:
---------
2252-1 Customer Support Matters
2252-2 Spares Initial Provisioning
CONFIDENTIAL:
-------------
6-1166-EMM-0251 Aircraft Performance Guarantees
6-1166-EMM-0252 Promotional Support
6-1166-EMM-0253 Business Matters
6-1166-EMM-0254 Purchase Rights Aircraft
and Aircraft Model Substitution
6-1166-EMM-0255 Deferred Advance Payments
6-1166-EMM-0272 Liquidated Damages for
Non-Excusable Delay
canceled and superseded by:
6-1166-EMM-0299R1 Other Matters SA-1
6-1166-EMM-0300 Financing Matters
6-1166-EMM-0301 Spares Commitments
ii
