Contract
Exhibit 10.11.3
Note: Certain portions have been omitted from this Amendment Number Three to the General Terms Agreement in accordance with a request for confidential treatment submitted to the Securities and Exchange Commission. Omitted information has been replaced with an asterisk. Omitted information has been filed separately with the Securities and Exchange Commission.
Aerovias del Continente Americano S.A., Avianca
Centro Administrativo,
Xxxxxxx Xxxxx 00 Xx 00-00,
Xxxxxx, Xxxxxxxx
Date: 1 September 2009
Dear Sirs,
AMENDMENT NUMBER THREE TO GENERAL TERMS AGREEMENT REFERENCE DEG 5104, DATED 15th JUNE 2007, AS AMENDED BY SIDE LETTER NUMBER ONE THERETO DATED JUNE 15, 2007 (“SLA1”), AND AMENDMENT NUMBER ONE THERETO DATED 28TH FEBRUARY 2008, AND AMENDMENT NUMBER TWO THERETO DATED 28TH FEBRUARY 2009 (COLLECTIVELY THE “AGREEMENT”)
INTRODUCTION
Aerovias Del Continente Americano S.A., Avianca (“Avianca”) has agreed to purchase certain Airbus A330 aircraft from Airbus, which will be powered by new Trent 700 Engines (the “Aircraft”);
[*]
NOW THEREFORE IT IS AGREED AS FOLLOWS:
| 1. | ESCALATION FORMULA |
[*]
| 2. | GENERAL |
All rights, obligations and liabilities under this AM3 shall be subject to and in accordance with the provisions of the Agreement and except as specifically amended herein, the provisions of the Agreement shall remain in full force and effect as if set out in full herein and further, this AM3 is made without prejudice to either of the Parties’ existing rights (unless expressly stated in this AM3) set forth or arising under the Agreement. In the event of any conflict between the terms of this AM3 and the Agreement, the terms of this AM3 shall prevail.
| 3. | CONFIDENTIALITY AND LAW |
New York Law shall govern this AM3. The provisions of this AM3 are confidential and shall not (except as provided in Clause 10 of the Agreement) be disclosed to any third party without the prior written consent of the other party.
| 4. | FACSIMILE TRANSMISSION |
Transmission by facsimile of a signed counterpart signature page shall be deemed and constitute due and valid delivery of an executed counterpart of this AM3.
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Rolls-Royce plc Registered office:65 Xxxxxxxxxx Xxxx, Xxxxxx XX0X 0XX.
Company number: 1003142. Registered in England
As WITNESS WHEROF the Parties have caused this AM3 to be signed on their behalf by the hands of their duly authorised officers the day and year first before written.
| Signed for and on behalf of: | Signed for and on behalf of: | |||||||
| AEROVIAS DEL CONTINENTE AMERICANO S.A., AVIANCA |
ROLLS-ROYCE plc | |||||||
| By | By: | |||||||
| Printed |
Printed | |||||||
| Title: |
Title: | |||||||
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Rolls-Royce plc Registered office:65 Xxxxxxxxxx Xxxx, Xxxxxx XX0X 0XX.
Company number: 1003142. Registered in England
| * | [Three pages have been omitted in accordance with a request for confidential treatment.] |
Page 3 of 3
Rolls-Royce plc Registered office:65 Xxxxxxxxxx Xxxx, Xxxxxx XX0X 0XX.
Company number: 1003142. Registered in England
