Common use of Confidential Treatment Clause in Contracts

Confidential Treatment. Boeing and Customer understand that certain information contained in this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law. P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY Xiamen Airlines 6-1165-CKR-1446 Very truly yours, THE BOEING COMPANY By /s/ Xxxxxxxxx X. Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: April 18, 2008 XIAMEN AIRLINES By /s/ Xxxx Xxxxx Hua Its P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 6-1165-CKR-1447 Xiamen Airlines 00 Xxxxxxx Xxxx Xxxxxx, 000000 Xxxxxx Xxxxxxxx People’s Republic of China Subject: Aircraft Performance Guarantees Reference: Purchase Agreement No. 3323 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen Airlines (Customer) relating to Model 737-85C aircraft (the Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement have the same meaning as in the Purchase Agreement. Boeing agrees to provide Customer with the performance guarantees in the Attachment These guarantees are exclusive and expire upon delivery of the Aircraft to Customer. Boeing and Customer understand that certain information contained in this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law.

Appears in 1 contract

Samples: Letter Agreement (China Southern Airlines Co LTD)

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Confidential Treatment. Customer understands that Boeing considers certain commercial and Customer understand that certain financial information contained in this Letter Agreement is considered to be business consideration as confidential. The parties Each of Customer and Boeing agree that they it will treat this Letter Agreement business consideration and the information contained herein as confidential confidential. Customer agrees to limit the disclosure of the contents of this business consideration to employees of Customer with a need to know and will not, who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the other partyforegoing, Customer may disclose this Letter Agreement or any information contained business consideration and the terms and conditions herein to any other person or entity exceptits parent company, (1) FedEx Corporation, to those the Board of their respective legal counselDirectors of its parent corporation, auditorsFedEx Corporation, accountantsto its professional advisors under a duty of confidentiality with respect hereto, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law. P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY Xiamen Airlines 6-1165-CKR-1446 Very truly yours, AGREED AND ACCEPTED this 28 October 2013 Date THE BOEING COMPANY By FEDERAL EXPRESS CORPORATION /s/ Xxxxxxxxx Xxxxxx X. Xxxx /s/ Xxxx X. Xxxxx Signature Signature Xxxxxx Its X. Xxxx Xxxx X. Xxxxx Printed Name Printed Name Attorney-In-Fact ACCEPTED AND AGREED TO this Date: April 18VP Title Title * Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. 6-1162-SCR-186 October 1, 2008 XIAMEN AIRLINES By /s/ Xxxx Xxxxx Hua Its P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay 2013 BOEING PROPRIETARY The Boeing Company X.X. Xxx 6-1162-SCR-193 November 29, 2013 Federal Express Corporation 0000 Xxxxxxxx Xxxx Xxxxxxx, XX 00000-0000 6-1165-CKR-1447 Xiamen Airlines 00 00000 Attention: Xx. Xxxxx Xxxxxxxx Managing Director – Aircraft Acquisitions & Sales Mr. Xxxxxxx Xxxx Xxxxxx, 000000 Xxxxxx Xxxxxxxx People’s Republic of China Senior Attorney Subject: Aircraft Performance Guarantees Reference[*] Matters References: Purchase Agreement No. 3323 (the Purchase Agreement) 3157 between The Boeing Company (Boeing) and Xiamen Airlines Federal Express Corporation (Customer) dated November 7, 2006 (Purchase Agreement) relating to Model 737-85C the purchase of 777F aircraft (the Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement). All terms Any capitalized term used but not defined in this Letter Agreement herein shall have the same meaning as ascribed to it in the Purchase Agreement. Boeing agrees to provide Customer with the performance guarantees in the Attachment These guarantees are exclusive and expire upon delivery of the Aircraft to Customer. Boeing and Customer understand that certain information contained in this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law.

Appears in 1 contract

Samples: Supplemental Agreement (Fedex Corp)

Confidential Treatment. Boeing and Customer understand understands that certain commercial and financial information contained in this Letter Agreement is are considered to be by Boeing as confidential. The parties agree Customer agrees that they it will treat this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent of the other partyBoeing, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those entity. If the foregoing correctly sets forth your understanding of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written our agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable with respect to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the partiesmatters treated above, or (4) as may be required by applicable lawplease indicate your acceptance and approval below. P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY Xiamen Airlines 6-1165-CKR-1446 Very truly yours, THE BOEING COMPANY By /s/ Xxxxxxxxx X. Xxxxxx ------------------------------------------ Its Attorney-In-Fact ------------------------------------------ ACCEPTED AND AGREED TO this Date: April 18, 2008 XIAMEN 2002 -------------------------------- KLM ROYAL DUTCH AIRLINES By /s/ Xxxx Xxxxx Hua ------------------------------------------ Its P.A. No. 3323 Liquidated_Damages_Non------------------------------------------ 2399-Excusable_Delay BOEING PROPRIETARY The Boeing Company X.X. 06 KLM ROYAL DUTCH AIRLINES Xxxxxxxxxxxxxx 00 0000 XX Xxxxxxxxxx Xxx 0000 Xxxxxxx, XX 00000-0000 6-1165-CKR-1447 Xiamen Airlines 00 Xxxxxxx Xxxx Xxxxxx, 000000 Xxxxxx Xxxxxxxx People’s Republic of China Xxxxxxxxxxx Subject: Aircraft Performance Guarantees Flight Crew Training Spare Parts Support Reference: Purchase Agreement No. 3323 2399 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen KLM Royal Dutch Airlines (Customer) relating to Model 737777-85C 206ER aircraft (the Aircraft) This letter agreement (Letter Agreement) Agreement is entered into on the date below, and amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement have the same meaning as in the Purchase Agreement. THIS LETTER AGREEMENT WILL REMAIN OPEN UNTIL DECEMBER 1, 2002 FOR CUSTOMER'S ACCEPTANCE. Definition of Terms: FLIGHT CREW TRAINING: Flight training conducted by Boeing agrees to provide Customer with the performance guarantees in the Attachment These guarantees are exclusive and expire upon occurring immediately following delivery of the Aircraft . REMOVED PARTS: Parts removed from an Aircraft during Flight Crew Training. REPLACEMENT PARTS: Parts taken from Boeing inventory and installed in an Aircraft because no Standby Parts are available. STANDBY PARTS: Parts which are owned by Customer and located at Customer's designated storage area at Boeing to Customer. Boeing and Customer understand that certain information contained in this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable lawsupport Flight Crew Training.

Appears in 1 contract

Samples: Letter Agreement (KLM Royal Dutch Airlines)

Confidential Treatment. Boeing and Customer understand that certain information contained in this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as represents confidential business information and has value precisely because it is not available generally or to other parties. Customer will not, limit the disclosure of its contents to employees of Customer with a need to know the contents for purposes of helping Customer perform its obligations under the Purchase Agreement and who understand they are not to disclose its contents to any other person or entity without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable lawBoeing. P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY Xiamen Airlines 6-1165-CKR-1446 Very truly yours, THE BOEING COMPANY By /s/ Xxxxxxxxx X. Xxxx X Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: April 18June 13, 2008 XIAMEN 2014 CHINA EASTERN AIRLINES CORPORATION LIMITED By /s/ Tang Bing Its ATTORNEY-IN-FACT CHINA EASTERN AVIATION IMPORT & EXPORT CORPORATION By /s/ Xxxx Xxxxx Hua Xxx Jie Its P.A. No. 3323 Liquidated_Damages_NonAttorney-Excusable_Delay In-Fact CEA-PA-4077-LA-1302562 BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 6XXX-1165XX-0000-CKR-1447 Xiamen XX-0000000 Xxxxx Eastern Airlines 00 Xxxxxxx Corporation Limited 0000 Xxxxxxxx Xxxx Xxxxxx, Xxxxxxxx 000000 Xxxxxx Xxxxxxxx People’s Republic of China Subject: Aircraft Performance Guarantees Reference: Purchase Agreement No. 3323 PA-4077 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen China Eastern Airlines Corporation Limited (Customer) relating to Model 737-85C 800 aircraft (the Aircraft) This letter agreement (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. Boeing agrees to provide Customer with the performance guarantees in the Attachment Attachment. These guarantees are exclusive and expire upon delivery of the Aircraft to Customer. Boeing Notwithstanding any other provisions of the Purchase Agreement, the rights and Customer understand that certain information contained obligations described in this Letter Agreement is considered are provided to be confidential. The parties agree that they will treat this Letter Agreement and Customer in consideration of Customer becoming the information contained herein as confidential and will not, without the prior written consent operator of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidentialcannot be assigned in whole or, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable lawin part.

Appears in 1 contract

Samples: Letter Agreement (China Eastern Airlines Corp LTD)

Confidential Treatment. Boeing and Customer understand understands that certain commercial and financial information contained in this Letter Agreement is considered by Boeing as confidential and has value precisely because it is not available generally to be confidentialother parties. The parties agree that they will treat Customer agrees to limit the disclosure of the contents of this Letter Agreement to (a) its directors and officers, (b) employees of Customer with a need to know the information contained herein as confidential contents for performing its obligations (including, without limitation, those employees performing accounting, finance, administration and will notother functions necessary to finance and purchase, deliver or lease the Aircraft) and who understand they are not to disclose its contents to any other person or entity (other than those to whom disclosure is permitted by this Article) without the prior written consent of the other party, disclose this Letter Agreement or Boeing and (c) any information contained herein to any other person or entity except, (1) to those auditors and attorneys of their respective legal counsel, auditors, accountants, insurance brokers and other advisers Customer who have a need to know such information and have signed a confidentiality agreement in the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject same form and substance similar to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the partiesthis Article, or (4) are otherwise bound by a confidentiality obligation. Disclosure to other parties is not permitted without Boeing’s consent except as may be required by applicable lawlaw or governmental regulations. P.A. NoCustomer shall be fully responsible to Boeing for compliance with such obligations. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY Xiamen Airlines 6-1165-CKR-1446 Very truly yours, THE BOEING COMPANY By /s/ Xxxxxxxxx X. Xxxxxx Xxxxx X Xxxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: April 18December 13 , 2008 XIAMEN 2011 SOUTHWEST AIRLINES CO. By /s/ Xxxx Xxxxx Hua Xxxxxxx Van de Ven Its P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay EVP & Chief Operating Officer [***] BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000‑2207 XXX-XX-00000-XX-0000000 Xxxxxxxxx Airlines Co. 0000 Xxxx Xxxxx Xxxxx X.X. Xxx 00000 Xxxxxx, Xxxxx 00000-0000 6-1165-CKR-1447 Xiamen Airlines 00 Xxxxxxx Xxxx Xxxxxx, 000000 Xxxxxx Xxxxxxxx People’s Republic of China Subject: Aircraft Performance Guarantees [***] Reference: Purchase Agreement No. 3323 PA-03729 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen Southwest Airlines Co. (Customer) relating to Model 737-85C 8 aircraft (the Aircraft) This letter agreement (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. Boeing agrees to provide Customer with the performance guarantees in the Attachment These guarantees are exclusive and expire upon delivery of the Aircraft to Customer. Boeing and Customer understand that certain information contained in this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law.

Appears in 1 contract

Samples: Letter Agreement (Southwest Airlines Co)

Confidential Treatment. Customer understands that Boeing considers certain commercial and Customer understand that certain financial information contained in this Letter Agreement is considered to be as confidential. The parties Each of Customer and Boeing agree that they it will treat this Letter Agreement and the information contained herein as confidential confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and will not, who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the other partyforegoing, Customer may disclose this Letter Agreement or any information contained and the terms and conditions herein to any other person or entity exceptits parent company, (1) FedEx Corporation, to those the Board of their respective legal counselDirectors of its parent corporation, auditorsFedEx Corporation, accountantsto its professional advisors under a duty of confidentiality with respect thereto, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law. P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY Xiamen Airlines 6* Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-1165-CKR-1446 K because it (i) is not material and (ii) would likely cause competitive harm to FedEx if publicly disclosed. Very truly yours, THE BOEING COMPANY By /s/ Xxxxxxxxx X. Xxxxxx Xxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: April 18June 25, 2008 XIAMEN AIRLINES 2020 FEDERAL EXPRESS CORPORATION By /s/ Xxxx Xxxxx Hua X. Xxxxxxxx Its P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay Vice President BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 6FED-1165PA-03712-CKR-1447 Xiamen Airlines 00 Xxxxxxx Xxxx XxxxxxLA-1106156R5 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxxxxx, 000000 Xxxxxx Xxxxxxxx People’s Republic of China XX 00000 Subject: Option Aircraft Performance Guarantees Reference: Purchase Agreement No. 3323 3712 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen Airlines Federal Express Corporation (Customer) relating to Model 737767-85C 3S2F aircraft (the Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. In addition, this Letter Agreement cancels and supersedes FED-PA-03712-LA-1106156R4 in its entirety. All terms used but not defined in this Letter Agreement will have the same meaning as in the Purchase Agreement. Boeing agrees to provide Customer with the performance guarantees in the Attachment These guarantees are exclusive and expire upon delivery of the Aircraft to Customer. Boeing and Customer understand that certain information contained in this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law.

