Common use of Development Changes Clause in Contracts

Development Changes. The Specification may also be amended to incorporate changes deemed necessary by the Seller to improve the Aircraft, prevent delay or ensure compliance with this Agreement (“Development Changes”), as set forth in this Clause 2. “[***]” This information is subject to confidential treatment and has been omitted and filed separately with the commission. 2.2.2.1 Manufacturer Specification Changes Notices The Specification may be amended by the Seller through a Manufacturer Specification Change Notice (“MSCN”), which shall be substantially in the form set out in Exhibit B2 hereto and shall set out the MSCN’s Aircraft embodiment rank as well as, in detail, the particular change to be made to the Specification and the effect, if any, of such change on performance, weight, Aircraft Basic Price, Delivery Date of the Aircraft affected thereby and interchangeability or replaceability requirements under the Specification. Except when the MSCN is necessitated by an Aviation Authority directive or by equipment obsolescence, in which case the MSCN shall be accomplished without requiring the Buyer’s consent, if the MSCN adversely affects the performance, weight, Aircraft Basic Price, Delivery Date of the Aircraft affected thereby or the interchangeability or replaceability requirements under the Specification, the Seller shall notify the Buyer of a reasonable period of time during which the Buyer must accept or reject such MSCN. If the Buyer does not notify the Seller of the rejection of the MSCN within such period, the MSCN shall be deemed accepted by the Buyer and the corresponding modification shall be accomplished. 2.2.2.2 In the event of the Seller revising the Specification to incorporate Development Changes, which have no adverse effect on any of the elements as set forth in 2.2.2.1 above, such revision shall be performed by the Seller without the Buyer’s consent. In such cases, the Seller shall provide to the Buyer the details of such changes in an adapted format and on a regular basis.

Development Changes. The Any Specification may also be amended to incorporate changes deemed necessary by the Seller to improve the AircraftAircraft that is the subject of such Specification, prevent delay or ensure compliance with this Agreement (“Development Changes”), as set forth in this Clause 2. “[***]” This information is subject to confidential treatment and has been omitted and filed separately with the commission. 2.2.2.1 Manufacturer Specification Changes Notices The Any Specification may be amended by the Seller through a Manufacturer Specification Change Notice (“MSCN”), which shall will be substantially in the form set out in Exhibit B2 B-2 hereto and shall will set out the MSCN’s Aircraft embodiment rank as well as, in detail, the particular change Development Change to be made to the such Specification and the effect, if any, of such change Development Change on performance, weight, Aircraft Basic PriceBase Price of the Aircraft, Delivery Date of the Aircraft affected thereby and interchangeability or replaceability requirements under the Specification. In addition, at the request of the Buyer, the Seller will provide to the Buyer [CONFIDENTIAL PORTION HAS BEEN OMITTED BECAUSE IT (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED] The Seller will promptly notify the Buyer in writing of any MSCN applicable to the Aircraft, and such notice will describe the reason for making such amendment and the revised Specification. Except when the MSCN is necessitated by an Aviation Authority directive or by equipment obsolescence, in which case the MSCN shall will be accomplished implemented without requiring the Buyer’s consent, if the MSCN adversely affects the performance, weight, Base Price of the Aircraft Basic Priceaffected thereby, Delivery Date of the Aircraft affected thereby or the interchangeability or replaceability requirements under the applicable Specification, [CONFIDENTIAL PORTION HAS BEEN OMITTED BECAUSE IT (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED] For the purposes of Clause 2.2.2.1, [CONFIDENTIAL PORTION HAS BEEN OMITTED BECAUSE IT (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED] 2.2.2.2 If the Seller shall notify the Buyer of a reasonable period of time during which the Buyer must accept or reject such MSCN. If the Buyer does not notify the Seller of the rejection of the MSCN within such period, the MSCN shall be deemed accepted by the Buyer and the corresponding modification shall be accomplished. 2.2.2.2 In the event of the Seller revising the revises any Specification to incorporate Development Changes, which Changes that have no adverse effect on any of the elements as set forth identified in Clause 2.2.2.1 above, such revision shall Development Change will be performed by the Seller without the Buyer’s consent. In such cases, the Seller shall provide to the Buyer the details of such changes in an adapted format and on a regular basis. 2.2.2.3 [CONFIDENTIAL PORTION HAS BEEN OMITTED BECAUSE IT (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED]

Development Changes. The Specification may also be amended to incorporate changes deemed necessary by the Seller to improve the Aircraft, prevent delay or ensure compliance with this Agreement (“Development Changes”), as set forth in this Clause 2. “[***]” This information is subject to confidential treatment and has been omitted and filed separately with the commission. 2.2.2.1 Manufacturer Specification Changes Notices The Specification may be amended by the Seller through a Manufacturer Specification Change Notice (“MSCN”), which shall be substantially in the form set out in Exhibit B2 hereto and shall set out the MSCN’s Aircraft embodiment rank as well as, in detail, the particular change to be made to the Specification and the effect, if any, of such change on performance, weight, Aircraft Basic Base Price, Delivery Date of the Aircraft affected thereby and interchangeability or replaceability requirements under the Specification. CSN - A350XWB - Clause 02 Privileged and Confidential Except when the MSCN is necessitated by an Aviation Authority directive or by equipment obsolescence, in which case the MSCN shall be accomplished without requiring the Buyer’s consent, if the MSCN adversely affects the performance, weight, Aircraft Basic Base Price, Delivery Date of the Aircraft affected thereby or the interchangeability or replaceability requirements under the Specification, the Seller shall notify the Buyer of a reasonable period of time during which the Buyer must accept or reject such MSCN. If the Buyer does not notify the Seller of the rejection of the MSCN within such period, the MSCN shall be deemed accepted by the Buyer and the corresponding modification shall be accomplished. 2.2.2.2 In the event of the Seller revising the Specification to incorporate Development Changes, which have no adverse effect on any of the elements as set forth in 2.2.2.1 above, such revision shall be performed by the Seller without the Buyer’s consentconsent and the Seller shall as soon as practicable notify the Buyer in writing of any such change. In such cases, the Seller Buyer shall provide have access to the Buyer the details of such changes through the relevant application in an adapted format and on a regular basisAirbusWorld.

