▇▇▇▇▇▇, RELEASE AND RENUNCIATION. THE WARRANTIES, OBLIGATIONS AND LIABILITIES OF THE LESSOR AND/OR ITS SUPPLIERS AND REMEDIES OF THE LESSEE SET FORTH IN THIS CLAUSE 6 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE LESSEE HEREBY WAIVES, RELEASES AND RENOUNCES, ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF THE LESSOR AND/OR ITS SUPPLIERS AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER AND/OR ITS SUPPLIERS EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE WITH RESPECT TO ANY NON-CONFORMITY OR DEFECT IN ANY LEASED PART DELIVERED UNDER THESE LEASING CONDITIONS INCLUDING BUT NOT LIMITED TO: (A) ANY WARRANTY AGAINST HIDDEN DEFECTS; (B) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS; (C) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (D) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY, WHETHER CONTRACTUAL OR DELICTUAL AND WHETHER OR NOT ARISING FROM THE LESSOR'S OR ITS SUPPLIERS' NEGLIGENCE, ACTUAL OR IMPUTED; AND (E) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OR DAMAGE TO ANY AIRCRAFT, COMPONENT, EQUIPMENT, ACCESSORY OR PART THEREOF OR ANY LEASED PART DELIVERED HEREUNDER. THE LESSOR AND/OR ITS SUPPLIERS SHALL HAVE NO OBLIGATION OR LIABILITY, HOWSOEVER ARISING, FOR LOSS OF USE, REVENUE OR PROFIT OR FOR ANY OTHER DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WITH RESPECT TO ANY NON-CONFORMITY OR DEFECT IN ANY LEASED PART DELIVERED UNDER THESE LEASING CONDITIONS. FOR THE PURPOSES OF THIS CLAUSE 6.9.6, "THE SELLER" SHALL INCLUDE THE SELLER, AND ITS AFFILIATES. EXHIBIT "H" APPENDIX "A" TO CLAUSE 6 OF EXHIBIT "H" SELLER PARTS AVAILABLE FOR LEASING AILERONS APU DOORS CARGO DOORS PASSENGER DOORS ELEVATORS FLAPS LANDING GEAR DOORS RUDDER TAIL CONE SLATS SPOILERS AIRBRAKES WING TIPS WINGLETS EXHIBIT "H" 7.1 In the event of the Agreement being terminated with respect to any Aircraft due to causes provided for in Clauses 10,11 or 20 of the Agreement, such termination may also affect the terms of this Exhibit "H" to the extent set forth in Clause 7.2 below. 7.2 Any termination under Clauses 10, 11 or 20 of the Agreement shall discharge all obligations and liabilities of the parties hereunder with respect to such undelivered spare parts, services, data or other items to be purchased hereunder which are applicable to those Aircraft for which the Agreement has been terminated. Unused spare parts in excess of the Buyer's requirements due to such Aircraft cancellation shall be repurchased by the Seller as provided for in Clause 4.5.2. Exhibit H - 21/21 LETTER AGREEMENT NO 1 CHINA EASTERN AIRLINES CORPORATION, LIMITED Pudong International Airport Shanghai 201202 People's Republic of China Subject *** China Eastern Corporation, Limited (the "Buyer") and Airbus S.A.S. (the "Seller") have entered into a Purchase Agreement ("the Agreement") dated as of even date herewith which covers the manufacture and the sale by the Seller and the purchase by the Buyer of the A330-300 model aircraft (the "Aircraft" as described in the Agreement). Capitalized terms used herein and not otherwise defined in this Letter Agreement shall have the meanings assigned thereto in the Agreement. Both parties agree that this Letter Agreement, upon execution thereof, shall constitute an integral, nonseverable part of said Agreement and shall be governed by all its provisions, as such provisions have been specifically amended pursuant to this Letter Agreement. LETTER AGREEMENT NO 1 1 *** 2 *** 3 *** 4 *** 5 *** LETTER AGREEMENT NO 1 6 *** LETTER AGREEMENT NO 1 If the foregoing correctly sets forth our understanding, please execute three (3) originals in the space provided below and return one (1) original of this Letter Agreement to the Seller. Agreed and accepted, ▇▇▇▇▇▇ and accepted, For and on behalf of For and on behalf of CHINA EASTERN AIRLINES AIRBUS S.A.S. CORPORATION LIMITED Name: /s/ ▇▇▇ ▇▇▇▇▇▇▇ Name: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ------------------------------- ---------------------------------- Title: Title: CEO ------------------------------ CHINA EASTERN AIRLINES AVIATION IMPORT AND EXPORT CORPORATION Name: /s/ ▇▇▇ ▇▇▇▇▇▇ ------------------------------- Title: ------------------------------ LETTER AGREEMENT NO 2 CHINA EASTERN AIRLINES CORPORATION, LIMITED Pudong International Airport