Common use of General Conditions and Limitations Clause in Contracts

General Conditions and Limitations. 4.4.1 The undertakings given in Clauses 4.2 and 4.3 above shall not apply during the period of the warranty applicable to that Item under Clause 1 (Seller Warranty), nor if the Failure of the Item is due to any of the causes referred to in Clauses 1.5.2 (i), (ii) and / or (iii). 4.4.2 This Service Life Policy is applicable to Failures as defined in Clause 4.1, subject to maintenance and overhaul processes as indicated in Seller’s technical documentation and/or any other Seller’s technical written instructions being strictly complied with by Buyer. 4.4.3 The provisions of Clause 1.5.1 above are incorporated herein by this reference and shall condition Seller’s obligation under this Service Life Policy with respect to any listed Item. 4.4.4 Buyer shall maintain historical records with respect to the Item adequate to enable determination as to whether the alleged Failure is covered by the present undertaking and (if so) to define the cost to be borne [*****] in accordance with Clause 4.3 above. 4.4.5 Buyer shall keep Seller or its representative informed of any significant incident whatsoever occurring or recorded, resulting in any damage to the Aircraft. Failure to comply with this requirement shall invalidate this Service Life Policy. 4.4.6 Buyer will have to perform the structural inspections in accordance with the program described in section 8 of the Maintenance Planning Document to be supplied to Buyer according to Appendix F (Technical Publications) hereafter. Such inspections shall be carried out at Buyer’s expense and the reports relating thereto furnished to Seller in case of disclosure of a Failure, to allow Seller to take all necessary corrective actions. Service Life Policy application is, in all case, conditional to Buyer’s conformity with such inspection program. 4.4.7 In case of any Failure, Buyer shall be obliged to report the breakage or defect in writing or by fax to Seller within [*****] days after any breakage or defect in a listed Item becomes evident whether or not said breakage or defect can reasonably be expected to occur in any other Aircraft. Buyer shall inform Seller of defect or Failure in sufficient detail to enable Seller to deem whether said Failure or defect is subject to the present Service Life Policy. 4.4.8 The return to Seller, if such return is deemed practicable by Seller of any listed Item subject to a Failure, shall be at [*****] expense. [*****] shall bear all return transportation costs to Buyer’s main base. Any required disassembly of the Aircraft or parts thereof, removal of the covered Item subject to a Failure and reassembly, installation, inspection and test of the corrected or replaced Item shall be at [*****] expense. If such disassembly, reassembly, installation, inspection and test, is accomplished by Seller at Buyer’s request, the rates to be charged by Seller for any such services shall not exceed [*****] during substantially the same time period. 4.4.9 Any listed Item subject to a Failure and returned to Seller shall be under Seller’s responsibility from the time it has been received at Seller’s designated premises for repair until the time it has been returned at Buyer’s main base. During such period of time, Buyer shall no bear any liability as regard the risk of loss or damage relating to any such Item. 4.4.10 Should Seller issue a modification in order to avoid a structural Failure and should Seller elect to deliver the necessary modification kit free of charge to Buyer, then the validity of this commitment under Clause 4 hereof shall be subject to Buyer incorporating in the Aircraft, within a reasonable time to be mutually agreed between Buyer and Seller, such modification as promulgated by Seller and in accordance with Seller’s instruction. 4.4.11 This Service Life Policy is neither a warranty, performance guarantee nor an agreement to modify the Aircraft, or airframe components to conform to new developments hereafter occurring in the state of airframe design and manufacturing art. Seller’s obligation herein is to make only those corrections to the Airframe components or furnish replacement therefore as provided in this Clause 4. 4.4.12 Buyer’s rights under this Clause 4 shall not be assigned, sold, leased, transferred or otherwise alienated by operation of law or otherwise, to other operators except as provided for in Clause 26 (Assignment of Contract) hereof, and without prior Seller’s consent thereto given in writing. Any unauthorised assignment, sale, lease, transfer or other alienation of Buyer’s rights under this Service Life Policy shall immediately void this Service Life Policy in its entirety.

General Conditions and Limitations. 4.4.1 The undertakings given in Clauses 4.2 and 4.3 above shall not apply 12.2.4.1 Notwithstanding any provision of this Clause 12.2, during the period of Warranty Period, all Items will be covered by the warranty applicable to that Item under Clause 1 (Seller Warranty), nor if the Failure of the Item is due to any of the causes referred to in Clauses 1.5.2 (i), (ii) and / or (iii). 4.4.2 This Service Life Policy is applicable to Failures as defined in Clause 4.1, subject to maintenance and overhaul processes as indicated in Seller’s technical documentation and/or any other Seller’s technical written instructions being strictly complied with by Buyer. 4.4.3 The provisions of Clause 1.5.1 above are incorporated herein 12.1 and not by the provisions of this reference Clause 12.2. 12.2.4.2 The Buyer’s remedies and shall condition the Seller’s obligation obligations and liabilities under this Service Life Policy are subject to compliance by the Buyer with the following conditions: (i) The Buyer will generate and maintain log books and other historical records as required by the FAA, and will retain the same for the duration of this Service Life Policy, with respect to any listed Item. 4.4.4 Buyer shall maintain historical records with respect to the each Item adequate to enable the determination as to whether the alleged Failure is covered by the present undertaking and (this Service Life Policy and, if so) , to define allocate the portion of the cost to be borne [*****] by the Seller in accordance with Clause 4.3 above12.2.3. 