Development Changes. The Any Specification may also be amended to incorporate changes deemed necessary by the Seller to improve the AircraftAircraft that is the subject of such Specification, prevent delay or ensure compliance with this Agreement (“Development Changes”), as set forth in this Clause 2. “[***]” This information is subject to confidential treatment and has been omitted and filed separately with the commission. 2.2.2.1 Manufacturer Specification Changes Notices The Any Specification may be amended by the Seller through a Manufacturer Specification Change Notice (“MSCN”), which shall will be substantially in the form set out in Exhibit B2 B-2 hereto and shall will set out the MSCN’s Aircraft embodiment rank as well as, in detail, the particular change Development Change to be made to the such Specification and the effect, if any, of such change Development Change on performance, weight, Aircraft Basic PriceBase Price of the Aircraft, Delivery Date of the Aircraft affected thereby and interchangeability or replaceability requirements under the Specification. In addition, at the request of the Buyer, the Seller will provide to the Buyer such information and data concerning such MSCN as is reasonably available to the Seller concerning the effect of such MSCN on the cost of the Aircraft over the life of the Aircraft, including without limitation the effect of such MSCN on maintenance costs over the life of the Aircraft. The Seller will promptly notify the Buyer in writing of any MSCN applicable to the Aircraft, and such notice will describe the reason for making such amendment and the revised Specification. Except when the MSCN is necessitated by an Aviation Authority directive or by equipment obsolescence, in which case the MSCN shall will be accomplished implemented without requiring the Buyer’s consent, if the MSCN adversely affects the performance, weight, Base Price of the Aircraft Basic Priceaffected thereby, Delivery Date of the Aircraft affected thereby or the interchangeability or replaceability requirements under the applicable Specification, the Seller shall notify the Buyer of a reasonable period of time during which the Buyer must will be entitled to accept or reject such MSCN. If the Buyer does not notify the Seller of the acceptance or rejection of the MSCN within such periodforty-five (45) days after receipt of notice from the Seller, the MSCN shall will be deemed accepted by the Buyer and the corresponding modification shall will be accomplishedimplemented. For the purposes of Clause 2.2.2.1, the term “equipment obsolescence” refers to new equipment that is no longer manufactured or is not available commercially or has been surpassed by new technology. 2.2.2.2 In the event of If the Seller revising the revises any Specification to incorporate Development Changes, which Changes that have no adverse effect on any of the elements as set forth identified in Clause 2.2.2.1 above, such revision shall Development Change will be performed by the Seller without the Buyer’s consent. In such cases, the . 2.2.2.3 The Seller shall provide to the Buyer the details of such changes in an adapted format and on a regular basisis considering [*CTR*].

Development Changes. The Any Specification may also be amended to incorporate changes deemed necessary by the Seller to improve the AircraftAircraft that is the subject of such Specification, prevent delay or ensure compliance with this Agreement (“Development Changes”), as set forth in this Clause 2. “[***]” This information is subject to confidential treatment and has been omitted and filed separately with the commission. 2.2.2.1 Manufacturer Specification Changes Notices The Any Specification may be amended by the Seller through a Manufacturer Specification Change Notice (“MSCN”), which shall will be substantially in the form set out in Exhibit B2 B-2 hereto and shall will set out the MSCN’s Aircraft embodiment rank as well as, in detail, the particular change Development Change to be made to the such Specification and the effect, if any, of such change Development Change on performance, weight, Aircraft Basic PriceBase Price of the Aircraft, Delivery Date of the Aircraft affected thereby and interchangeability or replaceability requirements under the Specification. In addition, at the request of the Buyer, the Seller will provide to the Buyer [CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] The Seller will promptly notify the Buyer in writing of any MSCN applicable to the Aircraft, and such notice will describe the reason for making such amendment and the revised Specification. Except when the MSCN is necessitated by an Aviation Authority directive or by equipment obsolescence, in which case the MSCN shall will be accomplished implemented without requiring the Buyer’s consent, if the MSCN adversely affects the performance, weight, Base Price of the Aircraft Basic Priceaffected thereby, Delivery Date of the Aircraft affected thereby or the interchangeability or replaceability requirements under the applicable Specification, [CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] For the purposes of Clause 2.2.2.1, [CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] 2.2.2.2 If the Seller shall notify the Buyer of a reasonable period of time during which the Buyer must accept or reject such MSCN. If the Buyer does not notify the Seller of the rejection of the MSCN within such period, the MSCN shall be deemed accepted by the Buyer and the corresponding modification shall be accomplished. 2.2.2.2 In the event of the Seller revising the revises any Specification to incorporate Development Changes, which Changes that have no adverse effect on any of the elements as set forth identified in Clause 2.2.2.1 above, such revision shall Development Change will be performed by the Seller without the Buyer’s consent. In such cases, the Seller shall provide to the Buyer the details of such changes in an adapted format and on a regular basis. 2.2.2.3 [CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUAN TO A REQUEST FOR CONFIDENTIAL TREATMENT]