Common use of Termination of Agreement for Excusable Delay Clause in Contracts

Termination of Agreement for Excusable Delay. In the event of termination of the Agreement with respect to any Aircraft (i) pursuant to Article 6.2 of the Agreement, or (ii) pursuant to Article 6.3 of the Agreement such termination will, if Buyer 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 Buyer 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/ M. Monica Fix Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: October 10, 1996 CONTINENTAL AIRLINES, INC. By /s/ Brian Davis Its V.P. ▇951-8R1 October 10, 1996 Continental Airlines, Inc. 2929 Allen Parkway Houston, TX 77019 Subject: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ No. 1951-8R1 to Purchase Agreement No. 1951 - [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] Ladies and Gentlemen: This Letter Agreement amends Purchase Agreement No. 1951 dated July 23, 1996(the Agreement), between The Boeing Company (Boeing) and Continental Airlines, Inc. (Buyer) relating to Model 737- 624/-724/-824 aircraft (the Aircraft). This Letter Agreement supersedes and replaces in its entirety Letter Agreement 1951-8 dated July 23, 1996. All terms used herein and in the Agreement, and not defined herein, will have the same meaning as in the Agreement. [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] If the foregoing accurately reflects your understanding of the matters treated herein, please so indicate by signature below. Very truly yours, THE BOEING COMPANY By /s/ M. Monica Fix Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: October 10, 1996 CONTINENTAL AIRLINES, INC. By /s/ Brian Davis Its V.P. ▇951-9 October 10, 1996 Continental Airlines, Inc. 2929 Allen Parkway Houston, Texas 77019 Subject: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ No. 1951-9 to Purchase Agreement No. 1951 - Option Aircraft - Model 737-624 Aircraft Ladies and Gentlemen: This Letter Agreement amends Purchase Agreement No. 1951 dated July 23, 1996(the Purchase Agreement) between The Boeing Company (Boeing) and Continental Airlines, Inc. (Buyer) relating to Model 737-624 aircraft (the Aircraft). All terms used and not defined herein shall have the same meaning as in the Purchase Agreement. In consideration of Buyer's purchase of the Aircraft, Boeing hereby agrees to manufacture and sell up to [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] to Buyer, on the same terms and conditions set forth in the Purchase Agreement, except as otherwise described in Attachment A hereto, and subject to the terms and conditions set forth below.

Termination of Agreement for Excusable Delay. In the event of termination of the Agreement with respect to any Aircraft (i) pursuant to Article 6.2 of the Agreement, or (ii) pursuant to Article 6.3 of the Agreement such termination will, if Buyer 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 Buyer 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/ M. Monica Fix Its Attorney-In-Fact ACCEPTED AND ACCEPTE▇ ▇▇▇ AGREED TO this Date: October 10July 23, 1996 CONTINENTAL AIRLINES, INC. By /s/ Brian Davis Its V.P. Vice President 1951-▇ ▇951-8R1 October 10▇▇▇ ▇▇, 1996 Continental Airlines, Inc. 2929 Allen Parkway Houston, TX 77019 Subject: ▇▇Letter Agree▇▇▇▇ ▇▇. ▇▇▇▇▇▇▇ No. 1951-8R1 -8 to Purchase Agreement No. 1951 - [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT.] Ladies and Gentlemen: This Letter Agreement amends Purchase Agreement No. 1951 dated July 23, 1996(the as of even date herewith (the Agreement), between The Boeing Company (Boeing) and Continental Airlines, Inc. (Buyer) relating to Model 737- 624/-724/-824 737-724/-824 aircraft (the Aircraft). This Letter Agreement supersedes and replaces in its entirety Letter Agreement 1951-8 dated July 23, 1996. All terms used herein and in the Agreement, and not defined herein, will have the same meaning as in the Agreement. [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT.] If the foregoing accurately reflects your understanding of the matters treated herein, please so indicate by signature below. Very truly yours, THE BOEING COMPANY By /s/ M. Monica Fix Its Attorney-In-Fact ACCEPTED AND AGREED ▇▇▇ ▇GREED TO this Date: October 10July 23, 1996 CONTINENTAL AIRLINES, INC. By /s/ Brian Davis Its V.P. Vice President 6-1162-▇951▇▇-9 October 10▇▇▇ ▇▇ly 23, 1996 Continental AirlinesCONTINENTAL AIRLINES, Inc. INC. 2929 Allen Parkway Houston, Texas 77019 Subject: Letter A▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ No. 19516-9 1162-MMF-295 to Purchase Agreement No. 1951 - Option Aircraft - Model 737-624 Aircraft Ladies and Gentlemen: This Letter Agreement amends Purchase Agreement No. 1951 dated July 23, 1996(the Purchase Agreement) between The Boeing Company (Boeing) and Continental Airlines, Inc. (Buyer) relating to Model 737-624 aircraft (the Aircraft). All terms used and not defined herein shall have the same meaning as in the Purchase Agreement. In consideration of Buyer's purchase of the Aircraft, Boeing hereby agrees to manufacture and sell up to [CONFIDENTIAL MATERIAL MATTER OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT.] Gentlemen: This Letter Agreement amends Purchase Agreement No. 1951 dated as of even date herewith (the Agreement) between THE BOEING COMPANY (Boeing) and CONTINENTAL AIRLINES, INC. (Buyer) relating to BuyerModel 737-724 aircraft (the Aircraft). All terms used herein and in the Agreement, on and not defined herein will have the same terms and conditions set forth meaning as in the Purchase Agreement, except as otherwise described in Attachment . [CONFIDENTIAL MATTER OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A hereto, and subject to the terms and conditions set forth belowREQUEST FOR CONFIDENTIAL TREATMENT.]