4.4.5 (ii) The Buyer shall will keep the Seller or its representative informed informed, by making available any relevant records **, of any significant incident whatsoever incidents relating to an Aircraft, howsoever occurring or recorded. (iii) The conditions of Clause 12.1.11 will have been complied with. ** Confidential Treatment Requested. USA — Amended and Restated Airbus A320 Family Purchase Agreement PA — 66 of 123 EXECUTION PRIVILEGED AND CONFIDENTIAL (iv) The Buyer will implement specific structural inspection programs for monitoring purposes as may be established from time to time by the Seller and the Buyer. Such programs will be, resulting in any damage to the Aircraft. Failure to comply with this requirement shall invalidate this Service Life Policy. 4.4.6 Buyer will have to perform the structural inspections in accordance extent possible, compatible with the program described in section 8 of the Maintenance Planning Document to be supplied to Buyer according to Appendix F (Technical Publications) hereafter. Such inspections shall Buyer’s operational requirements and will be carried out at the Buyer’s expense and the reports expense. Reports relating thereto will be regularly furnished to the Seller in case of disclosure of a Failure, to allow Seller to take all necessary corrective actions. Service Life Policy application is, in all case, conditional to Buyer’s conformity with such inspection program.** 4.4.7 In case of any Failure, (v) The Buyer shall be obliged to will report the breakage or defect in writing or by fax to Seller within [*****] days after any breakage or defect in a listed Item that may be covered by the Service Life Policy to the Seller within ** after such breakage or defect becomes evident apparent, whether or not said breakage or defect the same can reasonably be expected to occur in any other Aircraft. , and the Buyer shall will inform the Seller of defect or Failure in sufficient detail about such breakage or defect to enable the Seller to deem determine whether said Failure or defect the same is subject to the present this Service Life Policy. 4.4.8 The return to Seller12.2.4.3 Except as otherwise provided in this Clause 12.2, if such return is deemed practicable by Seller of any listed Item claim under this Service Life Policy will be administered as provided in, and will be subject to the terms and conditions of, Clause 12.1.6. 12.2.4.4 If the Seller has issued a service bulletin modification applicable to an Aircraft, the purpose of which is to avoid a Failure, shall be at [*****] expense. [*****] shall bear all return transportation costs to Buyer’s main base. Any required disassembly of the Aircraft or parts thereof, removal of the covered Item subject to a Failure and reassembly, installation, inspection and test of the corrected or replaced Item shall be at [*****] expense. If such disassembly, reassembly, installation, inspection and test, is accomplished by Seller at Buyer’s request, the rates to be charged by Seller for any such services shall not exceed [*****] during substantially the same time period. 4.4.9 Any listed Item subject to a Failure and returned to Seller shall be under Seller’s responsibility from the time it has been received at Seller’s designated premises for repair until the time it has been returned at Buyer’s main base. During such period of time, Buyer shall no bear any liability as regard the risk of loss or damage relating to any such Item. 4.4.10 Should Seller issue a modification in order to avoid a structural Failure and should Seller elect to deliver will offer the necessary modification kit free of charge or under a pro rata formula established by the Seller. If such a kit is so offered to the Buyer, then then, in respect of such Failure and any Failures that could ensue therefrom, the validity of this Seller’s commitment under this Clause 4 hereof shall 12.2 will be subject to Buyer the Buyer’s incorporating such modification in the relevant Aircraft, within a reasonable time to be mutually agreed between Buyer and Sellertime, such modification as promulgated by the Seller and in accordance with the Seller’s instructioninstructions. ** Confidential Treatment Requested. USA — Amended and Restated Airbus A320 Family Purchase Agreement PA — 67 of 123 EXECUTION PRIVILEGED AND CONFIDENTIAL 12.2.4.5 THIS SERVICE LIFE POLICY IS NEITHER A WARRANTY, PERFORMANCE GUARANTEE, NOR AN AGREEMENT TO MODIFY ANY AIRCRAFT OR AIRFRAME COMPONENTS TO CONFORM TO NEW DEVELOPMENTS OCCURRING IN THE STATE OF AIRFRAME DESIGN AND MANUFACTURING ART. THE SELLER’S OBLIGATION UNDER THIS CLAUSE 12.2 IS TO MAKE ONLY THOSE CORRECTIONS TO THE ITEMS OR FURNISH REPLACEMENTS THEREFOR AS PROVIDED IN THIS CLAUSE 12.2. THE BUYER’S SOLE REMEDY AND RELIEF FOR THE NONPERFORMANCE OF ANY OBLIGATION OR LIABILITY OF THE SELLER ARISING UNDER OR BY VIRTUE OF THIS SERVICE LIFE POLICY WILL BE IN **, LIMITED TO THE AMOUNT THE BUYER REASONABLY EXPENDS IN PROCURING A CORRECTION OR REPLACEMENT FOR ANY ITEM THAT IS THE SUBJECT OF A FAILURE COVERED BY THIS SERVICE LIFE POLICY AND TO WHICH SUCH NONPERFORMANCE IS RELATED, LESS THE AMOUNT THAT THE BUYER OTHERWISE WOULD HAVE BEEN REQUIRED TO PAY UNDER THIS CLAUSE 12.2 IN RESPECT OF SUCH CORRECTED OR REPLACEMENT ITEM. WITHOUT LIMITING THE EXCLUSIVITY OF WARRANTIES AND GENERAL LIMITATIONS OF LIABILITY PROVISIONS SET FORTH IN CLAUSE 12.5, THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL CLAIMS TO ANY FURTHER DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES, ARISING UNDER OR BY VIRTUE OF THIS SERVICE LIFE POLICY. 4.4.11 This Service Life Policy is neither a warranty, performance guarantee nor an agreement to modify the Aircraft, or airframe components to conform to new developments hereafter occurring in the state of airframe design and manufacturing art. Seller’s obligation herein is to make only those corrections to the Airframe components or furnish replacement therefore as provided in this Clause 4. 4.4.12 Buyer’s rights under this Clause 4 shall not be assigned, sold, leased, transferred or otherwise alienated by operation of law or otherwise, to other operators except as provided for in Clause 26 (Assignment of Contract) hereof, and without prior Seller’s consent thereto given in writing. Any unauthorised assignment, sale, lease, transfer or other alienation of Buyer’s rights under this Service Life Policy shall immediately void this Service Life Policy in its entirety.

