Common use of Termination for Excusable Delay Clause in Contracts

Termination for Excusable Delay. In the event of termination of the Purchase Agreement with respect to any Aircraft pursuant to Article 7 of the AGTA, such termination will, if Customer so requests by written notice received by Boeing within 15 days after such termination, also discharge and terminate all obligations and liabilities of the parties as to any Spare Parts which Customer had ordered pursuant to the provisions of this letter as initial provisioning for such Aircraft and which are undelivered on the date Boeing receives such written notice. Very truly yours, THE BOEING COMPANY By /s/ Gunar O. Clem Its Attorney-In-Fact ▇▇▇▇▇▇▇▇ ▇▇▇ AGREED TO this Date: October 10, 1997 CONTINENTAL AIRLINES, INC. By /s/ Brian Davis Its Vice President October 10,1997 2061-5 Continental Airlines, Inc. 2929 Allen Parkway Houston, TX 77019 Subject: ▇▇▇▇▇▇ ▇▇▇▇ Training Spare Parts Support Reference: Purchase Agreement No. 2061 (the Purchase Agreement) between The Boeing Company (Boeing) and Continental Airlines, Inc. (Customer) relating to Model 777-200IGW aircraft (the Aircraft) Ladies and Gentlemen: This Letter Agreement amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement shall have the same meaning as in the Purchase Agreement. Definition of Terms: Flight Crew Training: Flight training occurring immediately following delivery using Boeing facilities.

Termination for Excusable Delay. In the event of termination of the Purchase Agreement with respect to any Aircraft pursuant to Article 7 of the AGTA, such termination will, if Customer so requests by written notice received by Boeing within 15 days after such termination, also discharge and terminate all obligations and liabilities of the parties as to any Spare Parts which Customer had ordered pursuant to the provisions of this letter as initial provisioning for such Aircraft and which are undelivered on the date Boeing receives such written notice. Very truly yours, THE BOEING COMPANY By /s/ Gunar O. Clem Its Attorney-In-Fact ▇▇▇▇▇▇▇▇ ▇▇▇ ACCEPTED AND AGREED TO this Date: October 10, 1997 CONTINENTAL AIRLINES, INC. By /s/ Brian Davis Its Vice President October ▇▇▇▇▇▇▇ 10,1997 20612060-5 4 Continental Airlines, Inc. 2929 Allen Parkway Houston, TX 77019 Subject: ▇▇▇▇▇▇ ▇▇▇▇ Training ▇▇▇▇▇▇▇▇ Spare Parts Support Reference: Purchase Agreement No. 2061 2060 (the Purchase Agreement) between The Boeing Company (Boeing) and Continental Airlines, Inc. (Customer) relating to Model 777767-200IGW 400ER aircraft (the Aircraft) Ladies and Gentlemen: This Letter Agreement amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement shall have the same meaning as in the Purchase Agreement. Definition of Terms: Flight Crew Training: Flight training occurring immediately following delivery using Boeing facilities.

Termination for Excusable Delay. In the event of termination of the Purchase Agreement with respect to any Aircraft pursuant to Article 7 of the AGTA, such termination will, if Customer so requests by written notice received by Boeing within 15 days after such termination, also discharge and terminate all obligations and liabilities of the parties as to any Spare Parts which Customer had ordered pursuant to the provisions of this letter as initial provisioning for such Aircraft and which are undelivered on the date Boeing receives such written notice. Very truly yours, THE BOEING COMPANY By /s/ Gunar O. Clem J. A. McGarvey Its Attorney-In-Fact ▇▇▇▇▇▇▇▇ ▇▇▇ CEPTED AND AGREED TO this Date: October 10November 16, 1997 1998 CONTINENTAL AIRLINES, INC. By /s/ Brian Davis Its Vice President October 10,1997 2061▇▇▇▇▇ber 16, 1998 2211-5 04 Continental Airlines, Inc. 2929 Allen Parkway 1600 Smith Houston, TX 77019 77002 Subject: Flight C▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Training Spare Parts Support Reference: Purchase Agreement No. 2061 2211 (the Purchase Agreement) between The Boeing Company (Boeing) and Continental Airlines, Inc. (Customer) relating to Model 777767-200IGW 224ER aircraft (the Aircraft) Ladies and Gentlemen: This Letter Agreement amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement shall have the same meaning as in the Purchase Agreement. Definition of Terms: Flight Crew Training: Flight training occurring immediately following delivery using Boeing facilities.