Common use of Electronic Advance Passenger Information System Clause in Contracts

Electronic Advance Passenger Information System. Should the ferry flight of an Aircraft leave the United States, the Department of Homeland Security office may require Customer to comply with the Electronic Advance Passenger Information System (eAPIS). Customer shall be responsible for establishing any necessary account with US Customs and Border Protection related to eAPIS compliance. To the extent Customer is required to comply with eAPIS, a copy of the necessary eAPIS forms shall be provided by Customer to Boeing prior to delivery. FED-PA-03712-EXB December 12, 2011 FED-PA-03712-AE1 December 12, 2011 1. Formula. Airframe and Optional Features price adjustments (Airframe Price Adjustment) are used to allow prices to be stated in current year dollars at the signing of this Purchase Agreement and to adjust the amount to be paid by Customer at delivery for the effects of economic fluctuation. The Airframe Price Adjustment will be determined at the time of Aircraft delivery in accordance with the following formula: Pa = (P) (L + M) - P Where: Pa = Airframe Price Adjustment. (For Models 737-600, 737-700, 737-800, 737-900, 737-900ER 747-8, 777-200LR, 777-F, and 777-300ER the Airframe Price includes the Engine Price at its basic thrust level.) P = Airframe Price plus the price of the Optional Features (as set forth in Table 1 of this Purchase Agreement). L = .65 x (ECI ECIb) Where: ECIb is the base year airframe escalation index (as set forth in Table 1 of this Purchase Agreement); ECI is a value determined using the U.S. Department of Labor, Bureau of Labor Statistics, Employment Cost Index for NAICS Manufacturing – Total Compensation (BLS Series ID CIU2013000000000I), calculated by establishing a three (3) month arithmetic average value (expressed as a decimal and rounded to the nearest tenth) using the values for the 11th, 12th, and 13th months prior to the month of scheduled delivery of the applicable Aircraft. As the Employment Cost Index values are only released on a quarterly basis, the value released for the first quarter will be used for the months of January, February, and March; the value released for the second quarter will be used for the months of April, May, and June; the value released for the third quarter will be used for the months of July, August, and September; the value released for the fourth quarter will be used for the months of October, November, and December. FED-PA-03712-AE1 December 12, 2011 M = .35 x (CPI CPIb) Where: CPIb is the base year airframe escalation index (as set forth in Table 1 of this Purchase Agreement); and CPI is a value determined using the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index – All Urban Consumers (BLS Series ID CUUR0000SA0), calculated as a three (3) month arithmetic average of the released monthly values (expressed as a decimal and rounded to the nearest tenth) using the values for the 11th, 12th, and 13th months prior to the month of scheduled delivery of the applicable Aircraft. As an example, for an Aircraft scheduled to be delivered in the month of July, the months of June, July, and August of the preceding year will be utilized in determining the value of ECI and CPI. Note: (i) In determining the values of L and M, all calculations and resulting values will be expressed as a decimal rounded to the nearest ten-thousandth. (ii) 65 is the numeric ratio attributed to labor in the Airframe Price Adjustment formula. (iii) 35 is the numeric ratio attributed to materials in the Airframe Price Adjustment formula. (iv) The denominators (base year indices) are the actual average values reported by the U.S. Department of Labor, Bureau of Labor Statistics. The actual average values are calculated as a three (3) month arithmetic average of the released monthly values (expressed as a decimal and rounded to the nearest tenth) using the values for the 11th, 12th, and 13th months prior to the airframe base year. The applicable base year and corresponding denominator is provided by Boeing in Table 1 of this Purchase Agreement. (v) The final value of Pa will be rounded to the nearest dollar. (vi) The Airframe Price Adjustment will not be made if it will result in a decrease in the Aircraft Basic Price.