Appears in 1 contract

Samples: Letter Agreement (Fedex Corp)

Confidential Treatment. Customer understands that Boeing considers certain commercial and Customer understand that certain financial information contained in this Letter Agreement is considered to be business consideration as confidential. The parties Each of Customer and Boeing agree that they it will treat this Letter Agreement business consideration and the information contained herein as confidential confidential. Customer agrees to limit the disclosure of the contents of this business consideration to employees of Customer with a need to know and will not, who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the other partyforegoing, Customer may disclose this Letter Agreement or any information contained business consideration and the terms and conditions herein to any other person or entity exceptits parent company, (1) FedEx Corporation, to those the Board of their respective legal counselDirectors of its parent corporation, auditorsFedEx Corporation, accountantsto its professional advisors under a duty of confidentiality with respect hereto, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of law. BOEING PROPRIETARY SA-30 *Blank spaces contained confidential information which might be detrimental has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the interest Securities Exchange Act of either of the parties1934, or (4) as may be required by applicable lawamended. P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY Xiamen Airlines 6-1165-CKR-1446 Very truly yours, THE BOEING COMPANY FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxxxx L. Xxxxxxx Xxxxxx By /s/ Xxxxxxx X. Xxxxxx Xxxx Its Attorney-In-Fact Its Vice President Aircraft Acquisitions & Planning and Performance ACCEPTED AND AGREED TO this Date: April June 18, 2008 XIAMEN AIRLINES By /s/ Xxxx Xxxxx Hua Its P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY 2018 SA-30 The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 6FED-1165PA-3157-CKR-1447 Xiamen Airlines 00 Xxxxxxx LA-1802894 FedEx contract # Federal Express Corporation 0000 Xxxxxxxx Xxxx XxxxxxXxxxxxx, 000000 Xxxxxx Xxxxxxxx People’s Republic of China XX 00000 Subject: Special Matters for Block E Aircraft Performance Guarantees ReferenceReferences: Purchase Agreement No. 3323 3157 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen Airlines Federal Express Corporation (Customer) relating to Model 737777-85C FREIGHTER aircraft (the Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement have the same meaning as in the Purchase Agreement. Boeing agrees to provide Customer with the performance guarantees in the Attachment These guarantees are exclusive and expire upon delivery The terms of the Aircraft to Customer. Boeing and Customer understand that certain information contained in this Letter Agreement is considered apply to be confidential. The parties agree that they will treat this Letter Agreement Block E1 Aircraft in Table 1-E1 and the information contained herein as confidential and will notBlock E2 Aircraft in Table 1-E2 (collectively, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable lawBlock E Aircraft).

Appears in 1 contract

Samples: Letter Agreement (Fedex Corp)

Confidential Treatment. Boeing and Customer understand that certain information contained in this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as represents confidential business information and has value precisely because it is not available generally or to other parties. Customer will notlimit the disclosure of its contents to (i) employees of Customer and (ii) advisors, including legal advisors, each with a need to know the contents for purposes of helping Customer perform its obligations under the Purchase Agreement and who understand they are not to disclose its contents to any other person or entity without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable lawBoeing. P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY Xiamen Airlines 6-1165-CKR-1446 Very truly yours, THE BOEING COMPANY By /s/ Xxxxxxxxx Xxxxxx X. Xxxxxx Xxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: April 18, 2008 XIAMEN AIRLINES 2014 AVOLON AEROSPACE LEASING LIMITED By /s/ Xxxx Xxxxx Hua Xxxxx Its P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay Authorised Signatory BOEING PROPRIETARY VLS-PA-03815-LA-0000000X0 Avolon Aerospace Leasing Limited The Boeing Company X.X. Xxx 0000 XxxxxxxOval, XX 00000-0000 6-1165-CKR-1447 Xiamen Airlines 00 Building 0 Xxxxxxxxxx Xxxx Xxxxxxxxxxx, Xxxxxx 0 Xxxxxxx Xxxx Xxxxxx, 000000 Xxxxxx Xxxxxxxx People’s Republic of China Subject: Aircraft Performance Guarantees Assignment of Customer’s Interest for Securing Advance Payment Financing Reference: Purchase Agreement No. 3323 PA-03815 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen Airlines Avolon Aerospace Leasing Limited (Customer) relating to Model 737-85C 8 and 737-9 aircraft (the Aircraft) This letter agreement (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. Boeing agrees to provide Customer with This Letter Agreement sets forth the performance guarantees in the Attachment These guarantees are exclusive rights and expire upon delivery of the Aircraft to Customer. obligations between Boeing and Customer understand that in the event of Customer’s desire to assign certain information contained in of its rights and interests under the Purchase Agreement for the purpose of securing advance payment financing. The terms of this Letter Agreement is considered to be confidential. The parties agree that they will treat prevail in the event of any conflict between this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent any provision of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law.

Appears in 1 contract

Samples: Supplemental Agreement (Avolon Holdings LTD)

Confidential Treatment. Customer understands that Boeing considers certain commercial and Customer understand that certain financial information contained in this Letter Agreement is considered to be as confidential. The parties Each of Customer and Boeing agree that they it will treat this Letter Agreement and the information contained herein as confidential confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and will not, who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the other partyforegoing, Customer may disclose this Letter Agreement or any information contained and the terms and conditions herein to any other person or entity exceptits parent company, (1) FedEx Corporation, to those the Board of their respective legal counselDirectors of its parent corporation, auditorsFedEx Corporation, accountantsto its professional advisors under a duty of confidentiality with respect thereto, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law. P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY Xiamen Airlines 6-1165-CKR-1446 Very truly yours, THE BOEING COMPANY By /s/ Xxxxxxxxx XXXXXX X. Xxxxxx XXXX Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: April 18June 29, 2008 XIAMEN AIRLINES 2012 FEDERAL EXPRESS CORPORATION By /s/ Xxxx Xxxxx Hua XXXXXXX X. XXXX Its P.A. No. 3323 Liquidated_Damages_NonVice President Aircraft Acquisition FED-Excusable_Delay PA-03712-LA-1106154R1 June 29, 2012 BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 6FED-1165PA-03712-CKR-1447 Xiamen Airlines 00 Xxxxxxx LA-1106584R1 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxx XxxxxxXxxxxxx, 000000 Xxxxxx Xxxxxxxx People’s Republic of China XX 00000 Subject: Aircraft Performance Guarantees ReferenceReferences: Purchase Agreement No. 3323 3712 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen Airlines Federal Express Corporation (Customer) relating to Model 737767-85C 3S2F firm aircraft listed on Table 1-A or as otherwise agreed by boeing and customer in writing (the Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. In addition, this Letter Agreement cancels and supersedes FED-PA-03712-LA-1106584 in its entirety. All terms used but not defined in this Letter Agreement shall have the same meaning as in the Purchase Agreement. Boeing agrees to provide Customer with the performance guarantees in the Attachment Attachment. These guarantees are exclusive and expire upon delivery of the Aircraft to Customer. Customer agrees to limit the remedy for non-compliance of any performance guarantee to the terms in Letter Agreements No. FED-PA-03712-LA-1106153 entitled “Liquidated Damages – Non-Excusable Delay” and FED-PA-03712-LA-1106574 entitled “Agreement for Deviation from [*].” Confidential Treatment. Customer understands that Boeing considers certain commercial and Customer understand that certain financial information contained in this Letter Agreement is considered to be as confidential. The parties Each of Customer and Boeing agree that they it will treat this Letter Agreement and the information contained herein as confidential confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and will not, who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the other partyforegoing, Customer may disclose this Letter Agreement or any information contained and the terms and conditions herein to any other person or entity exceptits parent company, (1) FedEx Corporation, to those the Board of their respective legal counselDirectors of its parent corporation, auditorsFedEx Corporation, accountantsto its professional advisors under a duty of confidentiality with respect thereto, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by law. * Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (i) not material and (ii) the rules of any stock market applicable type that FedEx treats as private or confidential. FED-PA-03712-LA-1106584R1 June 29, 2012 Aircraft Performance Guarantees Page 1 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ XXXXXX X. XXXX Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: June 29, 2012 FEDERAL EXPRESS CORPORATION By /s/ XXXXXXX X. XXXX Its Vice President Aircraft Acquisition FED-PA-03712-LA-1106584R1 June 29, 2012 BOEING PROPRIETARY Attachment to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law.Letter Agreement No. FED-PA-03712-LA-1106584R1 CF6-80C2B6F Engines Page 1 MODEL 767-300 FREIGHTER PERFORMANCE GUARANTEES FOR FEDERAL EXPRESS CORPORATION SECTION CONTENTS 1 AIRCRAFT MODEL APPLICABILITY 2 FLIGHT PERFORMANCE 3 MANUFACTURER’S EMPTY WEIGHT 4 SOUND LEVELS 5 AIRCRAFT CONFIGURATION 6 GUARANTEE CONDITIONS 7 GUARANTEE COMPLIANCE

Appears in 1 contract

Samples: Supplemental Agreement (Fedex Corp)

Confidential Treatment. Boeing and Customer understand understands that certain commercial and financial information contained in this Letter Agreement is are considered to be by Boeing as confidential. The parties agree Customer agrees that they it will treat this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent of the other partyBoeing, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable lawentity. P.A. No. 3323 Liquidated_Damages_NonCEA-Excusable_Delay PA-03746-LA-1207193 Payment Matters LA Page 2 BOEING PROPRIETARY Xiamen Airlines 6-1165-CKR-1446 Very truly yours, THE BOEING COMPANY By /s/ Xxxxxxxxx Rxxxx X. Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: April 18CHINA EASTERN AIRLINES CORPORATION, 2008 XIAMEN AIRLINES LTD. By /s/ Xxxx Xxxxx Hua Its P.A. No. 3323 Liquidated_Damages_NonCHINA EASTERN AVIATION IMPORT & EXPORT CORPORATION By Its CEA-Excusable_Delay PA-03746-LA-1207193 Payment Matters LA Page 3 BOEING PROPRIETARY The Boeing Company X.X. P.X. Xxx 0000 Xxxxxxx, XX 00000-0000 6CXX-1165XX-00000-CKR-1447 Xiamen XX-0000000 Xxxxx Eastern Airlines 00 Xxxxxxx Corporation, Ltd. 2000 Xxxxxxxx Xxxx Xxxxxx, XXXXXXXX 000000 Xxxxxx Xxxxxxxx People’s Republic of China PEOPLE’S REPUBLIC OF CHINA Subject: Aircraft Performance Guarantees Installation of Cabin Systems Equipment Reference: Purchase Agreement No. 3323 PA-03746 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen China Eastern Airlines Corporation, Ltd. (Customer) relating to Model 737777-85C 300ER aircraft (the Aircraft) This letter agreement (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. Customer has requested that Boeing agrees to provide Customer with the performance guarantees install in the Aircraft the in-flight entertainment and cabin communications systems (IFE/CCS) described in Attachment These guarantees are exclusive A to this Letter Agreement. Because of the complexity of the IFE/CCS, special attention and expire upon delivery additional resources will be required during the development, integration, certification, and manufacture of the Aircraft to Customer. Boeing and Customer understand that certain information contained in this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent achieve proper operation of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those IFE/CCS at the time of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing delivery of the purchase Aircraft. To assist Customer, Boeing will perform the functions of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, project manager (3Project Manager) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law.set forth in Attachment B.