General Conditions and Limitations. 4.4.1 12.2.4.1 The undertakings given set forth in Clauses 4.2 and 4.3 above this Clause 12.2 shall not apply during be valid after the period of the Seller’s warranty applicable to that an Item under Clause 1 (Seller Warranty), nor if the Failure of the Item is due to any of the causes referred to in Clauses 1.5.2 (i), (ii) and / or (iii)12.1. 4.4.2 This Service Life Policy is applicable to Failures as defined in Clause 4.1, subject to maintenance 12.2.4.2 The Buyer’s remedies and overhaul processes as indicated in the Seller’s technical documentation and/or any other Seller’s technical written instructions being strictly complied with by Buyer. 4.4.3 The provisions of Clause 1.5.1 above are incorporated herein by this reference obligations and shall condition Seller’s obligation liabilities under this Service Life Policy are subject to the prior compliance by the Buyer with respect to any listed Item.the following conditions: 4.4.4 (i) the Buyer shall maintain log books and other historical records with respect to the Item each Item, adequate to enable determination as the Seller to determine whether the alleged Failure is covered by the present undertaking and (this Service Life Policy and, if so) , to define the cost portion of the costs to be borne [*****] by the Seller in accordance with Clause 4.3 above.12.2.3; 4.4.5 (ii) the Buyer shall keep the Seller or its representative informed of any significant incident whatsoever incidents relating to an Aircraft, howsoever occurring or recorded, resulting in any damage to ; (iii) the Aircraft. Failure to Buyer shall comply with this requirement the conditions of Clause 12.1.10; (iv) the Buyer shall invalidate this Service Life Policy. 4.4.6 Buyer will have implement specific structural inspection programs for monitoring purposes as may be established from time to perform time by the structural inspections in accordance Seller, Such programs shall be as compatible as possible with the program described in section 8 of the Maintenance Planning Document to be supplied to Buyer according to Appendix F (Technical Publications) hereafter. Such inspections Buyer’s operational requirements and shall be carried out at the Buyer’s expense and the reports expense. Reports relating thereto shall be regularly furnished to Seller in case of disclosure of a Failure, to allow Seller to take all necessary corrective actions. Service Life Policy application is, in all case, conditional to Buyer’s conformity with such inspection program.the Seller; 4.4.7 In case of any Failure, (v) the Buyer shall be obliged to report the breakage or defect in writing or by fax to Seller within [*****] days after any breakage or defect in a listed Item in writing to the Seller within sixty (60) days after such breakage or defect becomes evident apparent, whether or not said breakage or defect can reasonably be expected to occur in any other Aircraft. aircraft, and the Buyer shall inform have provided to the Seller of defect or Failure in sufficient detail on the breakage or defect to enable the Seller to deem determine whether said Failure breakage or defect is subject to the present this Service Life Policy. 4.4.8 The return to Seller12.2.4.3 Except as otherwise provided for in this Clause 12.2, if such return is deemed practicable by Seller of any listed Item claim under this Service Life Policy shall be administered as provided for in, and shall be subject to the terms and conditions of, Clause 12.1.6. 12.2.4.4 In the event of the Seller having issued a modification applicable to an Aircraft, the purpose of which is to avoid a Failure, shall be at [*****] expense. [*****] shall bear all return transportation costs to Buyer’s main base. Any required disassembly of the Aircraft or parts thereof, removal of the covered Item subject to a Failure and reassembly, installation, inspection and test of the corrected or replaced Item shall be at [*****] expense. If such disassembly, reassembly, installation, inspection and test, is accomplished by Seller at Buyer’s request, the rates to be charged by Seller for any such services shall not exceed [*****] during substantially the same time period. 4.4.9 Any listed Item subject to a Failure and returned to Seller shall be under Seller’s responsibility from the time it has been received at Seller’s designated premises for repair until the time it has been returned at Buyer’s main base. During such period of time, Buyer shall no bear any liability as regard the risk of loss or damage relating to any such Item. 4.4.10 Should Seller issue a modification in order to avoid a structural Failure and should Seller may elect to deliver supply the necessary modification kit free of charge or under a pro rata formula. If such a kit is so offered to the Buyer, then then, to the extent of such Failure and any Failures that could ensue therefrom, the validity of this the Seller’s commitment under this Clause 4 hereof 12.2 shall be subject to the Buyer incorporating such modification in the relevant Aircraft, within a reasonable time to be mutually agreed between Buyer and Seller, such modification as promulgated by the Seller and in accordance with the Seller’s instructioninstructions, within a reasonable time. 4.4.11 12.2.4.5 This Service Life Policy is neither a warranty, performance guarantee guarantee, nor an agreement to modify the Aircraft, any Aircraft or airframe Airframe components to conform to new developments hereafter occurring in the state of airframe design and manufacturing art. Seller’s obligation herein is to make only those corrections to the Airframe components or furnish replacement therefore as provided in this Clause 4. 4.4.12 Buyer’s rights under this Clause 4 shall not be assigned, sold, leased, transferred or otherwise alienated by operation of law or otherwise, to other operators except as provided for in Clause 26 (Assignment of Contract) hereof, and without prior Seller’s consent thereto given in writing. Any unauthorised assignment, sale, lease, transfer or other alienation of Buyer’s rights under this Service Life Policy shall immediately void this Service Life Policy in its entirety.A350 XWB – TAM – 12/2007