Electronic Advance Passenger Information System. Should the ferry flight of an Aircraft leave the United States, the Department of Homeland Security office may require requires Customer to comply with the Electronic Advance Passenger Information System (eAPIS). Customer shall be responsible for establishing any necessary needs to establish their own account with US Customs and Border Protection related in order to eAPIS compliancefile for departure. To the extent Customer is required to comply with eAPIS, a A copy of the necessary eAPIS forms shall is to be provided by Customer to Boeing prior to deliveryupon arrival of Customer’s acceptance team at the Boeing delivery center. FEDXLR-PA-03712PA-04258-EXB December 12, 2011 FEDEXB Page 5 XLR-PA-03712PA-04258-AE1 December 12, 2011 AE1 Page 1 1. Formula. Airframe and Optional Features price adjustments (Airframe Price Adjustment) are used to allow prices to be stated in current year dollars at the signing of this Purchase Agreement and to adjust the amount to be paid by Customer at delivery for the effects of economic fluctuation. The Airframe Price Adjustment will be determined at the time of Aircraft delivery in accordance with the following formula: Pa = (P) (L + M) - P Where: Pa = Pa= Airframe Price Adjustment. (For Models 737-600, 737-700, 737-800, 737-900, 737-900ER 747-8, 777-200LR, 777-F, and 777-300ER Model 737 MAX X the Airframe Price includes the Engine Price at its basic thrust level.) P = Airframe Price plus the price of the Optional Features (as set forth in Table 1 of this Purchase Agreement). L = .65 x (ECI ECIb) Where: ECIb EClb is the base year airframe escalation index (as set forth in Table 1 of this Purchase Agreement); ECI is a value determined using the U.S. Department of Labor, Bureau of Labor Statistics, Employment Cost Index for NAICS Manufacturing – - Total Compensation (BLS Series ID CIU2013000000000I), . calculated by establishing a three (3) month arithmetic average value (expressed as a decimal and rounded to the nearest tenth) using the values for the 11th, 12th, and 13th months prior to the month of scheduled delivery of the applicable Aircraft. As the Employment Cost Index values are only released on a quarterly basis, the value released for the first quarter will be used for the months of January, February, and March; the value released for the second quarter will be used for the months of April, May, and June; the value released for the third quarter will be used for the months of July, August, and September; the value released for the fourth quarter will be used for the months of October, November, and December. FEDXLR-PA-03712PA-04258-AE1 December 12, 2011 M = .35 x (CPI CPIb) AE1 Page 2 Where: CPIb is the base year airframe escalation index (as set forth in Table 1 of this Purchase Agreement); and CPI is a value determined using the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index – All Urban Consumers (BLS Series ID CUUR0000SA0), calculated as a three (3) month arithmetic average of the released monthly values (expressed as a decimal and rounded to the nearest tenth) using the values for the 11th, 12th, and 13th months prior to the month of scheduled delivery of the applicable Aircraft. As an example, for an Aircraft scheduled to be delivered in the month of July, the months of June, July, and August of the preceding year will be utilized in determining the value of ECI and CPI. Note: (i) In determining the values of L and M, all calculations and resulting values will be expressed as a decimal rounded to the nearest ten-thousandth. (ii) 65 is the numeric ratio attributed to labor in the Airframe Price Adjustment formula. (iii) 35 is the numeric ratio attributed to materials in the Airframe Price Adjustment formula. (iv) The denominators (base year indices) are the actual average values reported by the U.S. Department of Labor, Bureau of Labor Statistics. The actual average values are calculated as a three (3) month arithmetic average of the released monthly values (expressed as a decimal and rounded to the nearest tenth) using the values for the 11th, 12th, and 13th months prior to the airframe base year. The applicable base year and corresponding denominator is provided by Boeing in Table 1 of this Purchase Agreement. (v) The final value of Pa will be rounded to the nearest dollar. (vi) The Airframe Price Adjustment will not be made if it will result in a decrease in the Aircraft Basic Price.