Shanghai 201202 People's Republic of China Subject: *** China Eastern Corporation, Limited (the "Buyer") and Airbus S.A.S. (the "Seller") have entered into a Purchase Agreement ("the Agreement") dated as of even date herewith which covers the manufacture and the sale by the Seller and the purchase by the Buyer of the A330-300 model aircraft (the "Aircraft" as described in the Agreement). Capitalized terms used herein and not otherwise defined in this Letter Agreement shall have the meanings assigned thereto in the Agreement. Both parties agree that this Letter Agreement, upon execution thereof, shall constitute an integral, nonseverable part of said Agreement and shall be governed by all its provisions, as such provisions have been specifically amended pursuant to this Letter Agreement. LETTER AGREEMENT NO 2 1 *** LA 2 Page 2/5 LETTER AGREEMENT NO 2 2 *** 3 *** LETTER AGREEMENT NO 2 *** LETTER AGREEMENT NO 2 If the foregoing correctly sets forth our understanding, please execute three (3) originals in the space provided below and return one (1) original of this Letter Agreement to the Seller. Agreed and accepted, ▇▇▇▇▇▇ and accepted, For and on behalf of For and on behalf of CHINA EASTERN AIRLINES AIRBUS S.A.S. CORPORATION LIMITED Name: /s/ ▇▇▇ ▇▇▇▇▇▇▇ Name: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ------------------------------- ---------------------------------- Title: Title: CEO ------------------------------ CHINA EASTERN AIRLINES AVIATION IMPORT AND EXPORT CORPORATION Name: /s/ ▇▇▇ ▇▇▇▇▇▇ ------------------------------- Title: ------------------------------ LA 2 Page 5/5 LETTER AGREEMENT NO 3 CHINA EASTERN AIRLINES CORPORATION, LIMITED Pudong International Airport Shanghai 201202 People's Republic of China Subject: *** China Eastern Corporation, Limited (the "Buyer") and Airbus S.A.S. (the "Seller") have entered into a Purchase Agreement ("the Agreement") dated as of even date herewith which covers the manufacture and the sale by the Seller and the purchase by the Buyer of the A330-300 model aircraft (the "Aircraft" as described in the Agreement). Capitalized terms used herein and not otherwise defined in this Letter Agreement shall have the meanings assigned thereto in the Agreement. Both parties agree that this Letter Agreement, upon execution thereof, shall constitute an integral, nonseverable part of said Agreement and shall be governed by all its provisions, as such provisions have been specifically amended pursuant to this Letter Agreement. LETTER AGREEMENT NO 3 1 *** 2 *** 3 *** LETTER AGREEMENT NO 3 4 *** 4.2 LETTER AGREEMENT NO 3 If the foregoing correctly sets forth our understanding, please execute three (3) originals in the space provided below and return one (1) original of this Letter Agreement to the Seller. Agreed and accepted, ▇▇▇▇▇▇ and accepted, For and on behalf of For and on behalf of CHINA EASTERN AIRLINES AIRBUS S.A.S. CORPORATION LIMITED Name: /s/ ▇▇▇ ▇▇▇▇▇▇▇ Name: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ------------------------------- ---------------------------------- Title: Title: CEO ------------------------------ CHINA EASTERN AIRLINES AVIATION IMPORT AND EXPORT CORPORATION Name: /s/ ▇▇▇ ▇▇▇▇▇▇ ------------------------------- Title: ------------------------------ LA 3 Page 4/4 LETTER AGREEMENT NO 4 CHINA EASTERN AIRLINES CORPORATION, LIMITED Pudong International Airport Shanghai 201202 People's Republic of China Subject: *** China Eastern Corporation, Limited (the "Buyer") and Airbus S.A.S. (the "Seller") have entered into a Purchase Agreement ("the Agreement") dated as of even date herewith which covers the manufacture and the sale by the Seller and the purchase by the Buyer of the A330-300 model aircraft (the "Aircraft" as described in the Agreement). Capitalized terms used herein and not otherwise defined in this Letter Agreement shall have the meanings assigned thereto in the Agreement. Both parties agree that this Letter Agreement, upon execution thereof, shall constitute an integral, nonseverable part of said Agreement and shall be governed by all its provisions, as such provisions have been specifically amended pursuant to this Letter Agreement. *** LETTER AGREEMENT NO 4 APPENDIX A
Appears in 1 contract
Sources: Purchase Agreement (China Eastern Airlines Corp LTD)