General Conditions and Limitations. 4.4.1 The undertakings given in Clauses 4.2 and 4.3 above shall not apply 12.2.4.1 Notwithstanding any provision of this Clause 12.2, during the period of Warranty Period, all Items will be covered by the warranty applicable to that Item under Clause 1 (Seller Warranty), nor if the Failure of the Item is due to any of the causes referred to in Clauses 1.5.2 (i), (ii) and / or (iii). 4.4.2 This Service Life Policy is applicable to Failures as defined in Clause 4.1, subject to maintenance and overhaul processes as indicated in Seller’s technical documentation and/or any other Seller’s technical written instructions being strictly complied with by Buyer. 4.4.3 The provisions of Clause 1.5.1 above are incorporated herein 12.1 of this Agreement and not by the provisions of this reference Clause 12.2. 12.2.4.2 The Buyer’s remedies and shall condition the Seller’s obligation obligations and liabilities under this Service Life Policy with respect are subject to any listed Item.the following conditions: 4.4.4 (i) The Buyer shall maintain maintains log books and other historical records with respect to the each Item adequate to enable determination as the Seller to determine whether the alleged Failure is covered by the present undertaking and (this Service Life Policy and, if so) , to define the portion of the cost to be borne [*****] by the Seller in accordance with Clause 4.3 above12.2.3. 4.4.5 (ii) The Buyer shall keep keeps the Seller or its representative informed of any significant incident whatsoever incidents relating to an Aircraft, however occurring or recorded. (iii) The Buyer complies with the conditions of Clause 12.1.11. (iv) The Buyer implements specific structural inspection programs for monitoring purposes as may be established from time to time by the Seller. Such programs will be, resulting in any damage to the Aircraft. Failure to comply with this requirement shall invalidate this Service Life Policy. 4.4.6 Buyer will have to perform the structural inspections in accordance extent possible, compatible with the program described in section 8 of the Maintenance Planning Document to be supplied to Buyer according to Appendix F (Technical Publications) hereafter. Such inspections shall Buyer’s operational requirements and will be carried out at the Buyer’s expense and the expense, reports relating thereto to be regularly furnished to Seller in case of disclosure of a Failure, to allow Seller to take all necessary corrective actions. Service Life Policy application is, in all case, conditional to Buyer’s conformity with such inspection programthe Seller. 4.4.7 In case of (v) The Buyer reports in writing any Failure, Buyer shall be obliged to report the breakage or defect in writing or by fax to the Seller within [*****] days * after any breakage or defect in a listed an Item becomes evident apparent, whether or not said the breakage or defect can reasonably be expected to occur in any other Aircraft. , and the Buyer shall inform provides the Seller of defect or Failure in with sufficient detail about the breakage or defect to enable the Seller to deem determine whether said Failure breakage or defect is subject to the present this Service Life Policy. CT1706024 – Amended and Restated ▇▇▇▇-▇▇▇ ▇▇▇▇▇▇▇▇ Agreement – execution version AIRBUS S.A.S. & UNITED AIRLINES, INC. – PROPRIETARY AND CONFIDENTIAL 44 12.2.4.3 Except as otherwise provided in this Clause 12.2, any claim under this Service Life Policy will be administered as provided in, and will be subject to the terms and conditions of, Clause 12.1.6. 4.4.8 The return 12.2.4.4 If the Seller has issued a service bulletin modification applicable to Selleran Aircraft, if such return the purpose of which is deemed practicable by Seller of any listed Item subject to avoid a Failure, shall be at [*****] expense. [*****] shall bear all return transportation costs to Buyer’s main base. Any required disassembly of the Aircraft or parts thereof, removal of the covered Item subject to a Failure and reassembly, installation, inspection and test of the corrected or replaced Item shall be at [*****] expense. If such disassembly, reassembly, installation, inspection and test, is accomplished by Seller at Buyer’s request, the rates to be charged by Seller for any such services shall not exceed [*****] during substantially the same time period. 4.4.9 Any listed Item subject to a Failure and returned to Seller shall be under Seller’s responsibility from the time it has been received at Seller’s designated premises for repair until the time it has been returned at Buyer’s main base. During such period of time, Buyer shall no bear any liability as regard the risk of loss or damage relating to any such Item. 4.4.10 Should Seller issue a modification in order to avoid a structural Failure and should Seller may elect to deliver supply the necessary modification kit free of charge or under a pro rata formula established by the Seller. If such a kit is so offered to the Buyer, then then, in respect of such Failure and any Failures that could ensue therefrom, the validity of this the Seller’s commitment under this Clause 4 hereof shall 12.2 will be subject to Buyer the Buyer’s incorporating such modification in the relevant Aircraft, within a reasonable time to be mutually agreed between Buyer and Sellertime, such modification as promulgated by Seller and in accordance with the Seller’s instructioninstructions. 