Electronic Advance Passenger Information System. Should the ferry flight of an Aircraft leave the United States, the Department of Homeland Security office may require requires Customer to comply with the Electronic Advance Passenger Information System (eAPIS). Customer shall be responsible for establishing any necessary needs to establish their own account with US Customs and Border Protection related in order to eAPIS compliancefile for departure. To the extent Customer is required to comply with eAPIS, a A copy of the necessary eAPIS forms shall is to be provided by Customer to Boeing prior to deliveryupon arrival of Customer’s acceptance team at the Boeing delivery center. FEDBOEING PROPRIETARY XIA-PA-03712-EXB December 12, 2011 FED-PA-03712PA-03757-AE1 December 12, 2011 AE1 Page 1 BOEING PROPRIETARY 1. Formula. Airframe and Optional Features price adjustments (Airframe Price Adjustment) are used to allow prices to be stated in current year dollars at the signing of this Purchase Agreement and to adjust the amount to be paid by Customer at delivery for the effects of economic fluctuation. The Airframe Price Adjustment will be determined at the time of Aircraft delivery in accordance with the following formula: Pa = (P) (L P+B)(L + M) - P Where: Pa = Airframe Price Adjustment. (For Models 737-600, 737-700, 737-800, 737-900, 737-900ER 737- 900ER, 747-8, 777-200LR, 777-F, and 777-300ER the Airframe Price includes the Engine Price at its basic thrust level.) P = Airframe Price plus the price of the Optional Features (as set forth in Table 1 of this Purchase Agreement). L = .65 x (ECI ECIbECIb ) Where: ECIb is the base year airframe escalation index (as set forth in Table 1 of this Purchase Agreement); ECI is a value determined using the U.S. Department of Labor, Bureau of Labor Statistics, Employment Cost Index for NAICS Aircraft Manufacturing – Total Compensation - Wages and Salaries (BLS Series ID CIU2013000000000ICIU2023211000000I), calculated by establishing a three (3) three-month arithmetic average value (expressed as a decimal and rounded to the nearest tenth) using the values for the 11th, 12th, 12th and 13th months prior to the month of scheduled delivery of the applicable Aircraft. As the Employment Cost Index values are only released on a quarterly basis, the value released for the first quarter will be used for the months of January, February, and March; the value released for the second quarter will be used for the months of April, May, and June; the value released for the third quarter will be used for the months of July, August, and September; the value released for the fourth quarter will be used for the months of October, November, and December. FED-PA-03712-AE1 December 12, 2011 M = .35 x (CPI CPIbICI ICIb ) Where: CPIb ICIb is the base year airframe escalation index (as set forth in Table 1 of this Purchase Agreement); and CPI XIA-PA-03757-AE1 AE1 Page 2 BOEING PROPRIETARY ICI is a value determined using the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Producer Price Index – All Urban Consumers - Industrial Commodities Index (BLS Series ID CUUR0000SA0WPU03THRU15), calculated as a three (3) month arithmetic average of the released monthly values (expressed as a decimal and rounded to the nearest tenth) using the values for the 11th, 12th, and 13th months prior to the month of scheduled delivery of the applicable Aircraft. B = 0.005 x (N/12) x (P) Where: N is the number of calendar months which have elapsed from the Airframe Price base year and month up to and including the month of delivery, both as shown in Table 1 of the Purchase Agreement. The entire calculation of 0.005 X (N/12) will be rounded to 4 places, and the final value of B will be rounded to the nearest dollar. As an example, for an Aircraft scheduled to be delivered in the month of July, the months of June, July, and August of the preceding year will be utilized in determining the value of ECI and CPIICI. Note: (i) In determining the values of L and M, all calculations and resulting values will be expressed as a decimal rounded to the nearest ten-thousandth. (ii) 65 is the numeric ratio attributed to labor in the Airframe Price Adjustment formula. (iii) 35 is the numeric ratio attributed to materials in the Airframe Price Adjustment formula. (iv) The denominators (base year indices) are the actual average values reported by the U.S. Department of Labor, Bureau of Labor Statistics. The actual average values are calculated as a three (3) month arithmetic average of the released monthly values (expressed as a decimal and rounded to the nearest tenth) using the values for the 11th, 12th, 12th and 13th months prior to the airframe base year. The applicable base year and corresponding denominator is provided by Boeing in Table 1 of this Purchase Agreement. (v) The final value of Pa will be rounded to the nearest dollar. (vi) The Airframe Price Adjustment will not be made if it will result in a decrease in the Aircraft Basic Price.