▇▇▇▇▇▇, RELEASE AND RENUNCIATION. THE WARRANTIES, OBLIGATIONS AND LIABILITIES OF THE LESSOR AND/OR ITS SUPPLIERS AND REMEDIES OF THE LESSEE SET FORTH IN THIS CLAUSE 6 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE LESSEE HEREBY WAIVES, RELEASES AND RENOUNCES, ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF THE LESSOR AND/OR ITS SUPPLIERS AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER AND/OR ITS SUPPLIERS EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE WITH RESPECT TO ANY NON-CONFORMITY OR DEFECT IN ANY LEASED PART DELIVERED UNDER THESE LEASING CONDITIONS INCLUDING BUT NOT LIMITED TO:
(A) ANY WARRANTY AGAINST HIDDEN DEFECTS;
(B) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS;
(C) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE;
(D) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY, WHETHER CONTRACTUAL OR DELICTUAL AND WHETHER OR NOT ARISING FROM THE LESSOR'S OR ITS SUPPLIERS' NEGLIGENCE, ACTUAL OR IMPUTED; AND
(E) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OR DAMAGE TO ANY AIRCRAFT, COMPONENT, EQUIPMENT, ACCESSORY OR PART THEREOF OR ANY LEASED PART DELIVERED HEREUNDER. THE LESSOR AND/OR ITS SUPPLIERS SHALL HAVE NO OBLIGATION OR LIABILITY, HOWSOEVER ARISING, FOR LOSS OF USE, REVENUE OR PROFIT OR FOR ANY OTHER DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WITH RESPECT TO ANY NON-CONFORMITY OR DEFECT IN ANY LEASED PART DELIVERED UNDER THESE LEASING CONDITIONS. FOR THE PURPOSES OF THIS CLAUSE 6.9.6, "THE SELLER" SHALL INCLUDE THE SELLER, AND ITS AFFILIATES. EXHIBIT "H" APPENDIX "A" TO CLAUSE 6 OF EXHIBIT "H" SELLER PARTS AVAILABLE FOR LEASING AILERONS APU DOORS CARGO DOORS PASSENGER DOORS ELEVATORS FLAPS LANDING GEAR DOORS RUDDER TAIL CONE SLATS SPOILERS AIRBRAKES WING TIPS WINGLETS EXHIBIT "H"
7.1 In the event of the Agreement being terminated with respect to any Aircraft due to causes provided for in Clauses 10,11 or 20 of the Agreement, such termination may also affect the terms of this Exhibit "H" to the extent set forth in Clause 7.2 below.
7.2 Any termination under Clauses 10, 11 or 20 of the Agreement shall discharge all obligations and liabilities of the parties hereunder with respect to such undelivered spare parts, services, data or other items to be purchased hereunder which are applicable to those Aircraft for which the Agreement has been terminated. Unused spare parts in excess of the Buyer's requirements due to such Aircraft cancellation shall be repurchased by the Seller as provided for in Clause 4.5.2. Exhibit H - 21/21 LETTER AGREEMENT NO 1 CHINA EASTERN AIRLINES CORPORATION, LIMITED Pudong International Airport Shanghai 201202 People's Republic of China Subject *** China Eastern Corporation, Limited (the "Buyer") and Airbus S.A.S. (the "Seller") have entered into a Purchase Agreement ("the Agreement") dated as of even date herewith which covers the manufacture and the sale by the Seller and the purchase by the Buyer of the A330-300 model aircraft (the "Aircraft" as described in the Agreement). Capitalized terms used herein and not otherwise defined in this Letter Agreement shall have the meanings assigned thereto in the Agreement. Both parties agree that this Letter Agreement, upon execution thereof, shall constitute an integral, nonseverable part of said Agreement and shall be governed by all its provisions, as such provisions have been specifically amended pursuant to this Letter Agreement. LETTER AGREEMENT NO 1 1 *** 2 *** 3 *** 4 *** 5 *** LETTER AGREEMENT NO 1 6 *** LETTER AGREEMENT NO 1 If the foregoing correctly sets forth our understanding, please execute three (3) originals in the space provided below and return one (1) original of this Letter Agreement to the Seller. Agreed and accepted, ▇▇▇▇▇▇ and accepted, For and on behalf of For and on behalf of CHINA EASTERN AIRLINES AIRBUS S.A.S. CORPORATION LIMITED Name: /s/ ▇▇▇ ▇▇▇▇▇▇▇ Name: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ------------------------------- ---------------------------------- Title: Title: CEO ------------------------------ CHINA EASTERN AIRLINES AVIATION IMPORT AND EXPORT CORPORATION Name: /s/ ▇▇▇ ▇▇▇▇▇▇ ------------------------------- Title: ------------------------------ LETTER AGREEMENT NO 2 CHINA EASTERN AIRLINES CORPORATION, LIMITED Pudong International Airport