4.4.11 This Service Life Policy is neither a warranty12.2.4.5 THIS SERVICE LIFE POLICY IS NEITHER A WARRANTY, performance guarantee nor an agreement to modify the AircraftPERFORMANCE GUARANTEE, or airframe components to conform to new developments hereafter occurring in the state of airframe design NOR AN AGREEMENT TO MODIFY ANY AIRCRAFT OR AIRFRAME COMPONENTS TO CONFORM TO NEW DEVELOPMENTS OCCURRING IN THE STATE OF AIRFRAME DESIGN AND MANUFACTURING ART. THE SELLER’S OBLIGATION UNDER THIS CLAUSE 12.2 IS TO MAKE ONLY THOSE CORRECTIONS TO THE ITEMS OR FURNISH REPLACEMENTS THEREFOR AS PROVIDED IN THIS CLAUSE 12.2. THE BUYER’S SOLE REMEDY AND RELIEF FOR THE NONPERFORMANCE OF ANY OBLIGATION OR LIABILITY OF THE SELLER ARISING UNDER OR BY VIRTUE OF THIS SERVICE LIFE POLICY WILL BE IN A CREDIT FOR GOODS AND SERVICES, LIMITED TO THE AMOUNT THE BUYER REASONABLY EXPENDS IN PROCURING A CORRECTION OR REPLACEMENT FOR ANY ITEM THAT IS THE SUBJECT OF A FAILURE COVERED BY THIS SERVICE LIFE POLICY AND TO WHICH SUCH NONPERFORMANCE IS RELATED, LESS THE AMOUNT THAT THE BUYER OTHERWISE WOULD HAVE BEEN REQUIRED TO PAY UNDER THIS CLAUSE 12.2 IN RESPECT OF SUCH CORRECTED OR REPLACEMENT ITEM. WITHOUT LIMITING THE EXCLUSIVITY OF WARRANTIES AND GENERAL LIMITATIONS OF LIABILITY PROVISIONS SET FORTH IN CLAUSE 12.5, THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL CLAIMS TO ANY FURTHER DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES, ARISING UNDER OR BY VIRTUE OF THIS SERVICE LIFE POLICY. CT1706024 – Amended and manufacturing artRestated ▇▇▇▇-▇▇▇ ▇▇▇▇▇▇▇▇ Agreement – execution version AIRBUS S.A.S. & UNITED AIRLINES, INC. Seller’s obligation herein is to make only those corrections to the Airframe components or furnish replacement therefore as provided in this Clause 4. 4.4.12 Buyer’s rights under this Clause 4 shall not be assigned, sold, leased, transferred or otherwise alienated by operation of law or otherwise, to other operators except as provided for in Clause 26 (Assignment of Contract) hereof, and without prior Seller’s consent thereto given in writing. Any unauthorised assignment, sale, lease, transfer or other alienation of Buyer’s rights under this Service Life Policy shall immediately void this Service Life Policy in its entirety.– PROPRIETARY AND CONFIDENTIAL 45

General Conditions and Limitations. 4.4.1 The 12.2.4.1 Notwithstanding Subclause 12.2.3, the undertakings given in Clauses 4.2 and 4.3 above this Subclause 12.2 shall not apply be valid during the period of the warranty applicable to that an Item under Clause 1 (Seller Warranty), nor if the Failure of the Item is due to any of the causes referred to in Clauses 1.5.2 (i), (ii) and / or (iii)Subclause 12.1. 4.4.2 This Service Life Policy is applicable to Failures as defined in Clause 4.1, subject to maintenance 12.2.4.2 The Buyer’s remedy and overhaul processes as indicated in Seller’s technical documentation and/or any other Seller’s technical written instructions being strictly complied with by Buyer. 4.4.3 The provisions of Clause 1.5.1 above are incorporated herein by this reference and shall condition the Seller’s obligation and liability under this Service Life Policy are subject to compliance by the Buyer with respect to any listed Item.the following conditions precedent: 4.4.4 (i) The Buyer shall maintain log books and other historical records with respect to the each Item adequate to enable determination as to whether the alleged Failure is covered by the present undertaking and (this Service Life Policy and, if so) , to define the portion of the cost to be borne [*****] by the Seller in accordance with Clause 4.3 Subclause 12.2.3 above. 4.4.5 (ii) The Buyer shall keep the Seller or its representative informed of any significant incident whatsoever incidents relating to an Aircraft, howsoever occurring or recorded, resulting in any damage if the failure to so inform the Seller materially prejudices the Seller’s position. (iii) The conditions of Subclause 12.1.10 shall have been complied with. (iv) The Buyer shall carry out specific structural inspection programs for monitoring purposes as may be established from time to time by the Seller. Such programs shall be, to the Aircraft. Failure to comply with this requirement shall invalidate this Service Life Policy. 4.4.6 Buyer will have to perform the structural inspections in accordance extent possible, compatible with the program described in section 8 of the Maintenance Planning Document to be supplied to Buyer according to Appendix F (Technical Publications) hereafter. Such inspections Buyer’s operational requirements and shall be carried out at the Buyer’s expense and the reports expense. Reports relating thereto shall be regularly furnished to Seller in case of disclosure of a Failure, to allow Seller to take all necessary corrective actionsthe Seller. Service Life Policy application is, in all case, conditional to Buyer’s conformity with such inspection program.CT1707017 PA A321 NEO EXECUTION 4.4.7 (v) In the case of any Failurebreakage or defect, the Buyer shall be obliged to report the breakage or defect same in writing or by fax to the Seller within [*****] days after any breakage or defect in a listed an Item becomes evident apparent, whether or not said breakage or defect can reasonably be expected to occur in any other Aircraft. , and the Buyer shall inform the Seller of defect or Failure in sufficient detail about the breakage or defect to enable the Seller to deem determine whether said Failure breakage or defect is subject to the present this Service Life Policy. 4.4.8 The return to Seller12.2.4.3 Except as otherwise provided in this Subclause 12.2, if such return is deemed practicable by Seller of any listed Item claim under this Service Life Policy shall be administered as provided in, and shall be subject to the terms and conditions of, Subclause 12.1.6. 12.2.4.4 In the event that the Seller shall have issued a modification applicable to an Aircraft, the purpose of which is to avoid a Failure, shall be at [*****] expense. [*****] shall bear all return transportation costs to Buyer’s main base. Any required disassembly of the Aircraft or parts thereof, removal of the covered Item subject to a Failure and reassembly, installation, inspection and test of the corrected or replaced Item shall be at [*****] expense. If such disassembly, reassembly, installation, inspection and test, is accomplished by Seller at Buyer’s request, the rates to be charged by Seller for any such services shall not exceed [*****] during substantially the same time period. 