Appears in 1 contract

Samples: Letter Agreement (China Eastern Airlines Corp LTD)

Confidential Treatment. Customer understands that Boeing considers certain commercial and Customer understand that certain financial information contained in this Letter Agreement is considered to be as confidential. The parties Each of Customer and Boeing agree that they it will treat this Letter Agreement and the information contained herein as confidential confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and will not, who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the other partyforgoing, Customer may disclose this Letter Agreement or any information contained and the terms and conditions herein to any other person or entity exceptits parent company, (1) FedEx Corporation, to those the Board of their respective legal counselDirectors of its parent corporation, auditorsFedEx Corporation, accountantsto its professional advisors under a duty of confidentiality with respect hereto, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law. P.A. No* Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY Xiamen Airlines 6-1165-CKR-1446 Very truly yours, THE BOEING COMPANY By /s/ Xxxxxxxxx XXXXXX X. Xxxxxx XXXX Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: April 18December 14, 2008 XIAMEN AIRLINES 2011 Federal Express Corporation By /s/ Xxxx Xxxxx Hua XXXXXXX X. XXXX Its P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay Vice President BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 6FED-1165PA-03712-CKR-1447 Xiamen Airlines 00 Xxxxxxx LA-1106155 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxx XxxxxxXxxxxxx, 000000 Xxxxxx Xxxxxxxx People’s Republic of China XX 00000 Subject: Aircraft Performance Guarantees Open Configuration Matters Reference: Purchase Agreement No. 3323 3712 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen Airlines Federal Express Corporation (Customer) relating to Model 737767-85C 3S2F aircraft (the Aircraft) This letter agreement (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. Boeing agrees to provide Customer with the performance guarantees in the Attachment These guarantees are exclusive and expire upon delivery of the Aircraft to Customer. Boeing and Customer understand that certain information contained in this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law.

Appears in 1 contract

Samples: Letter Agreement (Fedex Corp)

Confidential Treatment. Customer understands that Boeing considers certain commercial and Customer understand that certain financial information contained in this Letter Agreement is considered to be as confidential. The parties Each of Customer and Boeing agree that they it will treat this Letter Agreement and the information contained herein as confidential confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and will not, who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the other partyforgoing, Customer may disclose this Letter Agreement or any information contained and the terms and conditions herein to any other person or entity exceptits parent company, (1) FedEx Corporation, to those the Board of their respective legal counselDirectors of its parent corporation, auditorsFedEx Corporation, accountantsto its professional advisors under a duty of confidentiality with respect hereto, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law. P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY Xiamen Airlines 6-1165-CKR-1446 Very truly yours, THE BOEING COMPANY By /s/ Xxxxxxxxx X. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: April 18July 21, 2008 XIAMEN AIRLINES 2015 Federal Express Corporation By /s/ Xxxxxxx X. Xxxx Xxxxx Hua Its P.A. No. 3323 Liquidated_Damages_NonVice President FED-Excusable_Delay PA-03712-LA-1106177R1 SA-6 BOEING PROPRIETARY * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 6FED-1165PA-03712-CKR-1447 Xiamen Airlines 00 Xxxxxxx LA-0000000X0 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxx XxxxxxXxxxxxx, 000000 Xxxxxx Xxxxxxxx People’s Republic of China XX 00000 Subject: Aircraft Performance Guarantees Agreement for Deviation from the [*] Reference: Purchase Agreement No. 3323 3712 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen Airlines Federal Express Corporation (Customer) relating to Model 737767-85C 3S2 Freighter firm aircraft (the Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. In addition, this Letter Agreement cancels and supersedes FED-PA-03712-LA-06574 in its entirety. All terms used but not defined in this Letter Agreement shall have the same meaning as in the Purchase Agreement. Boeing agrees The Attachment to provide Customer with the Letter Agreement No FED-PA-03712-LA-1106584R4 contains performance guarantees in the Attachment These guarantees are exclusive and expire upon delivery of the Aircraft to Customer(Performance Guarantees). Boeing and Customer understand that certain information contained in this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market [*] applicable to the parties on condition Aircraft in accordance with such Performance Guarantees. Boeing offers the following items in the event that the party wishing guarantee compliance report furnished to make such disclosure shall first use reasonable efforts Customer for any Aircraft pursuant to seek relief from the risk of disclosure to competitors or others with whom either Article 5.4 of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable lawAGTA shows [*].

Appears in 1 contract

Samples: Letter Agreement (Fedex Corp)

Confidential Treatment. Boeing and Customer understand understands that certain commercial and financial information contained in this Letter Agreement is and any attachment(s) hereto are considered to be by Boeing as confidential. The parties agree Customer agrees that they it will treat this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent of the other partyBoeing, disclose this Letter Agreement or any information contained herein to any other person or entity except, except as required (1i) by applicable law or governmental regulation; (ii) for disclosures to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft employees and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, professional consultants and advisers; or (4iii) as may be required by applicable lawfor financing the Aircraft in accordance with the provisions of Article 9 of AGTA-CQT. P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY Xiamen Airlines 6-1165-CKR-1446 Very truly yours, THE BOEING COMPANY By /s/ Xxxxxxxxx Xxxxx X. Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: April 18July 3, 2008 XIAMEN AIRLINES 2003 AIRTRAN AIRWAYS, INC. By /s/ Xxxx Xxxxx Hua Xxxxxxx X. Xxxxxxx Its P.A. NoSr. 3323 Liquidated_Damages_NonV.P. Table 1 to Letter Agreement 6-Excusable_Delay BOEING PROPRIETARY The Boeing Company X.X. Xxx 1162-SSM-2326 Model 737-700 Purchase Right Aircraft Description, Price and Advance Payments *** *** Represents material which has been redacted and filed separately with the Commission pursuant to a request for confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. AirTran Airways, Inc. 0000 XxxXxxx Xxxxxxxxx Xxxxxxx, XX 00000-0000 6-1165-CKR-1447 Xiamen Airlines 00 Xxxxxxx Xxxx Xxxxxx, 000000 Xxxxxx Xxxxxxxx People’s Republic of China 00000 Subject: Option Aircraft Performance Guarantees Reference: Purchase Agreement No. 3323 2444 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen Airlines AirTran Airways, Inc. (Customer) relating to Model 737-85C 7BD aircraft (the Aircraft) This letter agreement (Letter Agreement) Agreement amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement have the same meaning as in the Purchase Agreement. Boeing agrees to provide manufacture and sell to Customer twenty-five (25) additional Model 737-700 aircraft as Option Aircraft. Delivery positions are offered at the rate of up to three per quarter, with positions in calendar years 2005, 2006, 2007 and 2008 as shown in the performance guarantees Attachment. The terms and conditions applicable to the option aircraft will be included in the definitive purchase agreement for the Aircraft. The delivery quarters, number of aircraft, Advance Payment Base Price per aircraft and advance payment schedule are listed in the Attachment These guarantees are exclusive and expire upon delivery of the Aircraft to Customer. Boeing and Customer understand that certain information contained in this Letter Agreement is considered to be confidentialAgreement. The parties agree that they will treat this Letter Agreement and Airframe Price shown includes the information contained herein as confidential and will not, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable lawEngine Price.

Appears in 1 contract

Samples: Letter Agreement (Airtran Airways Inc)

Confidential Treatment. Boeing Customer understands and Customer understand agrees that certain information contained in this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as represents confidential business information of Boeing and will nothas value precisely because it is not available generally or to other parties. Customer agrees to limit the disclosure of its contents to (a) its directors and officers, (b) employees of Customer with a need to know the contents for performing its obligations (including, without limitation, those employees performing accounting, finance, administration and other functions necessary to finance and purchase, deliver or lease the Aircraft) and who understand they are not to disclose its contents to any other person or entity (other than those to whom disclosure is permitted by this paragraph 7), without the prior written consent of the other party, disclose this Letter Agreement or Boeing and (c) any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountantsfinancial advisors, insurance brokers attorneys and other advisers independent contractors of Customer who have a need to know such information and have signed a confidentiality agreement in the information same form and substance similar to this paragraph 7. Customer shall be fully responsible to Boeing for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to compliance with such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable lawobligations. P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY Xiamen Airlines 6-1165-CKR-1446 Very truly yours, THE BOEING COMPANY By /s/ Xxxxxxxxx X. Xxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: April 18February 27, 2008 XIAMEN AIRLINES 2013 AIR LEASE CORPORATION By /s/ Xxxx Xxxxx Hua Xxxxxxx X. Xxxxxx Its P.A. NoSenior Vice President and Chief Financial Officer * Confidential material omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. 3323 Liquidated_Damages_NonHAZ-Excusable_Delay PA-03658-LA-1300238 SA-5 [*] LA Page 3 BOEING PROPRIETARY The Boeing Company X.X. HAZ-PA-03658-LA-1300258 Air Lease Corporation 0000 Xxxxxx xx xxx Xxxxx, Xxxxx 0000X Xxx 0000 Xxxxxxx, XX 00000-0000 6-1165-CKR-1447 Xiamen Airlines 00 Xxxxxxx Xxxx Xxxxxx, 000000 Xxxxxx Xxxxxxxx People’s Republic of China 00000 Subject: Aircraft Performance Guarantees [*] Reference: Purchase Agreement No. 3323 PA-03658 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen Airlines Air Lease Corporation (Customer) relating to Model 737777-85C 300ER aircraft (the Aircraft) This letter agreement (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. Boeing agrees to provide Customer with the performance guarantees in the Attachment These guarantees are exclusive and expire upon delivery of the Aircraft to Customer. Boeing and Customer understand that certain information contained in this This Letter Agreement is considered applies only to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein ten (10) Block B Aircraft identified in Table 1B to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat Agreement (the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable lawBlock B Aircraft).

Appears in 1 contract

Samples: Letter Agreement (Air Lease Corp)

Confidential Treatment. Boeing and Customer understand understands that certain commercial and financial information contained in this Letter Agreement /and attachment(s) hereto is considered to be by Boeing as confidential. The parties agree Customer agrees that they it will treat this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent of the other partyBoeing, disclose this Letter Agreement or any information contained herein to any other person or entity except, entity. * Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (1i) to those of their respective legal counsel, auditors, accountants, insurance brokers not material and other advisers who have a need to know (ii) the information for purposes of interpreting Customer’s rights type that FedEx treats as private or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law. P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY Xiamen Airlines 3157 (SA # 4) 777BCF Federal Express Corporation 6-11651162-CKR-1446 RCN-1798R1 Supplemental Agreement No. 4 If the foregoing correctly sets forth your understanding of our agreement with respect to matters described above, please indicate your acceptance and approval below. Very truly yours, THE BOEING COMPANY By /s/ Xxxxxxxxx XXXXXXX X. Xxxxxx XXXX Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: April 18January 9, 2008 XIAMEN AIRLINES 2009 FEDERAL EXPRESS CORPORATION By /s/ Xxxx Xxxxx Hua XXXXXXX X. XXXX Its Vice President — Aircraft Acquisitions/SAO P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 3157 (SA # 4) 777BCF 6-11651162-CKR-1447 Xiamen Airlines 00 RRO-1062 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxxxxx Xxxx Xxxxxx, 000000 Xxxxxx Xxxxxxxx People’s Republic of China XX 00000 Subject: Option Aircraft Performance Guarantees Reference: Purchase Agreement No. 3323 3157 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen Airlines Federal Express Corporation (Customer) relating to Model 737777-85C FREIGHTER aircraft (the Aircraft) This letter agreement (Letter Agreement) Agreement amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement have the same meaning as in the Purchase Agreement. Subject to Customer’s exercise of the options granted hereunder, Boeing agrees to provide manufacture and sell to Customer with the performance guarantees additional Model 777-FREIGHTER aircraft as Aircraft. The delivery months, number of aircraft, Advance Payment Base Price per aircraft and advance payment schedule are listed in the Attachment These guarantees are exclusive and expire upon delivery of the Aircraft to Customer. Boeing and Customer understand that certain information contained in this Letter Agreement is considered to be confidentialAgreement. The parties agree that they will treat this Letter Agreement and Airframe Price shown includes the information contained herein as confidential and will not, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable lawEngine Price.