Electronic Advance Passenger Information System. Should the ferry flight of an Aircraft leave the United States, the Department of Homeland Security office may require requires Customer to comply with the Electronic Advance Passenger Information System (eAPIS). Customer shall be responsible for establishing any necessary needs to establish their own account with US Customs and Border Protection related in order to eAPIS compliancefile for departure. To the extent Customer is required to comply with eAPIS, a A copy of the necessary eAPIS forms shall is to be provided by Customer to Boeing prior to deliveryupon arrival of Customer’s acceptance team at the Boeing delivery center. FEDCEA-PA-03712PA-4076-Exhibit B EXB December 12, 2011 FED-PA-03712-AE1 December 12, 2011 Page 4 1. Formula. Airframe and Optional Features price adjustments (Airframe Price Adjustment) are used to allow prices to be stated in current year dollars at the signing of this Purchase Agreement and to adjust the amount to be paid by Customer at delivery for the effects of economic fluctuation. The Airframe Price Adjustment will be determined at the time of Aircraft delivery in accordance with the following formula: Pa = (P) (L + M) - P Where: Pa = Airframe Price Adjustment. (For Models 737-7, 737-8, 737-9, 737-600, 737-700, 737-800, 737-900, 737-900ER 900ER, 747-8, 777-200LR, 777-F, and 777-300ER the Airframe Price includes the Engine Price at its basic thrust level.) P = Airframe Price plus the price of the Optional Features (as set forth in Table 1 of this Purchase Agreement). L = .65 x (ECI ECIb) Where: ECIb EClb is the base year airframe escalation index (as set forth in Table 1 of this Purchase Agreement); ): ECI is a value determined using the U.S. Department of Labor, Bureau of Labor Statistics, Employment Cost Index for NAICS Aircraft Manufacturing – Total Compensation - Wages and Salaries (BLS Series ID CIU2013000000000ICIU20232110000001), calculated by establishing a three (3) three-month arithmetic average value (expressed as a decimal and rounded to the nearest tenth) using the values for the 11th, 12th, 12th and 13th months prior to the month of scheduled delivery of the applicable Aircraft. As the Employment Cost Index values are only released on a quarterly basis, the value released for the first quarter will be used for the months of January, February, and March; the value released for the second quarter will be used for the months of April, May, and June; the value released for the third quarter will be used for the months of July, August, and September; the value released for the fourth quarter will be used for the months of October, November, and December. FEDCEA-PA-03712PA-4076-AE1 December 12, 2011 M = .35 x (CPI CPIb) Where: CPIb is the base year airframe escalation index (as set forth in Table 1 of this Purchase Agreement); and CPI is a value determined using the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index – All Urban Consumers (BLS Series ID CUUR0000SA0), calculated as a three (3) month arithmetic average of the released monthly values (expressed as a decimal and rounded to the nearest tenth) using the values for the 11th, 12th, and 13th months prior to the month of scheduled delivery of the applicable Aircraft. As an example, for an Aircraft scheduled to be delivered in the month of July, the months of June, July, and August of the preceding year will be utilized in determining the value of ECI and CPI. Note: (i) In determining the values of L and M, all calculations and resulting values will be expressed as a decimal rounded to the nearest ten-thousandth. (ii) 65 is the numeric ratio attributed to labor in the Airframe Price Adjustment formula. (iii) 35 is the numeric ratio attributed to materials in the Airframe Price Adjustment formula. (iv) The denominators (base year indices) are the actual average values reported by the U.S. Department of Labor, Bureau of Labor Statistics. The actual average values are calculated as a three (3) month arithmetic average of the released monthly values (expressed as a decimal and rounded to the nearest tenth) using the values for the 11th, 12th, and 13th months prior to the airframe base year. The applicable base year and corresponding denominator is provided by Boeing in Table 1 of this Purchase Agreement. (v) The final value of Pa will be rounded to the nearest dollar. (vi) The Airframe Price Adjustment will not be made if it will result in a decrease in the Aircraft Basic Price.AE1 Page 1