4.4.9 Any listed Item subject to a Failure and returned to Seller shall be under Seller’s responsibility from offer to supply to the time it has been received at Seller’s designated premises for repair until the time it has been returned at Buyer’s main base. During such period of time, Buyer shall no bear any liability as regard the risk of loss or damage relating to any such Item. 4.4.10 Should Seller issue a modification in order to avoid a structural Failure and should Seller elect to deliver the necessary modification kit free of charge or under a pro rata formula established by mutual agreement between the Buyer and the Seller. If such a kit is so offered to the Buyer, then then, in respect of such Failure and any Failures that could ensue therefrom, the validity of this the Seller’s commitment under Clause 4 hereof this Subclause 12.2 shall be subject to Buyer the Buyer’s incorporating such modification in the relevant Aircraft, within a reasonable time to be mutually agreed between Buyer and Sellertime, such modification as promulgated by the Seller and in accordance with the Seller’s instructioninstructions. 4.4.11 This Service Life Policy is neither a warranty12.2.4.5 THIS SERVICE LIFE POLICY IS NEITHER A WARRANTY, performance guarantee nor an agreement to modify the AircraftPERFORMANCE GUARANTEE, or airframe components to conform to new developments hereafter occurring in the state of airframe design and manufacturing artNOR AN AGREEMENT TO MODIFY ANY AIRCRAFT OR AIRFRAME COMPONENTS TO CONFORM TO NEW DEVELOPMENTS OCCURRING IN THE STATE OF AIRFRAME DESIGN AND MANUFACTURING ART. Seller’s obligation herein is to make only those corrections to the Airframe components or furnish replacement therefore as provided in this Clause 4THE SELLER’S OBLIGATION UNDER THIS SUBCLAUSE 12.2 IS TO MAKE ONLY THOSE CORRECTIONS TO THE ITEMS OR FURNISH REPLACEMENTS THEREFOR AS PROVIDED IN THIS SUBCLAUSE 12.2. THE BUYER’S SOLE REMEDY AND RELIEF FOR THE NONPERFORMANCE OF ANY OBLIGATION OR LIABILITY OF THE SELLER ARISING UNDER OR BY VIRTUE OF THIS SERVICE LIFE POLICY SHALL BE IN MONETARY DAMAGES, LIMITED TO THE AMOUNT THE BUYER REASONABLY EXPENDS IN PROCURING A CORRECTION OR REPLACEMENT FOR ANY ITEM THAT IS THE SUBJECT OF A FAILURE COVERED BY THIS SERVICE LIFE POLICY AND TO WHICH SUCH NONPERFORMANCE IS RELATED, LESS THE AMOUNT THAT THE BUYER OTHERWISE WOULD HAVE BEEN REQUIRED TO PAY UNDER THIS SUBCLAUSE 12.2 IN RESPECT OF SUCH CORRECTED OR REPLACEMENT ITEM. WITHOUT LIMITING THE EXCLUSIVITY OF WARRANTIES AND GENERAL LIMITATIONS OF LIABILITY PROVISIONS SET FORTH IN SUBCLAUSE 12.5, THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL CLAIMS TO ANY FURTHER DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES, ARISING UNDER OR BY VIRTUE OF THIS SERVICE LIFE POLICY. 4.4.12 Buyer’s rights under this Clause 4 shall not be assigned, sold, leased, transferred or otherwise alienated by operation of law or otherwise, to other operators except as provided for in Clause 26 (Assignment of Contract) hereof, and without prior Seller’s consent thereto given in writing. Any unauthorised assignment, sale, lease, transfer or other alienation of Buyer’s rights under this Service Life Policy shall immediately void this Service Life Policy in its entirety.

General Conditions and Limitations. 4.4.1 12.2.4.1 The undertakings given in Clauses 4.2 and 4.3 above shall not apply during this sub-Clause 12.2 will be valid after the period of the Seller’s warranty applicable to that an Item under sub-Clause 1 (Seller Warranty), nor if the Failure of the Item is due to any of the causes referred to in Clauses 1.5.2 (i), (ii) and / or (iii)12.1. 4.4.2 This Service Life Policy is applicable to Failures as defined in Clause 4.1, subject to maintenance 12.2.4.2 The Buyer's remedy and overhaul processes as indicated in the Seller’s technical documentation and/or any other Seller’s technical written instructions being strictly complied with by Buyer. 4.4.3 The provisions of Clause 1.5.1 above are incorporated herein by this reference 's obligation and shall condition Seller’s obligation liability under this Service Life Policy are subject to compliance by the Buyer with respect to any listed Item.the following conditions precedent: 4.4.4 (i) The Buyer shall will maintain log books and other historical records with respect to the each Item adequate to enable determination as to whether the alleged Failure is covered by the present undertaking and (this Service Life Policy and, if so) , to define the portion of the cost to be borne [*****] by the Seller in accordance with sub-Clause 4.3 12.2.3 above. 4.4.5 (ii) The Buyer shall will keep the Seller or its representative informed of any significant incident whatsoever incidents relating to an Aircraft, howsoever occurring or recorded. (iii) The conditions of sub-Clause 12.1.10 will have been complied with. (iv) The Buyer will carry out specific structural inspection programs for monitoring purposes as may be established from time to time by the Seller. Such programs will be, resulting in any damage to the Aircraft. Failure to comply with this requirement shall invalidate this Service Life Policy. 4.4.6 Buyer will have to perform the structural inspections in accordance extent possible, compatible with the program described in section 8 of the Maintenance Planning Document to be supplied to Buyer according to Appendix F (Technical Publications) hereafter. Such inspections shall Buyer's operational requirements and will be carried out at the Buyer’s expense and the reports 's expense. Reports relating thereto will be regularly furnished to Seller in case of disclosure of a Failure, to allow Seller to take all necessary corrective actions. Service Life Policy application is, in all case, conditional to Buyer’s conformity with such inspection programthe Seller. 