Electronic Advance Passenger Information System. Should the ferry flight of an Aircraft leave the United States, the Department of Homeland Security office requires Customer to comply with the Electronic Advance Passenger Information System (eAPIS). Customer needs to establish their own account with US Customs and Border Protection in order to file for departure. A copy of the eAPIS forms is to be provided by Customer to Boeing upon arrival of Customer’s acceptance team at the Boeing delivery center. “[***]” This information is subject to confidential treatment and has been omitted and filed separately with the commission “[***]” This information is subject to confidential treatment and has been omitted and filed separately with the commission 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: [************************] Where: Pa = Airframe Price Adjustment. P = Airframe Price plus the price of the Optional Features (as set forth in Table 1 of this Purchase Agreement). [**********] [***] [***] Where: [*******] is the base year airframe escalation index (as set forth in Table 1 of this Purchase Agreement); [******] is a value determined using the U.S. Department of Labor, Bureau of Labor Statistics, Employment Cost Index for [************************************] [*******************************], calculated by establishing a three-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. “[***]” This information is subject to confidential treatment and has been omitted and filed separately with the commission [**********] [***] [***] Where: [***] is the base year index (as set forth in Table 1 of this Purchase Agreement); and [***] is a value determined using the U.S. Department of Labor, Bureau of Labor [************************]**************], 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. [************************] 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 [************************] 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 [*********]. 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) [***] is the numeric ratio attributed to labor in the Airframe Price Adjustment formula. (iii) [***] is the numeric ratio attributed to materials in the Airframe Price Adjustment formula. “[***]” This information is subject to confidential treatment and has been omitted and filed separately with the commission (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.
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Sources: Purchase Agreement (China Southern Airlines Co LTD)
Electronic Advance Passenger Information System. Should the ferry flight of an Aircraft leave the United States, the Department of Homeland Security office requires Customer to comply with the Electronic Advance Passenger Information System (eAPIS). Customer needs to establish their own account with US Customs and Border Protection in order to file for departure. A copy of the eAPIS forms is to be provided by Customer to Boeing upon arrival of Customer’s acceptance team at the Boeing delivery center. “[***]” This information is subject to confidential treatment and has been omitted and filed separately with the commission “[***]” This information is subject to confidential treatment and has been omitted and filed separately with the commission
UAL-PA-04815-EXB Page 5 UAL-PA-04815-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: [*** Where: *** *** plus the ******************] Where: Pa = Airframe Price Adjustment. P = Airframe Price plus the price of the Optional Features * (as set forth in Table 1 of this Purchase Agreement). [Where *** is the ********] [***] [***] Where: [*******] is the base year airframe escalation index * (as set forth in Table 1 of this Purchase Agreement); [) *** is the *** value of ***, using *** *** is the *** value of ***] , using ***; and *** is a value *** determined using the U.S. Department of Labor, Bureau of Labor Statistics, Employment Cost Index for [************************************] [*******************************], calculated by establishing a three-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. “[***]” This information is subject to confidential treatment and has been omitted and filed separately with the commission [. Where: *** is the ********] [***] [***] Where: [***] is the base year index * (as set forth in Table 1 of this Purchase Agreement); and [) *** is a *** determined using the ***] is a value determined using the U.S. Department of Labor, Bureau of Labor [************************]**************], 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. [************************] 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 [************************] 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 [*** and *********]. Note:: UAL-PA-04815-AE1 Page 2
(ia) 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.
(iib) [***] is the numeric ratio attributed to labor *** in the Airframe Price Adjustment *** formula.
(iiic) [***] is the numeric ratio attributed to materials *** in the Airframe Price Adjustment formula. “[***]” This information is subject to confidential treatment and has been omitted and filed separately with the commission* formula.
(ivd) 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.
(ve) The final value of Pa *** will be rounded to the nearest dollar.
(vif) The Airframe Price Adjustment *** will not be made if it will *** in the ***.
2. Values to be Used if *** Are Not Available.
1.a If the *** revises the methodology used for the determination of the values to be used to determine the *** and *** values (in contrast to benchmark adjustments or other corrections of previously released values), or for any reason has not released values needed to determine the applicable ***, the parties will, prior to the delivery of any such Aircraft, select a substitute from other *** or ***. Such substitute will result in a decrease the same adjustment, insofar as possible, as would have been calculated utilizing the original values adjusted for fluctuation during the applicable time period. However, if within *** after delivery of the Aircraft, the *** should resume releasing values for the months needed to *** the ***, *** will be used *** or *** in the *** for the *** from that *** at the *** of *** of the ***.
1.b Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft Basic Pricethe *** changes the base year for determination of the *** and *** values as defined above, such *** will be *** in the ***.
1.c In the event *** are made non-enforceable or otherwise rendered void by any agency of the United States Government, the parties agree, to the extent they may lawfully do so, to *** the *** of any *** to *** an *** for *** or *** with the *** of *** of this *** in *** and *** since *** to the *** shown in ***.