Shanghai 201202 People's Republic of China Subject: *** China Eastern Corporation, Limited (the "Buyer") and Airbus S.A.S. (the "Seller") have entered into a Purchase Agreement ("the Agreement") dated as of even date herewith which covers the manufacture and the sale by the Seller and the purchase by the Buyer of the A330-300 model aircraft (the "Aircraft" as described in the Agreement). Capitalized terms used herein and not otherwise defined in this Letter Agreement shall have the meanings assigned thereto in the Agreement. Both parties agree that this Letter Agreement, upon execution thereof, shall constitute an integral, nonseverable part of said Agreement and shall be governed by all its provisions, as such provisions have been specifically amended pursuant to this Letter Agreement. LETTER AGREEMENT NO 2 1 *** LA 2 Page 2/5 LETTER AGREEMENT NO 2 2 *** 3 *** LETTER AGREEMENT NO 2 *** LETTER AGREEMENT NO 2 If the foregoing correctly sets forth our understanding, please execute three (3) originals in the space provided below and return one (1) original of this Letter Agreement to the Seller. Agreed and accepted, ▇▇▇▇▇▇ and accepted, For and on behalf of For and on behalf of CHINA EASTERN AIRLINES AIRBUS S.A.S. CORPORATION LIMITED Name: /s/ ▇▇▇ ▇▇▇▇▇▇▇ Name: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ------------------------------- ---------------------------------- Title: Title: CEO ------------------------------ CHINA EASTERN AIRLINES AVIATION IMPORT AND EXPORT CORPORATION Name: /s/ ▇▇▇ ▇▇▇▇▇▇ ------------------------------- Title: ------------------------------ LA 2 Page 5/5 LETTER AGREEMENT NO 3 CHINA EASTERN AIRLINES CORPORATION, LIMITED Pudong International Airport Shanghai 201202 People's Republic of China Subject: *** China Eastern Corporation, Limited (the "Buyer") and Airbus S.A.S. (the "Seller") have entered into a Purchase Agreement ("the Agreement") dated as of even date herewith which covers the manufacture and the sale by the Seller and the purchase by the Buyer of the A330-300 model aircraft (the "Aircraft" as described in the Agreement). Capitalized terms used herein and not otherwise defined in this Letter Agreement shall have the meanings assigned thereto in the Agreement. Both parties agree that this Letter Agreement, upon execution thereof, shall constitute an integral, nonseverable part of said Agreement and shall be governed by all its provisions, as such provisions have been specifically amended pursuant to this Letter Agreement. LETTER AGREEMENT NO 3 1 *** 2 *** 3 *** LETTER AGREEMENT NO 3 4 ***
4.2 LETTER AGREEMENT NO 3 If the foregoing correctly sets forth our understanding, please execute three (3) originals in the space provided below and return one (1) original of this Letter Agreement to the Seller. Agreed and accepted, ▇▇▇▇▇▇ and accepted, For and on behalf of For and on behalf of CHINA EASTERN AIRLINES AIRBUS S.A.S. CORPORATION LIMITED Name: /s/ ▇▇▇ ▇▇▇▇▇▇▇ Name: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ------------------------------- ---------------------------------- Title: Title: CEO ------------------------------ CHINA EASTERN AIRLINES AVIATION IMPORT AND EXPORT CORPORATION Name: /s/ ▇▇▇ ▇▇▇▇▇▇ ------------------------------- Title: ------------------------------ LA 3 Page 4/4 LETTER AGREEMENT NO 4 CHINA EASTERN AIRLINES CORPORATION, LIMITED Pudong International Airport Shanghai 201202 People's Republic of China Subject: *** China Eastern Corporation, Limited (the "Buyer") and Airbus S.A.S. (the "Seller") have entered into a Purchase Agreement ("the Agreement") dated as of even date herewith which covers the manufacture and the sale by the Seller and the purchase by the Buyer of the A330-300 model aircraft (the "Aircraft" as described in the Agreement). Capitalized terms used herein and not otherwise defined in this Letter Agreement shall have the meanings assigned thereto in the Agreement. Both parties agree that this Letter Agreement, upon execution thereof, shall constitute an integral, nonseverable part of said Agreement and shall be governed by all its provisions, as such provisions have been specifically amended pursuant to this Letter Agreement. *** LETTER AGREEMENT NO 4 APPENDIX A.
Appears in 1 contract
Sources: Purchase Agreement (China Eastern Airlines Corp LTD)