4.4.7 (v) In the case of any Failurebreakage or defect, the Buyer shall be obliged to will report the breakage or defect same in writing or by fax to the Seller within [*****] ninety (90) days after any breakage or defect in a listed an Item becomes evident apparent, whether or not said breakage or defect can reasonably be expected to occur in any other Aircraft. , and the Buyer shall will inform the Seller of defect or Failure in sufficient detail about the breakage or defect to enable the Seller to deem determine whether said Failure breakage or defect is subject to the present this Service Life Policy. 4.4.8 The return to Seller12.2.4.3 Except as otherwise provided in this sub-Clause 12.2, if such return is deemed practicable by Seller of any listed Item claim under this Service Life Policy will be administered as provided in, and will be subject to the terms and C.I.T. Leasing Corporation A320 NEO Family Purchase Agreement July 2011 conditions of, sub-Clause 12.1.6. 12.2.4.4 In the event that the Seller will have issued a modification applicable to an Aircraft, the purpose of which is to avoid a Failure, shall be at [*****] expense. [*****] shall bear all return transportation costs to Buyer’s main base. Any required disassembly of the Aircraft or parts thereof, removal of the covered Item subject to a Failure and reassembly, installation, inspection and test of the corrected or replaced Item shall be at [*****] expense. If such disassembly, reassembly, installation, inspection and test, is accomplished by Seller at Buyer’s request, the rates to be charged by Seller for any such services shall not exceed [*****] during substantially the same time period. 4.4.9 Any listed Item subject to a Failure and returned to Seller shall be under Seller’s responsibility from the time it has been received at Seller’s designated premises for repair until the time it has been returned at Buyer’s main base. During such period of time, Buyer shall no bear any liability as regard the risk of loss or damage relating to any such Item. 4.4.10 Should Seller issue a modification in order to avoid a structural Failure and should Seller may elect to deliver supply the necessary modification kit free of charge or under a pro rata formula established by the Seller. If such a kit is so offered to Buyerthe Buyer by written notice describing such issued modification, then then, in respect of such Failure and any Failures that could ensue therefrom, the validity of this the Seller's commitment under this sub-Clause 4 hereof shall 12.2 will be subject to Buyer the Buyer's incorporating such modification in the relevant Aircraft, within a reasonable time to be mutually agreed between Buyer and Sellertime, such modification as promulgated by the Seller and in accordance with the Seller’s instruction's instructions. 4.4.11 This Service Life Policy is neither a warranty12.2.4.5 THIS SERVICE LIFE POLICY IS NEITHER A WARRANTY, performance guarantee nor an agreement to modify the AircraftPERFORMANCE GUARANTEE, or airframe components to conform to new developments hereafter occurring in the state of airframe design and manufacturing artNOR AN AGREEMENT TO MODIFY ANY AIRCRAFT OR AIRFRAME COMPONENTS TO CONFORM TO NEW DEVELOPMENTS OCCURRING IN THE STATE OF AIRFRAME DESIGN AND MANUFACTURING ART. Seller’s obligation herein is to make only those corrections to the Airframe components or furnish replacement therefore as provided in this Clause 4THE SELLER'S OBLIGATION UNDER THIS SUB-CLAUSE 12.2 IS TO MAKE ONLY THOSE CORRECTIONS TO THE ITEMS OR FURNISH REPLACEMENTS THEREFOR AS PROVIDED IN THIS SUB-CLAUSE 12. 4.4.12 Buyer’s rights under this Clause 4 shall not be assigned, sold, leased, transferred or otherwise alienated by operation of law or otherwise, to other operators except as provided for in Clause 26 (Assignment of Contract) hereof, and without prior Seller’s consent thereto given in writing. Any unauthorised assignment, sale, lease, transfer or other alienation of Buyer’s rights under this Service Life Policy shall immediately void this Service Life Policy in its entirety.

General Conditions and Limitations. 4.4.1 The undertakings given in Clauses 4.2 and 4.3 above shall not apply 12.2.4.1 Notwithstanding any provision of this Clause 12.2, during the period of Warranty Period, all Items will be covered by the warranty applicable to that Item under Clause 1 (Seller Warranty), nor if the Failure of the Item is due to any of the causes referred to in Clauses 1.5.2 (i), (ii) and / or (iii). 4.4.2 This Service Life Policy is applicable to Failures as defined in Clause 4.1, subject to maintenance and overhaul processes as indicated in Seller’s technical documentation and/or any other Seller’s technical written instructions being strictly complied with by Buyer. 4.4.3 The provisions of Clause 1.5.1 above are incorporated herein 12.1 and not by the provisions of this reference Clause 12.2. 12.2.4.2 The Buyer’s remedies and shall condition the Seller’s obligation obligations and liabilities under this Service Life Policy are subject to compliance by the Buyer with the following conditions: (i) The Buyer will generate and maintain log books and other historical records as required by the FAA, and will retain the same for the duration of this Service Life Policy, with respect to any listed Item. 4.4.4 Buyer shall maintain historical records with respect to the each Item adequate to enable the determination as to whether the alleged Failure is covered by the present undertaking and (this Service Life Policy and, if so) , to define allocate the portion of the cost to be borne [*****] by the Seller in accordance with Clause 4.3 above12.2.3. 