1.d If within *** of Aircraft delivery, the published index values are revised due to an acknowledged error by the *** will be *** (this does not include those values noted as preliminary by the ***). A *** or *** will be issued for *** for the period of original invoice to issuance of *** or ***. Notes:
(a) The values released by the *** and available to Boeing *** to the first day of the scheduled delivery month of an Aircraft will be used to determine the *** and *** for the applicable months (including those noted as preliminary by the ***) to calculate the *** for the Aircraft invoice at the time of delivery. The values will be considered final and *** will be *** for any *** in ***.
(b) The maximum number of digits to the right of the decimal after rounding utilized in any part of the *** equation will be four (4), where rounding of the fourth digit will be increased to the next highest digit when the 5th digit is equal to five (5) or greater. UAL-PA-04815-AE1 Page 3 UAL-PA-04815-BFE1 Page 1 This Supplemental Exhibit BFE1 contains supplier selection dates, on-dock dates and other requirements applicable to the Aircraft.
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Electronic Advance Passenger Information System. Should the ferry flight of an Aircraft leave the United States, the Department of Homeland Security office requires Customer to comply with the Electronic Advance Passenger Information System (eAPIS). Customer needs to establish their own account with US Customs and Border Protection in order to file for departure. A copy of the eAPIS forms is to be provided by Customer to Boeing upon arrival of Customer’s acceptance team at the Boeing delivery center. “[***]” This information is subject to confidential treatment and has been omitted and filed separately with the commission “[***]” This information is subject to confidential treatment and has been omitted and filed separately with the commissionUCH-PA-03776-EXB Page 5 UCH-PA-03776-AE1 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 ***of*** in accordance with the following formula: [*** Where: ***= *** (For Models 737-600, 737-700, 737-800, 737-900, 737-900ER, 737-7, 737-8, 737-9, 747-8, 777-200LR, 777-F, and 777-300ER the *** includes the *** at its basic thrust level.) ***= *** plus the *** the**************] Where: Pa = Airframe Price Adjustment. P = Airframe Price plus the price of the Optional Features * (as set forth in Table 1 *** of this Purchase Agreement). [*** *** Where: *** is the ****] [***] [***] Where: [*******] is the base year airframe escalation index * (as set forth in Table 1 *** of this Purchase Agreement); [***is a ***] is a value determined using the U.S. Department of Labor, Bureau of Labor Statistics, Employment Cost Index for [************************************] [*******************************], calculated by establishing a three-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. “[***]” This information is subject to confidential treatment and has been omitted and filed separately with the commission [. *** *** Where: *** is the ****] [***] [***] Where: [***] is the base year index * (as set forth in Table 1 *** of this Purchase Agreement); and [*** is a *** determined using the ***] is a value determined using the U.S. Department of Labor, Bureau of Labor [************************]**************], 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. [************************] 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 [************************] will be rounded to 4 places, and the final value of B will be rounded to the nearest dollar. UCH-PA-03776-AE1 AE1 Page 2 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 [*** and *********]. 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) [***] is the numeric ratio attributed to labor *** in the Airframe Price Adjustment formula.
(iii) [***] is the numeric ratio attributed to materials *** in the Airframe Price Adjustment formula. “[***]” This information is subject to confidential treatment and has been omitted and filed separately with the commission.
(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***.
Appears in 1 contract
Electronic Advance Passenger Information System. Should the ferry flight of an Aircraft leave the United States, the Department of Homeland Security office requires Customer to comply with the Electronic Advance Passenger Information System (eAPIS). Customer needs to establish their own account with US Customs and Border Protection in order to file for departure. A copy of the eAPIS forms is to be provided by Customer to Boeing upon arrival of Customer’s acceptance team at the Boeing delivery center. “[***]” This information is subject to confidential treatment and has been omitted and filed separately with the commission “[***]” This information is subject to confidential treatment and has been omitted and filed separately with the commissionUAL-PA-03784-EXB Page 5 UAL-PA-03784-AE1 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: [*** Where: *** (For Models 737-600, 737-700, 737-800, 737-900, 737-900ER, 737-7, 737-8, 737-9, 747-8, 777-200LR, 777-F, and 777-300ER the *** includes the *** at its basic thrust level.) ***plus the *********************] Where: Pa = Airframe Price Adjustment. P = Airframe Price plus the price of the Optional Features * (as set forth in Table 1 *** of this Purchase Agreement). [*** Where: *** is the ******] [***] [***] Where: [*******] is the base year airframe escalation index * (as set forth in Table 1 *** of this Purchase Agreement); [*** is a *** determined using the ******] is a value determined using the U.S. Department of Labor, Bureau of Labor Statistics, Employment Cost Index for [************************************] [*******************************]), calculated by establishing a three-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. “[***]” This information is subject to confidential treatment and has been omitted and filed separately with the commission [* *** Where: *** is the ******] [***] [***] Where: [***] is the base year index * (as set forth in Table 1 *** of this Purchase Agreement); and [*** is a *** determined using the ***] is a value determined using the U.S. Department of Labor, Bureau of Labor [************************]**************]), 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. [************************] 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 [************************] 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 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) [***] is the numeric ratio attributed to labor *** in the Airframe Price Adjustment formula.
(iii) [***] is the numeric ratio attributed to materials *** in the Airframe Price Adjustment formula. “[***]” This information is subject to confidential treatment and has been omitted and filed separately with the commission.
(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.***
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