Appears in 1 contract

Samples: Letter Agreement (Fedex Corp)

Confidential Treatment. Customer and Boeing and Customer understand that certain commercial and financial information contained in this Letter Agreement is are considered to be confidential. The parties agree that they will treat this Letter Agreement by Boeing and the information contained herein Customer as confidential and will not, without are subject to the prior written consent of the other party, disclose this terms and conditions set forth in Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law. P.A. No. 3323 Liquidated_Damages_NonUAL-Excusable_Delay BOEING PROPRIETARY Xiamen Airlines 6-1165-CKR-1446 PA-03776- LA-1208234. Very truly yours, THE BOEING COMPANY By By: /s/ Xxxxxxxxx Irma X. Xxxxxx Its Xxxxxxx Its: Attorney-In-Fact UAL-PA-03776-LA-1801367 SA-10 Loading of Customer Software Page 2 BOEING / UNITED AIRLINES, INC. PROPRIETARY ACCEPTED AND AGREED TO this Date: April 18May 15, 2008 XIAMEN AIRLINES By 2018 UNITED AIRLINES, INC. By: /s/ Xxxx Xxxxx Hua Its P.A. NoGeraxx Xxxxxxxx Its: Senior Vice President Finance, Procurement and Treasurer UAL-PA-03776-LA-1801367 SA-10 Loading of Customer Software Page 3 BOEING / UNITED AIRLINES, INC. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 XxxxxxxCompanyP.O. Box 0000Xxxxxxx, XX 0000000000‑0007 UAL-0000 6PA-03776-1165-CKR-1447 Xiamen Airlines 00 Xxxxxxx Xxxx XxxxxxLA-1801619 United Airlines, 000000 Inc. 233 Xxxxx Xxxxxx Xxxxxxxx People’s Republic of China Xxxxx Chicago, Illinois 60606 Subject: Aircraft Performance Guarantees Installation of Cabin Systems Equipment Reference: Purchase Agreement No. 3323 03776 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen Airlines United Airlines, Inc. (Customer) relating to Model 737-85C 737 *** aircraft (the Aircraft) This letter agreement (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. Customer has requested that Boeing agrees to provide Customer with the performance guarantees install in the Aircraft the In-Flight Entertainment and communications systems (collectively referred to as Cabin Systems Equipment or CSE) described in (i) Attachment These guarantees are exclusive and expire upon delivery of the Aircraft A1 to Customer. Boeing and Customer understand that certain information contained in this Letter Agreement is considered for the 737-*** Aircraft and (ii) Attachment A2 to be confidential. The parties agree that they will treat this Letter Agreement for the 737-*** Aircraft (Attachments A1 and the information contained A2 collectively referred to herein as confidential Attachment A). CSE is BFE that Boeing purchases for Customer and will not, without that is identified in the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank Detail Specification for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable lawAircraft.

Appears in 1 contract

Samples: Supplemental Agreement (United Airlines, Inc.)

Confidential Treatment. Customer and Boeing and Customer understand that certain commercial and financial information contained in this Letter Agreement is are considered to be confidential. The parties agree that they will treat this Letter Agreement by Boeing and the information contained herein Customer as confidential and will not, without are subject to the prior written consent of the other party, disclose this terms and conditions set forth in Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law. P.A. No. 3323 Liquidated_Damages_NonUAL-Excusable_Delay BOEING PROPRIETARY Xiamen Airlines 6PA-04761-1165-CKR-1446 LA-1801470. Very truly yours, THE BOEING COMPANY By By: /s/ Xxxxxxxxx Ixxx X. Xxxxxx Its Xxxxxxx Its: Attorney-Inin-Fact UAL-PA-04761-LA-1801475Loading of Customer Software Page 1 BOEING/UNITED AIRLINES, INC. PROPRIETARY ACCEPTED AND AGREED TO this Date: April 18May 15, 2008 XIAMEN AIRLINES 2018 UNITED AIRLINES, INC. By /s/ Xxxx Xxxxx Hua Gxxxxx Xxxxxxxx Its P.A. NoSenior Vice President Finance, Procurement and Treasurer UAL-PA-04761-LA-1801475Loading of Customer Software Page 2 BOEING/UNITED AIRLINES, INC. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY The Boeing Company X.X. P.X. Xxx 0000 Xxxxxxx, XX 00000-0000 6UAL-1165PA-04761-CKR-1447 Xiamen Airlines 00 Xxxxxxx Xxxx XxxxxxLA-1801476 United Airlines, 000000 Inc. 200 Xxxxx Xxxxxx Xxxxxxxx People’s Republic of China Xxxxx Chicago, Illinois 60606 Subject: Aircraft Performance Guarantees Installation of Cabin Systems Equipment Reference: Purchase Agreement No. 3323 04761 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen Airlines United Airlines, Inc. (Customer) relating to Model 737-85C 737 MAX aircraft (the Aircraft) This letter agreement (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. Customer has requested that Boeing agrees to provide Customer with the performance guarantees install in the Aircraft the In-Flight Entertainment and communications systems (collectively referred to as Cabin Systems Equipment or CSE) described in Attachment These guarantees are exclusive and expire upon delivery of the Aircraft A to Customer. Boeing and Customer understand that certain information contained in this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of 700-00 Xxxxxxxx (Xxxxxxxxxx X). CSE is BFE that Boeing purchases for Customer and that is identified in the purchase of such Aircraft and subject to such bank’s written agreement that it will treat Detail Specification for the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable lawAircraft.

Appears in 1 contract

Samples: General Terms Agreement (United Airlines, Inc.)

Confidential Treatment. Customer understands that Boeing considers certain commercial and Customer understand that certain financial information contained in this Letter Agreement is considered to be as confidential. The parties Each of Customer and Boeing agree that they it will treat this Letter Agreement and the information contained herein as confidential confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and will not, who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the other partyforgoing, Customer may disclose this Letter Agreement or any information contained and the terms and conditions herein to any other person or entity exceptits parent company, (1) FedEx Corporation, to those the Board of their respective legal counselDirectors of its parent corporation, auditorsFedEx Corporation, accountantsto its professional advisors under a duty of confidentiality with respect hereto, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of law. * Blank spaces contained confidential information which might be detrimental has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the interest Securities Exchange Act of either of the parties1934, or (4) as may be required by applicable lawamended. P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY Xiamen Airlines 6-1165-CKR-1446 Very truly yours, THE BOEING COMPANY By /s/ Xxxxxxxxx XXXXXX X. Xxxxxx XXXX Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: April 18December 14, 2008 XIAMEN AIRLINES 2011 Federal Express Corporation By /s/ Xxxx Xxxxx Hua XXXXXXX X. XXXX Its P.A. NoVice President * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 6FED-1165PA-03712-CKR-1447 Xiamen Airlines 00 Xxxxxxx LA-1106207 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxx XxxxxxXxxxxxx, 000000 Xxxxxx Xxxxxxxx People’s Republic of China XX 00000 Subject: Special Matters for Firm Aircraft Performance Guarantees Reference: Purchase Agreement No. 3323 PA-3712 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen Airlines Federal Express Corporation (Customer) relating to Model 737767-85C 3S2F aircraft (the Aircraft) This letter agreement (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. Boeing agrees to provide Customer with the performance guarantees in the Attachment These guarantees are exclusive and expire upon delivery of the Aircraft to Customer. Boeing and Customer understand that certain information contained The credit memorandum provided for in this Letter Agreement is considered to will be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either Aircraft identified in Table 1-A of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable lawPurchase Agreement only.

Appears in 1 contract

Samples: Aircraft General Terms Agreement (Fedex Corp)

Confidential Treatment. Boeing and Customer understand that certain information contained in this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as represents confidential business information and has value precisely because it is not available generally or to other parties. Customer will not, limit the disclosure of its contents to employees of Customer with a need to know the contents for purposes of helping Customer perform its obligations under the Purchase Agreement and who understand they are not to disclose its contents to any other person or entity without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable lawBoeing. P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY Xiamen Airlines 6-1165-CKR-1446 Very truly yours, THE BOEING COMPANY By /s/ Xxxxxxxxx Xxxxx X. Xxxxxx Xxxxxxx Xxxxx X. Xxxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: April 18September 7th, 2008 XIAMEN AIRLINES 2014 Aviation Finance and Leasing S.à.x.x. By /s/ Xxxx Xxxxx Hua Xxxxxx Xxxxxx Xxxxxx Xxxxxx Its P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay Director [****]=[CONFIDENTIAL PORTION HAS BEEN OMITTED BECAUSE IT (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED] [***] BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 XxxxxxxAttachment A to Letter Agreement XLR-PA-04258-LA-1402900 [***] [****]=[CONFIDENTIAL PORTION HAS BEEN OMITTED BECAUSE IT (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED] [***] BOEING PROPRIETARY XLR-PA-04258-LA-1402904 Aviation Finance and Leasing S.à.x.x. 00, XX 00000-0000 6-1165-CKR-1447 Xiamen Airlines 00 Xxxxxx Xxxxxxx Xxxx Xxxxxx, 000000 Xxxxxx Xxxxxxxx People’s Republic of China X-0000 Xxxxxxxxxx Subject: Aircraft Performance Guarantees Reference: Purchase Agreement No. 3323 PA-04258 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen Airlines Aviation Finance and Leasing S.à.x.x. (Customer) relating to Model 737-85C 737 MAX X aircraft (the Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement will have the same meaning as in the Purchase Agreement. Boeing agrees to provide Customer with the performance guarantees in the Attachment Attachment. These guarantees are exclusive and expire upon delivery of the Aircraft to Customer. Boeing and Customer understand that certain information contained in this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law.

Appears in 1 contract

Samples: Letter Agreement (Ryanair Holdings PLC)

Confidential Treatment. Customer understands that Boeing considers certain commercial and Customer understand that certain financial information contained in this Letter Agreement is considered to be as confidential. The parties Each of Customer and Boeing agree that they it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the foregoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect thereto, and as required by law. BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: September 29, 2014 FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxx X. Xxxx Its Vice President Aircraft Acquisition Attachments A, B and C FED-PA-03712-LA-1208292R1 September 23, 2014 BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 Federal Express Corporation 0000 Xxxxxxxx Xxxx Xxxxxxx, XX 00000 Subject: [*] References: (a) Customer Services General Terms Agreement No. S2-2 (CSGTA) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) (b) Supplemental Agreement No. 5 to Purchase Agreement No. PA-3712 (Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Model 767-3S2F aircraft (Aircraft) [*] Customer understands that Boeing considers certain commercial and financial information contained in this offer as confidential. Customer agrees that it will treat this offer and the information contained herein as confidential and will not, without the prior written consent of the other partyBoeing, disclose this Letter Agreement offer or any information contained herein to any other person or entity exceptwithout the written consent of Boeing. Please sign and return this offer on or before September 30, 2014, the date on which this offer will otherwise expire. * Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (1i) to those of their respective legal counselnot material and (ii) the type that FedEx treats as private or confidential. FED-LA-1403577 September 23, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law. P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay 2014 BOEING PROPRIETARY Xiamen Airlines 6-1165-CKR-1446 Very truly yoursAGREED AND ACCEPTED this September 29, 2014 Date THE BOEING COMPANY By FEDERAL EXPRESS CORPORATION /s/ Xxxxxxxxx L. Xxxxxxx Xxxxxx /s/ Xxxxxxx X. Xxxx Signature Signature /s/ L. Xxxxxxx Xxxxxx Its /s/ Xxxxxxx X. Xxxx Printed name Printed name Attorney-Inin-Fact ACCEPTED AND AGREED TO Vice President Title Title * Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. Omitted Attachments Certain attachments to this Date: April 18, 2008 XIAMEN AIRLINES By /s/ Xxxx Xxxxx Hua Its P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY exhibit regarding delivery and pricing of certain B767F aircraft manufactured by The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000for FedEx have been omitted pursuant to Item 601(a)(5) of Regulation S-0000 6-1165-CKR-1447 Xiamen Airlines 00 Xxxxxxx Xxxx Xxxxxx, 000000 Xxxxxx Xxxxxxxx People’s Republic of China Subject: Aircraft Performance Guarantees Reference: Purchase Agreement No. 3323 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen Airlines (Customer) relating to Model 737-85C aircraft (the Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement have the same meaning as in the Purchase Agreement. Boeing agrees to provide Customer with the performance guarantees in the Attachment These guarantees are exclusive and expire upon delivery of the Aircraft to Customer. Boeing and Customer understand that certain information contained in this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and K because the information contained herein as confidential therein is not material and is not otherwise publicly disclosed. FedEx will not, without the prior written consent furnish supplementally copies of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable these attachments to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors Securities and Exchange Commission or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the partiesits staff upon request. FED-LA-1403577 September 23, or (4) as may be required by applicable law.2014