4.4.5 (ii) The Buyer shall will keep the Seller or its representative informed informed, by making available any relevant records **, of any significant incident whatsoever incidents relating to an Aircraft, howsoever occurring or recorded. (iii) The conditions of Clause 12.1.11 will have been complied with. (iv) The Buyer will implement specific structural inspection programs for monitoring purposes as may be established from time to time by the Seller and the Buyer. Such programs will be, resulting in any damage to the Aircraft. Failure to comply with this requirement shall invalidate this Service Life Policy. 4.4.6 Buyer will have to perform the structural inspections in accordance extent possible, compatible with the program described in section 8 of the Maintenance Planning Document to be supplied to Buyer according to Appendix F (Technical Publications) hereafter. Such inspections shall Buyer’s operational requirements and will be carried out at the Buyer’s expense and the reports expense. Reports relating thereto will be regularly furnished to the Seller in case of disclosure of a Failure, to allow Seller to take all necessary corrective actions. Service Life Policy application is, in all case, conditional to Buyer’s conformity with such inspection program**. 4.4.7 In case of any Failure, (v) The Buyer shall be obliged to will report the breakage or defect in writing or by fax to Seller within [*****] days after any breakage or defect in a listed Item that may be covered by the Service Life Policy to the Seller within **, after such breakage or defect becomes evident apparent, whether or not said breakage or defect the same can reasonably be expected to occur in any other Aircraft. , and the Buyer shall will inform the Seller of defect or Failure in sufficient detail about such breakage or defect to enable the Seller to deem determine whether said Failure or defect the same is subject to the present this Service Life Policy. 4.4.8 The return to Seller12.2.4.3 Except as otherwise provided in this Clause 12.2, if such return is deemed practicable by Seller of any listed Item claim under this Service Life Policy will be administered as provided in, and will be subject to the terms and conditions of, Clause 12.1.6. USA — Airbus A330 Purchase Agreement EXECUTION PA — 44 of 95 PRIVILEGED AND CONFIDENTIAL **Confidential Treatment Requested. 12.2.4.4 If the Seller has issued a service bulletin modification applicable to an Aircraft, the purpose of which is to avoid a Failure, shall be at [*****] expense. [*****] shall bear all return transportation costs to Buyer’s main base. Any required disassembly of the Aircraft or parts thereof, removal of the covered Item subject to a Failure and reassembly, installation, inspection and test of the corrected or replaced Item shall be at [*****] expense. If such disassembly, reassembly, installation, inspection and test, is accomplished by Seller at Buyer’s request, the rates to be charged by Seller for any such services shall not exceed [*****] during substantially the same time period. 4.4.9 Any listed Item subject to a Failure and returned to Seller shall be under Seller’s responsibility from the time it has been received at Seller’s designated premises for repair until the time it has been returned at Buyer’s main base. During such period of time, Buyer shall no bear any liability as regard the risk of loss or damage relating to any such Item. 4.4.10 Should Seller issue a modification in order to avoid a structural Failure and should Seller elect to deliver will offer the necessary modification kit free of charge or under a pro rata formula established by the Seller. If such a kit is so offered to the Buyer, then then, in respect of such Failure and any Failures that could ensue therefrom, the validity of this Seller’s commitment under this Clause 4 hereof shall 12.2 will be subject to Buyer the Buyer’s incorporating such modification in the relevant Aircraft, within a reasonable time to be mutually agreed between Buyer and Sellertime, such modification as promulgated by the Seller and in accordance with the Seller’s instructioninstructions. 4.4.11 This Service Life Policy is neither a warranty12.2.4.5 THIS SERVICE LIFE POLICY IS NEITHER A WARRANTY, performance guarantee nor an agreement to modify the AircraftPERFORMANCE GUARANTEE, or airframe components to conform to new developments hereafter occurring in the state of airframe design and manufacturing artNOR AN AGREEMENT TO MODIFY ANY AIRCRAFT OR AIRFRAME COMPONENTS TO CONFORM TO NEW DEVELOPMENTS OCCURRING IN THE STATE OF AIRFRAME DESIGN AND MANUFACTURING ART. Seller’s obligation herein is to make only those corrections to the Airframe components or furnish replacement therefore as provided in this Clause 4THE SELLER’S OBLIGATION UNDER THIS CLAUSE 12.2 IS TO MAKE ONLY THOSE CORRECTIONS TO THE ITEMS OR FURNISH REPLACEMENTS THEREFOR AS PROVIDED IN THIS CLAUSE 12.2. THE BUYER’S SOLE REMEDY AND RELIEF FOR THE NONPERFORMANCE OF ANY OBLIGATION OR LIABILITY OF THE SELLER ARISING UNDER OR BY VIRTUE OF THIS SERVICE LIFE POLICY WILL BE **, LIMITED TO THE AMOUNT THE BUYER REASONABLY EXPENDS IN PROCURING A CORRECTION OR REPLACEMENT FOR ANY ITEM THAT IS THE SUBJECT OF A FAILURE COVERED BY THIS SERVICE LIFE POLICY AND TO WHICH SUCH NONPERFORMANCE IS RELATED, LESS THE AMOUNT THAT THE BUYER OTHERWISE WOULD HAVE BEEN REQUIRED TO PAY UNDER THIS CLAUSE 12.2 IN RESPECT OF SUCH CORRECTED OR REPLACEMENT ITEM. WITHOUT LIMITING THE EXCLUSIVITY OF WARRANTIES AND GENERAL LIMITATIONS OF LIABILITY PROVISIONS SET FORTH IN CLAUSE 12.5, THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL CLAIMS TO ANY FURTHER DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES, ARISING UNDER OR BY VIRTUE OF THIS SERVICE LIFE POLICY. 4.4.12 Buyer’s rights under this Clause 4 shall not be assigned, sold, leased, transferred or otherwise alienated by operation of law or otherwise, to other operators except as provided for in Clause 26 (Assignment of Contract) hereof, and without prior Seller’s consent thereto given in writing. Any unauthorised assignment, sale, lease, transfer or other alienation of Buyer’s rights under this Service Life Policy shall immediately void this Service Life Policy in its entirety.