Values to be Utilized in the Event of Unavailability. 2.1 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 Airframe Price Adjustment, the parties will, prior to the delivery of any such Aircraft, select a substitute from other *** or ***. Such substitute will result in 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 determine the Airframe Price Adjustment, *** will be used *** or *** in the *** for the *** from that *** at the *** of *** of ***. 2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the *** changes the base year for determination of the *** and *** values as defined above, such *** will be *** in the ***. 2.3 In the event escalation provisions 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 *** of the *** to the *** in ***. 2.4 If within *** of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Airframe Price Adjustment will be *** (this does not include those values noted as preliminary by the ***). A *** or *** will be issued *** for the period of original invoice to issuance *** or ***. Notes: (i) The values released by the *** and available to Boeing *** prior 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 Airframe Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and *** will be *** for any *** in ***. (ii) The maximum number of digits to the right of the decimal after rounding utilized in any part of the Airframe Price Adjustment 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-03784-AE1 ▇▇-▇ ▇▇▇ Page 4
Appears in 1 contract
Values to be Utilized in the Event of Unavailability. 2.1 If the *** Bureau of Labor Statistics substantially 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 Airframe Engine Price Adjustment, General Electric Aircraft agrees to meet jointly with Boeing and the Customer (to the extent such parties will, may lawfully do so) prior to the delivery of any such Aircraft, select a substitute from other *** Bureau of Labor Statistics data or ***similar data reported by non-governmental organizations. Such substitute will result in 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 *** Bureau of Labor Statistics should resume releasing values for the months needed to determine the Airframe Engine Price Adjustment, *** such values will be used *** to determine any increase or *** decrease in the *** Engine Price Adjustment for the *** Engine from that *** determined at the *** time of *** delivery of ***the Aircraft.
2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the *** Bureau of Labor Statistics changes the base year for determination of the [*** and *** values *] as defined above, such *** re-based values will be *** incorporated in the ***Engine Price Adjustment calculation.
2.3 In the event escalation provisions 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 *** equitably adjust the *** Engine Price of any *** affected Aircraft to *** reflect an *** allowance for *** increases or *** decreases consistent with the *** applicable provisions of *** paragraph 1 of this *** Supplemental ▇▇▇▇▇▇▇ ▇▇▇ in *** labor compensation and *** material costs occurring since *** August of the *** year prior to the *** price base year shown in the Purchase Agreement. “[***.]” This information is subject to confidential treatment and has been omitted and filed separately with the commission ▇▇▇▇ Terms Updates LA Page 38
2.4 If within [*** ************] of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Airframe Engine Price Adjustment will be *** re-calculated using the revised index values (this does not include those values noted as preliminary by the ***Bureau of Labor Statistics). A *** credit memorandum or *** supplemental invoice will be issued *** for the Engine Price Adjustment difference. Interest charges will not apply for the period of original invoice to issuance *** of credit memorandum or ***supplemental invoice. NotesNOTE:
(i) The values released by the *** Bureau of Labor Statistics and available to Boeing *** thirty (30) days prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the [*** and *** *] values for the applicable months (including those noted as preliminary by the ***Bureau of Labor Statistics) to calculate the Airframe Engine Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and *** no Engine Price Adjustments will be *** made after Aircraft delivery for any *** subsequent changes in ***published Index values, subject always to paragraph 2.4 above.
(ii) The maximum number of digits to the right of the decimal after rounding utilized in any part of the Airframe Engine Price Adjustment 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-03784-AE1 ▇▇-▇ ▇▇▇ Page 4.
Appears in 1 contract
Sources: Purchase Agreement (China Southern Airlines Co LTD)
Values to be Utilized in the Event of Unavailability. 2.1 If the *** substantially 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 Airframe Price Adjustment***, the parties will, prior to the delivery *** of any such Aircraft, select a substitute from other *** or ***. Such substitute will result in 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 determine the Airframe Price Adjustment, *** will be used *** or *** in the *** for the *** from that *** at the *** of *** of ***.
2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the *** changes the base year *** for determination of the *** and *** values as defined above, such *** will be *** in the ***.
2.3 In the event escalation provisions 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 *** of the *** to the *** price base year shown in ***.
2.4 If within *** of Aircraft delivery***, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics***, the Airframe Price Adjustment *** will be *** (this does not include those values noted as preliminary by the ***). A *** or *** will be issued *** for the period of original invoice to issuance of *** or ***. NotesNote:
(i) The values *** released by the *** and available to Boeing *** prior to the first day of the scheduled delivery month *** of an Aircraft will be used to determine the *** and *** values for the applicable months *** (including those noted as preliminary by the ***) to calculate the Airframe Price Adjustment for the Aircraft invoice at the time *** of delivery***. The values *** will be considered final and *** will be *** for any *** in *** subject always to ***.