Appears in 1 contract

Samples: Supplemental Agreement (Fedex Corp)

Confidential Treatment. Customer understands that Boeing considers certain commercial and Customer understand that certain financial information contained in this Letter Agreement is considered to be as confidential. The parties Each of Customer and Boeing agree that they it will treat this Letter Agreement and the information contained herein as confidential confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and will not, who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the other partyforegoing, Customer may disclose this Letter Agreement or any information contained and the terms and conditions herein to any other person or entity exceptits parent company, (1) FedEx Corporation, to those the Board of their respective legal counselDirectors of its parent corporation, auditorsFedEx Corporation, accountantsto its professional advisors under a duty of confidentiality with respect thereto, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law. P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY Xiamen Airlines 6-1165-CKR-1446 Very truly yours, THE BOEING COMPANY By /s/ Xxxxxxxxx XXXXXX X. Xxxxxx XXXX Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: April 18June 29, 2008 XIAMEN AIRLINES 2012 FEDERAL EXPRESS CORPORATION By /s/ Xxxx Xxxxx Hua XXXXXXX X. XXXX Its P.A. NoVice President Aircraft Acquisition Attachments A, B and C * Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. 3323 Liquidated_Damages_NonFED-Excusable_Delay PA-03712-LA-1106151R1 June 29, 2012 BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 6FED-1165PA-03712-CKR-1447 Xiamen Airlines 00 Xxxxxxx Xxxx XxxxxxLA-1208292 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxxxxx, 000000 Xxxxxx Xxxxxxxx People’s Republic of China XX 00000 Subject: Special Matters Concerning [*] – Block B and Block C Aircraft Performance Guarantees Reference: Purchase Agreement No. 3323 3712 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen Airlines Federal Express Corporation (Customer) relating to Model 737767-85C 3S2F aircraft (the Aircraft) This letter agreement (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. Boeing agrees to provide Customer with the performance guarantees in the Attachment These guarantees are exclusive and expire upon delivery of the Aircraft to Customer. Boeing and Customer understand that certain information contained The terms provided in this Letter Agreement is considered to will be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable lawBlock B and Block C Aircraft.

Appears in 1 contract

Samples: Supplemental Agreement (Fedex Corp)

Confidential Treatment. Customer understands that Boeing considers certain commercial and Customer understand that certain financial information contained in this Letter Agreement is considered to be as confidential. The parties Each of Customer and Boeing agree that they it will treat this Letter Agreement and the information contained herein as confidential confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and will not, who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the other partyforegoing, Customer may disclose this Letter Agreement or any information contained and the terms and conditions herein to any other person or entity exceptits parent company, (1) FedEx Corporation, to those the Board of their respective legal counselDirectors of its parent corporation, auditorsFedEx Corporation, accountantsto its professional advisors under a duty of confidentiality with respect thereto, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law. P.A. No* Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. 3323 Liquidated_Damages_NonFED-Excusable_Delay PA-03712-LA-1106158R2 SA-6 BOEING PROPRIETARY Xiamen Airlines 6-1165-CKR-1446 Very truly yours, THE BOEING COMPANY By /s/ Xxxxxxxxx X. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: April 18July 21, 2008 XIAMEN AIRLINES 2015 FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxx X. Xxxx Xxxxx Hua Its P.A. No. 3323 Liquidated_Damages_NonVice President Aircraft Acquisition FED-Excusable_Delay PA-03712-LA-1106158R2 SA-6 BOEING PROPRIETARY The Boeing Company X.X. P.X. Xxx 0000 Xxxxxxx, XX 00000-0000 6FED-1165PA-03712-CKR-1447 Xiamen Airlines 00 Xxxxxxx LA-1106177R1 Federal Express Corporation 3600 Xxxxx Xxxxx Xxxx XxxxxxXxxxxxx, 000000 Xxxxxx Xxxxxxxx People’s Republic of China XX 00000 Subject: Aircraft Performance Guarantees [*] Reference: Purchase Agreement No. 3323 3712 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen Airlines Federal Express Corporation (Customer) relating to Model 737767-85C 3S2 Freighter aircraft (the Aircraft) This letter agreement (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. Boeing agrees to provide Customer with the performance guarantees in the Attachment These guarantees are exclusive and expire upon delivery of the Aircraft to Customer. Boeing and Customer understand that certain information contained in this Letter Agreement is considered wish to be confidential. The parties agree that they enter into an agreement pursuant to which each party will treat this Letter Agreement and the information contained herein [*] as confidential and will not, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable lawmore specifically provided below.

Appears in 1 contract

Samples: Letter Agreement (Fedex Corp)

Confidential Treatment. Boeing and Customer understand that certain information contained in this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, . (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law. P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay Payment_Matters BOEING PROPRIETARY Xiamen Airlines 6-1165-CKR-1446 CKR-1450 Very truly yours, THE BOEING COMPANY By /s/ Xxxxxxxxx X. Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: April 18, 2008 XIAMEN AIRLINES By /s/ Xxxx Xxxxx Hua Its P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay Payment_Matters BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 6-1165-CKR-1447 CKR-1451 Xiamen Airlines 00 Xxxxxxx Xxxx Xxxxxx, 000000 Xxxxxx Xxxxxxxx People’s Republic of China Subject: Aircraft Performance Guarantees Shareholder Approval Reference: Purchase Agreement No. 3323 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen Airlines (Customer) relating to Model 737-85C aircraft (the Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement have the same meaning as in the Purchase Agreement. Boeing agrees to provide Customer with the performance guarantees in the Attachment These guarantees are exclusive and expire upon delivery of the Aircraft to Customer. Boeing and Customer understand that certain information contained in this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law.

Appears in 1 contract

Samples: Letter Agreement (China Southern Airlines Co LTD)

Confidential Treatment. Boeing Customer understands and Customer understand agrees that certain information contained in this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as represents confidential business information of Boeing and will nothas value precisely because it is not available generally or to other parties. Customer agrees to limit the disclosure of its contents to (a) its directors and officers, (b) employees of Customer with a need to know the contents for performing its obligations (including, without limitation, those employees performing accounting, finance, administration and other functions necessary to finance and purchase, deliver or lease the Aircraft) and who understand they are not to disclose its contents to any other person or entity (other than those to whom disclosure is permitted by this paragraph 5), without the prior written consent of the other party, disclose this Letter Agreement or Boeing and (c) any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountantsfinancial advisors, insurance brokers attorneys and other advisers independent contractors of Customer who have a need to know such information and have signed a confidentiality agreement in the information same form and substance similar to this paragraph 5. Customer shall be fully responsible to Boeing for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to compliance with such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable lawobligations. P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY Xiamen Airlines 6-1165-CKR-1446 Very truly yours, THE BOEING COMPANY By /s/ Xxxxx X. Xxxxxxxxx X. Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: April 18December 5, 2008 XIAMEN AIRLINES 2016 AIR LEASE CORPORATION By /s/ Xxxxx Xxxx Xxxxx Hua Its P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay Executive Vice President BOEING PROPRIETARY Enclosure 12 The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 6HAZ-1165PA-3659-CKR-1447 Xiamen Airlines 00 Xxxxxxx Xxxx XxxxxxLA-1300864R2 Air Lease Corporation 2000 Avenue of the Stars, 000000 Xxxxxx Xxxxxxxx People’s Republic of China Xxxxx 0000X Xxx Xxxxxxx, Xxxxxxxxxx 00000 Subject: Aircraft Performance Guarantees – 787-9 Block B, Block C and Block D Aircraft Reference: Purchase Agreement No. 3323 PA-3659 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen Airlines Air Lease Corporation (Customer) relating to Model 737787-85C 9 aircraft (the Aircraft) This letter agreement (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. Boeing agrees to provide Customer with the performance guarantees in the Attachment which are applicable to the Aircraft shown in Table 1B, Table 1D and Table 1E (the 787-9 Block B, C and D Aircraft). These guarantees are exclusive and expire upon delivery of the 787-9 Block B, C and D Aircraft to Customer. Boeing and Customer understand that certain information contained in this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law.

Appears in 1 contract

Samples: Letter Agreement (Air Lease Corp)

Confidential Treatment. Boeing Customer understands and Customer understand agrees that certain information contained in this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as represents confidential business information and will nothas value precisely because it is not available generally or to other parties. Customer agrees to limit the disclosure of its contents to (i) employees of Customer and (ii) advisors, including legal advisors to Customer, each with a need to know the contents for purposes of helping Customer perform its obligations under the Purchase Agreement and who understand they are not to disclose its contents to any other person or entity without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable lawBoeing. P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY Xiamen Airlines 6-1165-CKR-1446 Very truly yours, THE BOEING COMPANY By /s/ Xxxxxxxxx Xxxxxx X. Xxxxxx Xxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: April 18, 2008 XIAMEN AIRLINES 12th September 2014 AVOLON AEROSPACE LEASING LIMITED By /s/ Xxxx Xxxxx Hua Xxxxx Its P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay Authorised Signatory BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 6VLS-1165PA-04227-CKR-1447 Xiamen Airlines 00 LA-1402164 Avolon Aerospace Leasing Limited The Oval, Building 0 Xxxxxxxxxx Xxxx Xxxxxxxxxxx, Xxxxxx 0 Xxxxxxx Xxxx Xxxxxx, 000000 Xxxxxx Xxxxxxxx People’s Republic of China Subject: Aircraft Performance Guarantees Assignment of Customer’s Interest for Securing Advance Payment Financing Reference: Purchase Agreement No. 3323 PA-04227 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen Airlines Avolon Aerospace Leasing Limited (Customer) relating to Model 737787-85C 9 aircraft (the Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement will have the same meaning as in the Purchase Agreement. Boeing agrees to provide Customer with This Letter Agreement sets forth the performance guarantees in the Attachment These guarantees are exclusive rights and expire upon delivery of the Aircraft to Customer. obligations between Boeing and Customer understand that in the event of Customer’s desire to assign certain information contained in of its rights and interests under the Purchase Agreement for the purpose of securing advance payment financing. The terms of this Letter Agreement is considered to be confidential. The parties agree that they will treat prevail in the event of any conflict between this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent any provision of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law.

Appears in 1 contract

Samples: Confidential Treatment (Avolon Holdings LTD)

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Confidential Treatment. Boeing and Customer understand that certain information contained in this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as represents confidential business information and has value precisely because it is not available generally or to other parties. Customer will not, limit the disclosure of its contents to employees of Customer with a need to know the contents for purposes of helping Customer perform its obligations under the Purchase Agreement and who understand they are not to disclose its contents to any other person or entity without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable lawBoeing. P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay PA-3780 Flexible Delivery Positions BOEING PROPRIETARY Xiamen Airlines 6GOT-1165PA-3780-CKR-1446 LA-1207848 Very truly yours, THE BOEING COMPANY By /s/ Xxxxxxxxx X. Xxxxxx _________________________ Its Attorney-In-Fact Attorney‑In‑Fact ACCEPTED AND AGREED TO this Date: April 18, 2008 XIAMEN AIRLINES 2012­­­­­­­­­ GAC INC. By /s/ Xxxx Xxxxx Hua _________________________ By _________________________ Its P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay Its Witness Witness PA-3780 Flexible Delivery Positions BOEING PROPRIETARY The Boeing Company X.X. P.X. Xxx 0000 Xxxxxxx, XX 00000-0000 6GOT-1165PA-3780-CKR-1447 Xiamen Airlines 00 Xxxxxxx Xxxx XxxxxxLA-1207735 GAC, 000000 Inc. PX Xxx 000, Xxxxxx Xxxxxxxx People’s Republic of China Xxxxx Grand Cayman KY1-1104 Cayman Islands Subject: Aircraft Performance Guarantees Matters – 737-8 Reference: Purchase Agreement No. 3323 No.3780 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen Airlines GAC Inc. (Customer) relating to Model 737-85C 8 aircraft (the Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement shall have the same meaning Meaning as in the Purchase Agreement. Boeing agrees to provide Customer with the performance guarantees in the Attachment These guarantees are exclusive and expire upon delivery All terms of the Aircraft to Customer. Boeing and Customer understand that certain information contained in this Letter Agreement is considered to be confidential. The parties agree that they will treat prevail in the event of any conflict between this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent any provision of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement. As defined in the “Open Matters” Letter Agreement GOT-PA-03780-LA-1207842 between Boeing and Customer, subject to such parties’ written agreements that they Boeing will treat the information as confidential, provide Customer with an Interim Performance Assesment (2Interim Performance Assesment) to a bank for the sole purpose of financing of the purchase 737-8 [CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] prior to delivery of such Aircraft and subject to such bankCustomer’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable lawModel 737-8 Aircraft.