(ii) The maximum number of digits to the right of the decimal after rounding utilized in any part of the Airframe Price Adjustment 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-03784PA-03776-AE1 ▇▇-▇ ▇▇▇ Page 4Ex BFE2
Appears in 1 contract
Values to be Utilized in the Event of Unavailability. 2.1 If the *** substantially 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 Airframe Price Adjustment, the parties will, prior to the delivery of any such Aircraft, select a substitute from other *** or ***. Such substitute will result in 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 *** months after delivery of the Aircraft, the *** should resume releasing values for the months needed to determine the Airframe Price Adjustment, *** *will be used *** or *** *in the *** *for the *** from that *** *at the *** *of *** of ***.
2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the *** changes the base year *** for determination of the *** and *** values as defined above, such *** *will be *** *in the ***.
2.3 In the event escalation provisions 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 *** of the *** to the *** in ***.
. UCH-PA-03776-AE1 AE1 Page 3 2.4 If within *** of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Airframe Price Adjustment will be *** *(this does not include those values noted as preliminary by the ***). A *** or *** will be issued *** for the period of original invoice to issuance of *** or ***. NotesNote:
(i) The values released by the *** and available to Boeing *** prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the *** and *** values for the applicable months (including those noted as preliminary by the ***) to calculate the Airframe Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and *** *will be *** *for any ***in *** in subject always to ***.
(ii) The maximum number of digits to the right of the decimal after rounding utilized in any part of the Airframe Price Adjustment 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. UALUCH-PA-03784PA-03776-AE1 ▇▇AE1 Page 4 UCH-▇ ▇▇▇ PA-03776-BFE1 Page 41
Appears in 1 contract
Values to be Utilized in the Event of Unavailability. 2.1 If the [*** *] substantially 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 Airframe Price Adjustment, the parties will, prior to the delivery of any such Aircraftaircraft, select a substitute from other *** or [***]. Such substitute will result in 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 determine the Airframe Price Adjustment, *** such values will be used *** to determine any increase or *** decrease in the *** Airframe Price Adjustment for the *** aircraft from that *** determined at the *** time of *** delivery of ***the aircraft.
2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the aircraft [*** *] changes the base year for determination of the [*** and *** ] values as defined above, such *** re-based values will be *** incorporated in the ***Airframe Price Adjustment calculation.
2.3 In the event escalation provisions 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 *** equitably adjust the *** Purchase Price of any *** affected aircraft to *** reflect an *** allowance for *** increases or *** decreases in labor compensation and material costs occurring since February of the price base year prior in the applicable purchase agreement which is consistent with the *** applicable provisions of *** paragraph 1 of this *** in *** and *** since *** of the *** to the *** in ***.Exhibit D.
2.4 If within [*** of Aircraft delivery*], the published index [***] values are revised due to an acknowledged error by the Bureau of Labor Statistics[***], the Airframe Price Adjustment will be re-calculated using the revised [*** *] values (this does not include those values noted as preliminary by the [***]). A *** Credit Memo or *** Supplemental Invoice will be issued *** for the Airframe Price Adjustment difference. Interest charges will not apply for the period of original invoice to issuance *** of Credit Memo or ***. Notes:
(i) The values released by the *** and available to Boeing *** prior 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 Airframe Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and *** will be *** for any *** in ***Supplemental Invoice.
(ii) The maximum number of digits to the right of the decimal after rounding utilized in any part of the Airframe Price Adjustment 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-03784-AE1 ▇▇-▇ ▇▇▇ Page 4
Appears in 1 contract
Sources: Aircraft General Terms Agreement (Hawaiian Holdings Inc)
Values to be Utilized in the Event of Unavailability. 2.1 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 Airframe Price Adjustment***, the parties will, prior to the delivery of any such Aircraft, select a substitute from other *** or ***. Such substitute will result in 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 determine *** the Airframe Price Adjustment, *** will be used *** or *** in the *** for the *** from that *** at the *** of *** of ***.
2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the *** changes the base year for determination of the *** and *** values as defined above, such *** will be *** in the ***.
2.3 In the event escalation provisions *** 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 *** of the *** to the *** shown in ***.
2.4 If within *** of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Airframe Price Adjustment *** 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 *** or ***. NotesNote:
(i) The values released by the *** and available to Boeing *** prior 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 Airframe Price Adjustment *** for the Aircraft invoice at the time of delivery. The values will be considered final and *** will be *** for any *** in ***.
(ii) The maximum number of digits to the right of the decimal after rounding utilized in any part of the Airframe Price Adjustment *** 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-03784-AE1 ▇▇-▇ ▇▇▇ Page 4.
Appears in 1 contract
Values to be Utilized in the Event of Unavailability. 2.1 If the *** substantially 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 Airframe Price Adjustment, the parties will, prior to the delivery of any such Aircraft, select a substitute from other *** or ***. * Such substitute will result in 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 *** months after delivery of the Aircraft, the *** should resume releasing values for the months needed to determine the Airframe Price Adjustment, *** will be used *** or *** in the *** for the *** from that *** at the *** of *** of ***.
2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the *** changes the base year *** for determination of the *** and *** values as defined above, such *** will be *** in the ***.
2.3 In the event escalation provisions 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 *** of the *** to the *** in ***.
2.4 If within *** of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics, the Airframe Price Adjustment will be *** (this does not include those values noted as preliminary by the ***). A *** or *** will be issued *** for the period of original invoice to issuance *** or ***. Notes* Note:
(i) The values released by the *** and available to Boeing *** prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the *** and *** values for the applicable months (including those noted as preliminary by the ***) to calculate the Airframe Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and *** will be *** for any *** in ***., subject always to ***
(ii) The maximum number of digits to the right of the decimal after rounding utilized in any part of the Airframe Price Adjustment 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-03784-AE1 ▇▇AE1 Page 4 This Supplemental Exhibit BFE1 contains supplier selection dates, on-▇ ▇▇▇ Page 4dock dates and other requirements applicable to the Aircraft.
Appears in 1 contract
Values to be Utilized in the Event of Unavailability. 2.1 If the [*** *] substantially revises the methodology used for the determination of the values to be used to determine the [*** and *** ] values (in contrast to benchmark adjustments [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. ▇▇▇-▇▇-▇▇▇▇▇-▇▇▇ or other corrections of previously released values), or for any reason has not released values needed to determine the applicable Airframe Engine Price Adjustment, [***] agrees to meet jointly with Boeing and the Customer (to the extent such parties will, may lawfully do so) prior to the delivery of any such Aircraft, select a substitute from other *** or [***] data or similar data reported by [***] organizations. Such substitute will result in 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 determine the Airframe Engine Price Adjustment, *** such values will be used *** to determine any increase or *** decrease in the *** Engine Price Adjustment for the *** Engine from that *** determined at the *** time of *** delivery of ***the Aircraft.
2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month [***] of an Aircraft the [*** *] changes the base year for determination of the [*** and *** ] values as defined above, such *** re-based values will be *** incorporated in the ***Engine Price Adjustment calculation.
2.3 In the event escalation provisions 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 *** equitably adjust the *** Engine Price of any *** affected Aircraft to *** reflect an *** allowance for *** increases or *** decreases consistent with the *** applicable provisions of *** paragraph 1 of this *** Supplemental ▇▇▇▇▇▇▇ ▇▇▇ in *** and *** since *** of the *** to the *** in [***] occurring since [***] prior to the [***] shown in the Purchase Agreement.
2.4 If within [*** of Aircraft delivery*], the published index values [***] are revised due to an acknowledged error by the Bureau of Labor Statistics[***], the Airframe Engine Price Adjustment will be re-calculated using the [*** *] (this does not include those values noted as preliminary by the [***]). A *** credit memorandum or *** supplemental invoice will be issued *** for the Engine Price Adjustment difference. Interest charges will not apply for the period of original invoice to issuance *** of credit memorandum or ***. Notes:
(i) The values released by the *** and available to Boeing *** prior 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 Airframe Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and *** will be *** for any *** in ***supplemental invoice.
(ii) The maximum number of digits to the right of the decimal after rounding utilized in any part of the Airframe Price Adjustment 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-03784-AE1 ▇▇-▇ ▇▇▇ Page 4
Appears in 1 contract
Values to be Utilized in the Event of Unavailability. 2.1 If the *** substantially 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 Airframe Engine Price Adjustment, Rolls-Royce plc agrees to meet jointly with Boeing and the Customer (to the extent such parties will, may lawfully do so) prior to the delivery of any such Aircraft, to select a substitute from other *** data or similar data reported by **** organizations. Such substitute will result in 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 determine the Airframe Price Adjustment, *** *; such values will be used *** or to determine any *** in the *** for the *** Engine from that *** determined at the *** time of *** delivery of ***the Aircraft.
2.2 Notwithstanding Article 2.1 above, if prior to the scheduled delivery month of an Aircraft the *** changes the base year *** for determination of the *** and *** values as defined above, such *** will be *** in the ***.
2.3 In the event escalation provisions 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 *** of the *** to the *** in ***.. P.A. No. 3860 EE1-RR - 3 Rev.: 07/31/08 United Air Lines, Inc. ▇▇ ▇▇▇▇▇ 1000 Engines
2.4 If within *** of Aircraft delivery, the published index values are revised due to an acknowledged error by the Bureau of Labor Statistics***, the Airframe Engine Price Adjustment will be *** (this does not include those values noted as preliminary by the ***). A *** or *** will be issued for the *** for the period of original invoice to issuance of *** or ***. Notes:
(i) Note: i. The values released by the *** and available to Boeing *** prior to the first day of the scheduled delivery month of an Aircraft will be used to determine the *** and *** values for the applicable months (including those noted as preliminary by the ***) to calculate the Airframe Engine Price Adjustment for the Aircraft invoice at the time of delivery. The values will be considered final and *** will be *** for any *** in ***, subject always to Pragraph 2.4 above.
(ii) The maximum number of digits to the right of the decimal after rounding utilized in any part of the Airframe Price Adjustment 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-03784-AE1 ▇▇-▇ ▇▇▇ Page 4
Appears in 1 contract