Appears in 1 contract

Samples: Letter Agreement (Gol Intelligent Airlines Inc.)

Confidential Treatment. Customer, United Continental Holdings, Inc. and Boeing and Customer understand that certain commercial and financial information contained in this Letter Agreement is are considered to be confidential. The parties agree that they will treat this Letter Agreement by Boeing, United Continental Holdings, Inc. and the information contained herein Customer as confidential and will not, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, are subject to such parties’ written agreements that they will treat the information as confidentialterms and conditions set forth in letter agreement number UAL-PA-03784-LA-1208938 ***. BOEING / UNITED AIR LINES, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidentialINC. / UNITED CONTINENTAL HOLDINGS, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable lawINC. P.A. No. 3323 Liquidated_Damages_NonPROPRIETARY UAL-Excusable_Delay BOEING PROPRIETARY Xiamen Airlines 6PA-03784-1165-CKR-1446 LA-1207869 737 Production Adjustments Page 2 Very truly yours, THE BOEING COMPANY By /s/ Xxxxxxxxx X. Xxxxxx *** Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: April 18July 12, 2008 XIAMEN AIRLINES 2012 United Air Lines, Inc. By /s/ Xxxx Xxxxx Hua Xxxxxx Xxxxxxxx Its P.A. NoSenior Vice President – Finance and Treasurer United Continental Holdings, Inc. By /s/ Xxxxxx Xxxxxxxx Its Senior Vice President – Finance and Treasurer BOEING / UNITED AIR LINES, INC. 3323 Liquidated_Damages_Non/ UNITED CONTINENTAL HOLDINGS, INC. PROPRIETARY UAL-Excusable_Delay BOEING PROPRIETARY PA-03784-LA-1207869 737 Production Adjustments Page 3 The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 6UAL-1165PA-03784-CKR-1447 Xiamen Airlines LA-1208938 United Air Lines, Inc. 00 Xxxxxxx Xxxx XxxxxxXxxxxx Xxxxx Chicago, 000000 Xxxxxx Xxxxxxxx People’s Republic of China Illinois 60601-0100 Subject: Aircraft Performance Guarantees Privileged and Confidential Matters Reference: Purchase Agreement No. 3323 PA-03784 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen Airlines United Air Lines, Inc. (Customer) relating to Model 737-85C 900ER aircraft (the Aircraft) This letter agreement (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. Boeing agrees and Customer agree that certain commercial and financial information contained in or transmitted pursuant to provide Customer with the performance guarantees in the Attachment These guarantees are exclusive Purchase Agreement and expire upon delivery of the Aircraft to Customer. General Terms Agreement (AGTA) (together the “Purchase Agreement”) between Boeing and Customer understand that certain information contained in this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent all letter agreements made a part of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements including exhibits or attachments thereto are considered by Boeing and Customer as privileged and confidential and the parties agree that they will treat the information contained therein or transmitted pursuant to (Information) represents confidential business information. Except as confidentialspecified below, (2) each of Boeing and Customer is prohibited from disclosing the Information to a bank for any person, entity, or government agency. Each party shall protect the sole purpose of financing of the purchase confidentiality of such Aircraft Information in the manner similar to how a party protects its own Information of a similar nature, but with no less than a reasonable standard of care. This provision shall not restrict a party from taking any steps necessary to protect and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable safeguard its interests relating to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors Information, including obtaining a protective order or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the partiesother injunctive relief, or (4) as may be required by applicable lawwhere appropriate.

Appears in 1 contract

Samples: Purchase Agreement (United Air Lines Inc)

Confidential Treatment. Customer understands that Boeing considers certain commercial and Customer understand that certain financial information contained in this Letter Agreement is considered to be as confidential. The parties Each of Customer and Boeing agree that they it will treat this Letter Agreement and the information contained herein as confidential confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and will not, who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the other partyforgoing, Customer may disclose this Letter Agreement or any information contained and the terms and conditions herein to any other person or entity exceptits parent company, (1) FedEx Corporation, to those the Board of their respective legal counselDirectors of its parent corporation, auditorsFedEx Corporation, accountantsto its professional advisors under a duty of confidentiality with respect hereto, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of law. * Blank spaces contained confidential information which might be detrimental has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the interest Securities Exchange Act of either of the parties1934, or (4) as may be required by applicable lawamended. P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay Firm Aircraft Delivery Matters BOEING PROPRIETARY Xiamen Airlines 6-1165-CKR-1446 September 30, September 30, Very truly yours, THE BOEING COMPANY By /s/ Xxxxxxxxx XXXXXX X. Xxxxxx XXXX Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: April 18December 14, 2008 XIAMEN AIRLINES 2011 Federal Express Corporation By /s/ Xxxx Xxxxx Hua XXXXXXX X. XXXX Its P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay Vice President Firm Aircraft Delivery Matters BOEING PROPRIETARY September 30, September 30, The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 6FED-1165PA-03712-CKR-1447 Xiamen Airlines 00 Xxxxxxx LA-1106155 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxx XxxxxxXxxxxxx, 000000 Xxxxxx Xxxxxxxx People’s Republic of China XX 00000 Subject: Aircraft Performance Guarantees Open Configuration Matters Reference: Purchase Agreement No. 3323 3712 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen Airlines Federal Express Corporation (Customer) relating to Model 737767-85C 3S2F aircraft (the Aircraft) This letter agreement (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. Boeing agrees to provide Customer with the performance guarantees in the Attachment These guarantees are exclusive and expire upon delivery of the Aircraft to Customer. Boeing and Customer understand that certain information contained in this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law.

Appears in 1 contract

Samples: Aircraft General Terms Agreement (Fedex Corp)

Confidential Treatment. Customer understands that Boeing considers certain commercial and Customer understand that certain financial information contained in this Letter Agreement is considered to be as confidential. The parties Each of Customer and Boeing agree that they it will treat this Letter Agreement and the information contained herein as confidential confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and will not, who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the other partyforgoing, Customer may disclose this Letter Agreement or any information contained and the terms and conditions herein to any other person or entity exceptits parent company, (1) FedEx Corporation, to those the Board of their respective legal counselDirectors of its parent corporation, auditorsFedEx Corporation, accountantsto its professional advisors under a duty of confidentiality with respect hereto, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law. P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY Xiamen Airlines 6-1165-CKR-1446 Very truly yours, THE BOEING COMPANY By /s/ Xxxxxxxxx X. Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: April 18, 2008 XIAMEN AIRLINES By /s/ Xxxx Xxxxx Hua Its P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 6* Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-1165K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. Very truly yours, THE BOEING COMPANY By /s/ XXXXXX X. XXXX Its Attorney-CKR-1447 Xiamen Airlines 00 In-Fact ACCEPTED AND AGREED TO this Date: December 14, 2011 Federal Express Corporation By /s/ XXXXXXX X. XXXX Its Vice President BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 FED-PA-03712-LA-1106158 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxxxxx Xxxx Xxxxxx, 000000 Xxxxxx Xxxxxxxx People’s Republic of China XX 00000 Subject: Right to Purchase Additional Aircraft Performance Guarantees Reference: Purchase Agreement No. 3323 3712 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen Airlines Federal Express Corporation (Customer) relating to Model 737767-85C S2F aircraft (the Aircraft) This letter agreement (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. Boeing agrees to provide Customer with the performance guarantees in the Attachment These guarantees are exclusive and expire upon delivery of the Aircraft to Customer. Boeing and Customer understand that certain information contained in this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law.

Appears in 1 contract

Samples: Letter Agreement (Fedex Corp)

Confidential Treatment. Boeing and Customer understand that certain information contained in this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, . (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law. P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY Xiamen Airlines 6-1165-CKR-1446 Very truly yours, THE BOEING COMPANY By /s/ Xxxxxxxxx X. Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: April 18, 2008 XIAMEN AIRLINES By /s/ Xxxx Xxxxx Hua Its P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 63323-1165-CKR-1447 03 Xiamen Airlines 00 Xxxxxxx Xxxx Xxxxxx, 000000 Xxxxxx Xxxxxxxx People’s Republic of China Subject: Aircraft Performance Guarantees Boeing Purchase of Buyer Furnished Equipment Reference: Purchase Agreement No. 3323 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen Airlines (Customer) relating to Model 737-85C aircraft (the Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement have the same meaning as in the Purchase Agreement. Customer will sell to Boeing agrees to provide Customer with the performance guarantees Buyer Furnished Equipment (BFE) listed in the Attachment These guarantees are exclusive and expire upon delivery of the Aircraft Annex to Customer. Boeing and Customer understand that certain information contained in Exhibit A to this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft terms and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable lawconditions set forth below.

Appears in 1 contract

Samples: Letter Agreement (China Southern Airlines Co LTD)

Confidential Treatment. Customer understands that Boeing considers certain commercial and Customer understand that certain financial information contained in this Letter Agreement is considered to be as confidential. The parties Each of Customer and Boeing agree that they it will treat this Letter Agreement and the information contained herein as confidential confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and will not, who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the other partyforegoing, Customer may disclose this Letter Agreement or any information contained and the terms and conditions herein to any other person or entity exceptits parent company, (1) FedEx Corporation, to those the Board of their respective legal counselDirectors of its parent corporation, auditorsFedEx Corporation, accountantsto its professional advisors under a duty of confidentiality with respect thereto, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of law. FED-PA-03712-LA-1106158R2 SA-6 BOEING PROPRIETARY * Blank spaces contained confidential information which might be detrimental has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the interest Securities Exchange Act of either of the parties1934, or (4) as may be required by applicable lawamended. P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY Xiamen Airlines 6-1165-CKR-1446 Very truly yours, THE BOEING COMPANY By /s/ Xxxxxxxxx X. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: April 18July 21, 2008 XIAMEN AIRLINES 2015 FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxx X. Xxxx Xxxxx Hua Its P.A. No. 3323 Liquidated_Damages_NonVice President Aircraft Acquisition FED-Excusable_Delay PA-03712-LA-1106158R2 SA-6 BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 6FED-1165PA-03712-CKR-1447 Xiamen Airlines 00 Xxxxxxx LA-1106177R1 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxx XxxxxxXxxxxxx, 000000 Xxxxxx Xxxxxxxx People’s Republic of China XX 00000 Subject: Aircraft Performance Guarantees [*] Reference: Purchase Agreement No. 3323 3712 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen Airlines Federal Express Corporation (Customer) relating to Model 737767-85C 3S2 Freighter aircraft (the Aircraft) This letter agreement (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. Boeing agrees to provide Customer with the performance guarantees in the Attachment These guarantees are exclusive and expire upon delivery of the Aircraft to Customer. Boeing and Customer understand that certain information contained in this Letter Agreement is considered wish to be confidential. The parties agree that they enter into an agreement pursuant to which each party will treat this Letter Agreement and the information contained herein [*] as confidential and will not, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable lawmore specifically provided below.

Appears in 1 contract

Samples: Letter Agreement (Fedex Corp)

Confidential Treatment. Boeing and Customer understand that certain information contained in this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law. P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay 3217 Aircraft_Model_Substitution BOEING PROPRIETARY Xiamen Airlines 6-1165-CKR-1446 Very truly yours, THE BOEING COMPANY By /s/ Xxxxxxxxx X. Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: April 18July 16, 2008 2007 XIAMEN AIRLINES By /s/ Xxxx Xxxxx Hua Its P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay 3217 Aircraft_Model_Substitution BOEING PROPRIETARY The Boeing Company X.X. XX Xxx 0000 Xxxxxxx, XX 00000-0000 63217-1165-CKR-1447 03 Xiamen Airlines 00 Xxxxxxx Xxxx Xxxxxx, 000000 Xxxxxx Xxxxxxxx People’s Republic of China Subject: Aircraft Performance Guarantees Boeing Purchase of Buyer Furnished Equipment Reference: Purchase Agreement No. 3323 3217 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen Airlines (Customer) relating to Model 737-85C aircraft (the Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement have the same meaning as in the Purchase Agreement. Customer will sell to Boeing agrees to provide Customer with the performance guarantees Buyer Furnished Equipment (BFE) listed in the Attachment These guarantees are exclusive and expire upon delivery of the Aircraft Annex to Customer. Boeing and Customer understand that certain information contained in Exhibit A to this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft terms and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable lawconditions set forth below.

Appears in 1 contract

Samples: Letter Agreement (China Southern Airlines Co LTD)

Confidential Treatment. Boeing Customer understands and Customer understand agrees that certain information contained in this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as represents confidential business information of Boeing and will nothas value precisely because it is not available generally or to other parties. Customer agrees to limit the disclosure of its contents to (a) its directors and officers, (b) employees of Customer with a need to know the contents for performing its obligations (including, without limitation, those employees performing accounting, finance, administration and other functions necessary to finance and purchase, deliver or lease the Aircraft) and who understand they are not to disclose its contents to any other person or entity (other than those to whom disclosure is permitted by this paragraph 4) without the prior written consent of the other party, disclose this Letter Agreement or Boeing and (c) any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountantsfinancial advisors, insurance brokers attorneys and other advisers independent contractors of Customer who have a need to know such information and have signed a confidentiality agreement in the information same form and substance similar to this paragraph 4. Customer shall be fully responsible to Boeing for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to compliance with such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable lawobligations. P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY Xiamen Airlines 6-1165-CKR-1446 Very truly yours, THE BOEING COMPANY By /s/ Xxxxxxxxx X. Xxxxxx Xxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: April 18June 30, 2008 XIAMEN AIRLINES 2011 AIR LEASE CORPORATION By /s/ Xxxx Xxxxx Hua Xxxxxx X. Udvar-Házy Its P.A. NoChairman & CEO * Confidential material omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY Enclosure 11 The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 6LSQ-1165PA-03524-CKR-1447 Xiamen Airlines 00 Xxxxxxx Xxxx XxxxxxLA-1104956 Air Lease Corporation 0000 Xxxxxx xx xxx Xxxxx, 000000 Xxxxxx Xxxxxxxx People’s Republic of China Xxxxx 0000X Xxx Xxxxxxx, XX 00000 Subject: Special Matters — Block B Aircraft Performance Guarantees Reference: Purchase Agreement No. 3323 PA-03524 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen Airlines Air Lease Corporation (Customer) relating to Model 737-85C 800 aircraft (the Aircraft) This letter agreement (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. Boeing agrees to provide Customer with the performance guarantees in the Attachment These guarantees are exclusive and expire upon delivery of the Aircraft to Customer. Boeing and Customer understand that certain information contained in this This Letter Agreement is considered only applies to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein Aircraft identified as confidential and will not, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein Block B Aircraft in Table 1B to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law.

Appears in 1 contract

Samples: Supplemental Agreement (Air Lease Corp)

Confidential Treatment. Customer understands that Boeing considers certain commercial and Customer understand that certain financial information contained in this Letter Agreement is considered to be as confidential. The parties Customer and Boeing agree that they it will treat this Letter Agreement and the information contained herein as confidential confidential. Customer agrees to limit the disclosure of the contents of this Agreement to employees of Customer with a need to know and will not, who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the other partyforgoing, Customer may disclose this Letter Agreement or any information contained and the terms and conditions herein to any other person or entity exceptits parent company, (1) FedEx Corporation, to those the Board of their respective legal counselDirectors of its parent company, auditorsFedEx Corporation, accountantsto its professional advisors under a duty of confidentiality with respect hereto, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law. P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY Xiamen Airlines 6-1165-CKR-1446 Very truly yoursAGREED AND ACCEPTED this June 18, 2018 Date THE BOEING COMPANY By FEDERAL EXPRESS CORPORATION /s/ Xxxxx Xxxxxxxxx /s/ Xxxxxxx X. Xxxxxx Its Xxxx Signature Signature Xxxxx Xxxxxxxxx Xxxxxxx X. Xxxx Printed name Printed name Attorney-Inin-Fact ACCEPTED AND AGREED TO this Date: April 18, 2008 XIAMEN AIRLINES By /s/ Xxxx Xxxxx Hua Its P.A. NoVice President Aircraft Acquisitions & Planning and Performance Title Title * Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. 3323 Liquidated_Damages_NonFED-Excusable_Delay SU-1106178R3 [*] Page 2 BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 0000000000 2207 XXX-XXXX-XX-0000000 Xxxxxxx Express Corporation 0000 6-1165-CKR-1447 Xiamen Airlines 00 Xxxxxxx Xxxxx Xxxxx Xxxx XxxxxxXxxxxxx, 000000 Xxxxxx Xxxxxxxx People’s Republic of China XX 00000 Subject: Aircraft Performance Guarantees Reference: Purchase Agreement No. 3323 Boeing Global Services (the Purchase AgreementBGS) between The Boeing Company (– Special Matters [*] In consideration of Boeing) ’s long term relationship with Customer, and Xiamen Airlines (Customer) relating ’s continued purchase of BGS goods and services to Model 737-85C aircraft (the Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement have the same meaning as in the Purchase Agreement. Boeing agrees to provide Customer with the performance guarantees in the Attachment These guarantees are exclusive and expire upon delivery support operation of the Aircraft Boeing model 767 aircraft, Boeing will provide to Customer. Boeing and Customer understand that certain information contained in this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has following business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable lawconsideration.

Appears in 1 contract

Samples: Letter Agreement (Fedex Corp)

Confidential Treatment. Customer understands that Boeing considers certain commercial and Customer understand that certain financial information contained in this Letter Agreement is considered to be business consideration as confidential. The parties Each of Customer and Boeing agree that they it will treat this Letter Agreement business consideration and the information contained herein as confidential confidential. Customer agrees to limit the disclosure of the contents of this business consideration to employees of Customer with a need to know and will not, who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the other partyforegoing, Customer may disclose this Letter Agreement or any information contained business consideration and the terms and conditions herein to any other person or entity exceptits parent company, (1) FedEx Corporation, to those the Board of their respective legal counselDirectors of its parent corporation, auditorsFedEx Corporation, accountantsto its professional advisors under a duty of confidentiality with respect hereto, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law. P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY Xiamen Airlines 6-1165-CKR-1446 Very truly yours, AGREED AND ACCEPTED this 28 October 2013 Date THE BOEING COMPANY By FEDERAL EXPRESS CORPORATION /s/ Xxxxxxxxx Xxxxxx X. Xxxx /s/ Xxxx X. Xxxxx Signature Signature Xxxxxx Its X. Xxxx Xxxx X. Xxxxx Printed Name Printed Name Attorney-In-Fact ACCEPTED AND AGREED TO this Date: April 18VP Title Title * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, 2008 XIAMEN AIRLINES By /s/ Xxxx Xxxxx Hua Its P.A. Noas amended. 3323 Liquidated_Damages_Non6-Excusable_Delay 1162-SCR-186 October 1, 2013 BOEING PROPRIETARY The Boeing Company X.X. Xxx 6-1162-SCR-193 November 29, 2013 Federal Express Corporation 0000 Xxxxxxxx Xxxx Xxxxxxx, XX 00000-0000 6-1165-CKR-1447 Xiamen Airlines 00 00000 Attention: Xx. Xxxxx Xxxxxxxx Managing Director – Aircraft Acquisitions & Sales Mr. Xxxxxxx Xxxx Xxxxxx, 000000 Xxxxxx Xxxxxxxx People’s Republic of China Senior Attorney Subject: Aircraft Performance Guarantees Reference[*] Matters References: Purchase Agreement No. 3323 (the Purchase Agreement) 3157 between The Boeing Company (Boeing) and Xiamen Airlines Federal Express Corporation (Customer) dated November 7, 2006 (Purchase Agreement) relating to Model 737-85C the purchase of 777F aircraft (the Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement). All terms Any capitalized term used but not defined in this Letter Agreement herein shall have the same meaning as ascribed to it in the Purchase Agreement. Boeing agrees to provide Customer with the performance guarantees in the Attachment These guarantees are exclusive and expire upon delivery of the Aircraft to Customer. Boeing and Customer understand that certain information contained in this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law.

Appears in 1 contract

Samples: Supplemental Agreement (Fedex Corp)

Confidential Treatment. Customer understands that Boeing considers certain commercial and Customer understand that certain financial information contained in this Letter Agreement is considered to be as confidential. The parties Each of Customer and Boeing agree that they it will treat this Letter Agreement and the information contained herein as confidential confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and will not, who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the other partyforegoing, Customer may disclose this Letter Agreement or any information contained and the terms and conditions herein to any other person or entity exceptits parent company, (1) FedEx Corporation, to those the Board of their respective legal counselDirectors of its parent corporation, auditorsFedEx Corporation, accountantsto its professional advisors under a duty of confidentiality with respect thereto, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law. P.A. No. 3323 Liquidated_Damages_NonFED-Excusable_Delay PA-03712-LA-1106156R3 SA-12 BOEING PROPRIETARY Xiamen Airlines 6* Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-1165-CKR-1446 K because it (i) is not material and (ii) would likely cause competitive harm to FedEx if publicly disclosed. Very truly yours, THE BOEING COMPANY By /s/ Xxxxxxxxx X. Xxxxxx Xxxxx Xxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: April 18June 24, 2008 XIAMEN AIRLINES 2019 FEDERAL EXPRESS CORPORATION By /s/ Xxxx Xxxxx Hua Xxxxxxxx Its P.A. No. 3323 Liquidated_Damages_NonVice President Aircraft Acquisition Attachments FED-Excusable_Delay PA-03712-LA-1106156R3 SA-12 Option Aircraft Page 5 BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 6FED-1165PA-03712-CKR-1447 Xiamen Airlines 00 Xxxxxxx Xxxx XxxxxxLA-1106158 R5 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxxxxx, 000000 Xxxxxx Xxxxxxxx People’s Republic of China XX 00000 Subject: Right to Purchase Additional Aircraft Performance Guarantees Reference: Purchase Agreement No. 3323 3712 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen Airlines Federal Express Corporation (Customer) relating to Model 737767-85C 3S2F aircraft (the Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. In addition, this Letter Agreement cancels and supersedes FED-PA-03712-LA-1106158R4 in its entirety. All terms used but not defined in this Letter Agreement shall have the same meaning as in the Purchase Agreement. Boeing agrees to provide Customer with the performance guarantees in the Attachment These guarantees are exclusive and expire upon delivery of the Aircraft to Customer. Boeing and Customer understand that certain information contained in this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law.

Appears in 1 contract

Samples: Supplemental Agreement (Fedex Corp)

Confidential Treatment. Customer understands that Boeing considers certain commercial and Customer understand that certain financial information contained in this Letter Agreement is considered to be as confidential. The parties Each of Customer and Boeing agree that they it will treat this Letter Agreement and the information contained herein as confidential confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and will not, who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the other partyforegoing, Customer may disclose this Letter Agreement or any information contained and the terms and conditions herein to any other person or entity exceptits parent company, (1) FedEx Corporation, to those the Board of their respective legal counselDirectors of its parent corporation, auditorsFedEx Corporation, accountantsto its professional advisors under a duty of confidentiality with respect thereto, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law. P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY Xiamen Airlines 6-1165-CKR-1446 Very truly yours, THE BOEING COMPANY By /s/ Xxxxxxxxx XXXXXX X. Xxxxxx XXXX Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: April 18June 29, 2008 XIAMEN AIRLINES 2012 FEDERAL EXPRESS CORPORATION By /s/ Xxxx Xxxxx Hua XXXXXXX X. XXXX Its P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay Vice President Aircraft Acquisition BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 6FED-1165PA-03712-CKR-1447 Xiamen Airlines 00 Xxxxxxx LA-1106584R1 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxx XxxxxxXxxxxxx, 000000 Xxxxxx Xxxxxxxx People’s Republic of China XX 00000 Subject: Aircraft Performance Guarantees Reference: Purchase Agreement No. 3323 3712 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen Airlines Federal Express Corporation (Customer) relating to Model 737767-85C 3S2F firm aircraft listed on Table 1-A or as otherwise agreed by Boeing and Customer in writing (the Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. In addition, this Letter Agreement cancels and supersedes FED-PA-03712-LA-1106584 in its entirety. All terms used but not defined in this Letter Agreement shall have the same meaning as in the Purchase Agreement. Boeing agrees to provide Customer with the performance guarantees in the Attachment Attachment. These guarantees are exclusive and expire upon delivery of the Aircraft to Customer. Customer agrees to limit the remedy for non-compliance of any performance guarantee to the terms in Letter Agreements No. FED-PA-03712-LA-1106153 entitled “Liquidated Damages – Non-Excusable Delay” and FED-PA-03712-LA-1106574 entitled “Agreement for Deviation from [*].” Confidential Treatment. Customer understands that Boeing considers certain commercial and Customer understand that certain financial information contained in this Letter Agreement is considered to be as confidential. The parties Each of Customer and Boeing agree that they it will treat this Letter Agreement and the information contained herein as confidential confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and will not, who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the other partyforegoing, Customer may disclose this Letter Agreement or any information contained and the terms and conditions herein to any other person or entity exceptits parent company, (1) FedEx Corporation, to those the Board of their respective legal counselDirectors of its parent corporation, auditorsFedEx Corporation, accountantsto its professional advisors under a duty of confidentiality with respect thereto, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of law. * Blank spaces contained confidential information which might be detrimental has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the interest Securities Act of either of the parties1934, or (4) as may be required by applicable law.amended. BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ XXXXXX X. XXXX Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: June 29, 2012 FEDERAL EXPRESS CORPORATION By /s/ XXXXXXX X. XXXX Its Vice President Aircraft Acquisition BOEING PROPRIETARY Attachment to Letter Agreement No. FED-PA-03712-LA-1106584R1 CF6-80C2B6F Engines Page 1 MODEL 767-300 FREIGHTER PERFORMANCE GUARANTEES FOR FEDERAL EXPRESS CORPORATION SECTION CONTENTS 1 AIRCRAFT MODEL APPLICABILITY 2 FLIGHT PERFORMANCE 3 MANUFACTURER’S EMPTY WEIGHT 4 SOUND LEVELS 5 AIRCRAFT CONFIGURATION 6 GUARANTEE CONDITIONS 7 GUARANTEE COMPLIANCE

Appears in 1 contract

Samples: Letter Agreement (Fedex Corp)

Confidential Treatment. Customer understands that Boeing considers certain commercial and Customer understand that certain financial information contained in this Letter Agreement is considered to be as confidential. The parties Each of Customer and Boeing agree that they it will treat this Letter Agreement and the information contained herein as confidential confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and will not, who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the other partyforegoing, Customer may disclose this Letter Agreement or any information contained and the terms and conditions herein to any other person or entity exceptits parent company, (1) FedEx Corporation, to those the Board of their respective legal counselDirectors of its parent corporation, auditorsFedEx Corporation, accountantsto its professional advisors under a duty of confidentiality with respect thereto, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law. P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY Xiamen Airlines 6-1165-CKR-1446 Very truly yours, THE BOEING COMPANY By /s/ Xxxxxxxxx XXXXXX X. Xxxxxx XXXX Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: April 18June 29, 2008 XIAMEN AIRLINES 2012 FEDERAL EXPRESS CORPORATION By /s/ Xxxx Xxxxx Hua XXXXXXX X. XXXX Its P.A. No. 3323 Liquidated_Damages_NonVice President Aircraft Acquisition Attachments FED-Excusable_Delay PA-03712-LA-1106156R1 June 29, 2012 Option Aircraft Page 3 BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 6FED-1165PA-03712-CKR-1447 Xiamen Airlines 00 LA-1106154R1 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxxxxx Xxxx Xxxxxx, 000000 Xxxxxx Xxxxxxxx People’s Republic of China XX 00000 Subject: Firm Aircraft Performance Guarantees ReferenceDelivery Matters References: Purchase Agreement No. 3323 3712 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen Airlines Federal Express Corporation (Customer) relating to Model 737767-85C 3S2F aircraft (the Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. In addition, this Letter Agreement cancels and supersedes Letter Agreement FED-PA-03712-LA-1106154 in its entirety. All terms used but not defined in this Letter Agreement shall have the same meaning as in the Purchase Agreement. Boeing agrees to provide Customer with the performance guarantees in the Attachment These guarantees are exclusive and expire upon delivery of the Aircraft to Customer. Boeing and Customer understand that certain The information contained provided in this Letter Agreement is considered to will be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either firm Aircraft identified in Tables of the parties has business relations of information which might be detrimental to the interest of either of the parties, or Purchase Agreement only (4) as may be required by applicable lawFirm Aircraft).

Appears in 1 contract

Samples: Supplemental Agreement (Fedex Corp)

Confidential Treatment. Boeing and Customer understand that certain information contained in this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law. P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay Volume_Agreement BOEING PROPRIETARY Xiamen Airlines 6-1165-CKR-1446 CKR-1449 Very truly yours, THE BOEING COMPANY By /s/ Xxxxxxxxx X. Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: April 18, 2008 XIAMEN AIRLINES By /s/ Xxxx Xxxxx Hua Its P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay Volume_Agreement BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 6-1165-CKR-1447 CKR-1450 Xiamen Airlines 00 Xxxxxxx Xxxx Xxxxxx, 000000 Xxxxxx Xxxxxxxx People’s Republic of China Subject: Aircraft Performance Guarantees Payment Matters Reference: Purchase Agreement No. 3323 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen Airlines (Customer) relating to Model 737-85C aircraft (the Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement have the same meaning as in the Purchase Agreement. Boeing agrees to provide Customer with the performance guarantees in the Attachment These guarantees are exclusive and expire upon delivery of the Aircraft to Customer. Boeing and Customer understand that certain information contained in this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law.

Appears in 1 contract

Samples: Letter Agreement (China Southern Airlines Co LTD)

Confidential Treatment. Customer understands that Boeing considers certain commercial and Customer understand that certain financial information contained in this Letter Agreement is considered to be business consideration as confidential. The parties Each of Customer and Boeing agree that they it will treat this Letter Agreement business consideration and the information contained herein as confidential confidential. Customer agrees to limit the disclosure of the contents of this business consideration to employees of Customer with a need to know and will not, who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the other partyforegoing, Customer may disclose this Letter Agreement or any information contained business consideration and the terms and conditions herein to any other person or entity exceptits parent company, (1) FedEx Corporation, to those the Board of their respective legal counselDirectors of its parent corporation, auditorsFedEx Corporation, accountantsto its professional advisors under a duty of confidentiality with respect hereto, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law. P.A. No* Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY Xiamen Airlines 6-1165-CKR-1446 SA-30 Very truly yours, THE BOEING COMPANY FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxxxx L. Xxxxxxx Xxxxxx By /s/ Xxxxxxx X. Xxxxxx Xxxx Its Attorney-In-Fact Its Vice President Aircraft Acquisitions & Planning and Performance ACCEPTED AND AGREED TO this Date: April June 18, 2008 XIAMEN AIRLINES By /s/ Xxxx Xxxxx Hua Its P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY 2018 SA-30 The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 6FED-1165PA-3157-CKR-1447 Xiamen Airlines 00 Xxxxxxx LA-1802894 FedEx contract # Federal Express Corporation 0000 Xxxxxxxx Xxxx XxxxxxXxxxxxx, 000000 Xxxxxx Xxxxxxxx People’s Republic of China XX 00000 Subject: Special Matters for Block E Aircraft Performance Guarantees ReferenceReferences: Purchase Agreement No. 3323 3157 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen Airlines Federal Express Corporation (Customer) relating to Model 737777-85C FREIGHTER aircraft (the Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement have the same meaning as in the Purchase Agreement. Boeing agrees to provide Customer with the performance guarantees in the Attachment These guarantees are exclusive and expire upon delivery The terms of the Aircraft to Customer. Boeing and Customer understand that certain information contained in this Letter Agreement is considered apply to be confidential. The parties agree that they will treat this Letter Agreement Block E1 Aircraft in Table 1-E1 and the information contained herein as confidential and will notBlock E2 Aircraft in Table 1-E2 (collectively, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable lawBlock E Aircraft).

Appears in 1 contract

Samples: Letter Agreement (Fedex Corp)

Confidential Treatment. Customer understands that Boeing considers certain commercial and Customer understand that certain financial information contained in this Letter Agreement is considered to be as confidential. The parties Each of Customer and Boeing agree that they it will treat this Letter Agreement and the information contained herein as confidential confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and will not, who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the other partyforgoing, Customer may disclose this Letter Agreement or any information contained and the terms and conditions herein to any other person or entity exceptits parent company, (1) FedEx Corporation, to those the Board of their respective legal counselDirectors of its parent corporation, auditorsFedEx Corporation, accountantsto its professional advisors under a duty of confidentiality with respect hereto, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market applicable to the parties on condition that the party wishing to make such disclosure shall first use reasonable efforts to seek relief from the risk of disclosure to competitors or others with whom either of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable law. P.A. No. 3323 Liquidated_Damages_Non-Excusable_Delay BOEING PROPRIETARY Xiamen Airlines 6-1165-CKR-1446 Very truly yours, THE BOEING COMPANY By /s/ Xxxxxxxxx X. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: April 18July 21, 2008 XIAMEN AIRLINES 2015 Federal Express Corporation By /s/ Xxxxxxx X. Xxxx Xxxxx Hua Its P.A. NoVice President * Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. 3323 Liquidated_Damages_NonFED-Excusable_Delay PA-03712-LA-1106177R1 SA-6 [*] Page 2 BOEING PROPRIETARY The Boeing Company X.X. P.X. Xxx 0000 Xxxxxxx, XX 00000-0000 6FED-1165PA-03712-CKR-1447 Xiamen Airlines 00 Xxxxxxx LA-0000000X0 Federal Express Corporation 3600 Xxxxx Xxxxx Xxxx XxxxxxXxxxxxx, 000000 Xxxxxx Xxxxxxxx People’s Republic of China XX 00000 Subject: Aircraft Performance Guarantees Agreement for Deviation from the [*] Reference: Purchase Agreement No. 3323 3712 (the Purchase Agreement) between The Boeing Company (Boeing) and Xiamen Airlines Federal Express Corporation (Customer) relating to Model 737767-85C 3S2 Freighter firm aircraft (the Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. In addition, this Letter Agreement cancels and supersedes FED- PA-03712-LA-06574 in its entirety. All terms used but not defined in this Letter Agreement shall have the same meaning as in the Purchase Agreement. Boeing agrees The Attachment to provide Customer with the Letter Agreement No FED-PA-03712-LA-1106584R4 contains performance guarantees in the Attachment These guarantees are exclusive and expire upon delivery of the Aircraft to Customer(Performance Guarantees). Boeing and Customer understand that certain information contained in this Letter Agreement is considered to be confidential. The parties agree that they will treat this Letter Agreement and the information contained herein as confidential and will not, without the prior written consent of the other party, disclose this Letter Agreement or any information contained herein to any other person or entity except, (1) to those of their respective legal counsel, auditors, accountants, insurance brokers and other advisers who have a need to know the information for purposes of interpreting Customer’s rights or interpreting or performing Customer’s obligations under the Purchase Agreement, subject to such parties’ written agreements that they will treat the information as confidential, (2) to a bank for the sole purpose of financing of the purchase of such Aircraft and subject to such bank’s written agreement that it will treat the information as confidential, (3) as required by the rules of any stock market [*] applicable to the parties on condition Aircraft in accordance with such Performance Guarantees. Boeing offers the following items in the event that the party wishing guarantee compliance report furnished to make such disclosure shall first use reasonable efforts Customer for any Aircraft pursuant to seek relief from the risk of disclosure to competitors or others with whom either Article 5.4 of the parties has business relations of information which might be detrimental to the interest of either of the parties, or (4) as may be required by applicable lawAGTA shows [*].

Appears in 1 contract

Samples: Letter Agreement (Fedex Corp)

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