Common use of Exceptions, Limitations and Conditions Clause in Contracts

Exceptions, Limitations and Conditions. 4.1 Boeing's obligation to indemnify Customer for patent infringement will extend only to infringements in countries which, at the time of the infringement, were party to and fully bound by either: (i) Article 27 of the Chicago Convention on International Civil Aviation of December 7, 1944, or (ii) the International Convention for the Protection of Industrial Property (Paris Convention). 4.2 Boeing's obligation to indemnify Customer for copyright infringement is limited to infringements in countries which, at the time of the infringement, are members of The Berne Union and recognize computer software as a "work" under The Berne Convention. 4.3 [***] 4.4 Customer must deliver written notice to Boeing (i) within [***] days after Customer first receives notice of any suit or other formal action against Customer and (ii) within [***] days after Customer first receives any other allegation or written claim of infringement covered by this Part 6. 4.5 At any time, and without limiting the foregoing indemnities, Boeing will have the right at its option and expense to: (i) negotiate with any party claiming infringement, (ii) assume or control the defense of any infringement allegation, claim, suit or formal action, (iii) intervene in any infringement suit or formal action, and/or (iv) attempt to resolve any claim of infringement by replacing an allegedly infringing Boeing Product or Aircraft Software with a non-infringing equivalent which otherwise complies with the requirements of the Purchase Agreement. 4.6 Customer will promptly furnish to Boeing all information, records and assistance within Customer’s possession or control which Boeing reasonably considers relevant or material to any alleged infringement covered by this Part 6. 4.7 Except as required by a final judgment entered against Customer by a court of competent jurisdiction from which no appeals can be or have been filed, Customer DAL-PA-04696-EXC EXC Page 9 will obtain Boeing's written approval prior to paying, committing to pay, assuming any obligation or making any material concession relative to any infringement covered by these indemnities. 4.8 If a Boeing Product is found to infringe any patent or copyright and Customer is enjoined from using it, Boeing will, at its option, and its expense, either: 4.8.1 procure for Customer the right to use it free of any liability for infringement; or, 4.8.2 replace it with a non-infringing substitute which otherwise complies with the requirements of this Purchase Agreement.

Exceptions, Limitations and Conditions. 4.1 3.1. Boeing's obligation to indemnify Customer for patent infringement will extend only to infringements in countries which, at the time of the infringement, were party to and fully bound by either: (i) Article 27 of the Chicago Convention on International Civil Aviation of December 7, 1944, or (ii) the International Convention for the Protection of Industrial Property (Paris Convention). 4.2 3.2. Boeing's obligation to indemnify Customer for copyright infringement is limited to infringements in countries which, at the time of the infringement, are members of The Berne Union and recognize computer software as a "work" under The Berne Convention. 4.3 [***]3.3. The indemnities provided under this Part 6 will not apply to any BFE engines, Supplier Product, Boeing Product used other than for its intended purpose, or Aircraft Software not created by Boeing. 4.4 3.4. Customer must deliver written notice to Boeing (i) within [***] ten (10) days after Customer first receives notice of any suit or other formal action against Customer and (ii) within [***] twenty (20) days after Customer first receives any other allegation or written claim of infringement covered by this Part 6. 4.5 3.5. At any time, and without limiting the foregoing indemnities, Boeing will have the right at its option and expense to: (i) negotiate with any party claiming infringement, (ii) assume or control the defense of any infringement allegation, claim, suit or formal action, (iii) intervene in any infringement suit or formal action, and/or (iv) attempt to resolve any claim of infringement by replacing an allegedly infringing Boeing Product or Aircraft Software with a non-infringing equivalent which otherwise complies with the requirements of the Purchase Agreementnoninfringing equivalent. 4.6 3.6. Customer will promptly furnish to Boeing all information, records and assistance within Customer’s possession or control which Boeing reasonably considers relevant or material to any alleged infringement covered by this Part 6. 4.7 3.7. Except as required by a final judgment entered against Customer by a court of competent jurisdiction from which no appeals can be or have been filed, Customer DAL-PA-04696-EXC EXC Page 9 will obtain Boeing's written approval prior to paying, committing to pay, assuming any obligation or making any material concession relative to any infringement covered by these indemnities. 4.8 If a Boeing Product is found to infringe any patent or copyright and Customer is enjoined from using it3.8. BOEING WILL HAVE NO OBLIGATION OR LIABILITY UNDER THIS PART 6 FOR LOSS OF USE, Boeing willREVENUE OR PROFIT, at its optionOR FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE OBLIGATIONS OF BOEING AND REMEDIES OF CUSTOMER IN THIS PART 6 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, and its expenseAND CUSTOMER HEREBY WAIVES, either:RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, OBLIGATIONS AND LIABILITIES OF BOEING AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES OF CUSTOMER AGAINST BOEING, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT OR THE LIKE BY ANY AIRCRAFT, AIRCRAFT SOFTWARE, MATERIALS, TRAINING, SERVICES OR OTHER THING PROVIDED UNDER THIS AGTA AND THE APPLICABLE PURCHASE AGREEMENT. 4.8.1 procure for Customer 3.9. For the right to use it free of any liability for infringement; or, 4.8.2 replace it with a non-infringing substitute which otherwise complies with the requirements purposes of this Purchase AgreementPart 6, "BOEING or Boeing" is defined as The Boeing Company, its divisions, subsidiaries, affiliates, the assignees of each and their respective directors, officers, employees and agents. Date: + Certificate of Insurance ISSUED TO: The Boeing Company Post Office Box 3707 Mail Code 13-57 ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attn: Manager - Aviation Insurance for Vice President - Employee Benefits, Insurance and Taxes CC: Boeing Commercial Airplanes ▇.▇. ▇▇▇ ▇▇▇▇ Mail Code 21-34 ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ ▇.▇.▇. Attn: Vice President - Contracts NAMED INSURED: Southwest Airlines Co. We hereby certify that in our capacity as Brokers to the Named Insured, the following described insurance is in force on this date:

Exceptions, Limitations and Conditions. 4.1 7.3.1 Boeing's obligation to indemnify Customer for patent infringement will extend only to infringements in countries which, at the time of the infringement, were party to and fully bound by either: (i) Article 27 of the Chicago Convention on International Civil Aviation of December 7, 1944, or (ii) the International Convention for the Protection of Industrial Property (Paris Convention). 4.2 7.3.2 Boeing's obligation to indemnify Customer for copyright infringement is limited to infringements in countries which, at the time of the infringement, are members of The Berne Union and recognize computer software as a "work" under The Berne Convention. 4.3 [***]7.3.3 The indemnities provided under this Article 7 will not apply to any (i) Boeing Spare Part, Aircraft Software, or Materials used other than for its intended purpose, or (ii) Aircraft Software or Materials not created by Boeing. 4.4 7.3.4 Customer must deliver written notice to Boeing Boeing: (i) within [***] ten (10) days after Customer first receives notice of any suit or other formal action against Customer and (ii) within [***] twenty (20) days after Customer first receives any other allegation or written claim of infringement covered by this Part 6Article 7. 4.5 7.3.5 At any time, and without limiting the foregoing indemnities, Boeing will have the right at its option and expense to: (i) negotiate with any party claiming infringement, (ii) assume or control the defense of any infringement allegation, claim, suit or formal action, (iii) intervene in any infringement suit or formal action, and/or (iv) attempt to resolve any claim of infringement by replacing an allegedly infringing Boeing Product Spare Part, or Boeing created Aircraft Software or Materials, with a non-infringing equivalent which otherwise complies noninfringing equivalent. ____________________ *Redacted Pursuant to a Request for Confidential Treatment; Filed separately with the requirements of the Purchase Agreement.Commission 4.6 7.3.6 Customer will promptly furnish to Boeing all information, records records, and assistance within Customer’s 's possession or control which Boeing reasonably considers relevant or material to any alleged infringement covered by this Part 6Article 7. 4.7 7.3.7 Except as required by a final judgment entered against Customer by a court of competent jurisdiction from which no appeals can be or have been filed, Customer DAL-PA-04696-EXC EXC Page 9 will obtain Boeing's written approval prior to paying, committing to pay, assuming any obligation obligation, or making any material concession relative to any infringement covered by these indemnities. 4.8 If a 7.3.8 BOEING WILL HAVE NO OBLIGATION OR LIABILITY UNDER THIS ARTICLE 7 FOR LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE OBLIGATIONS OF BOEING AND REMEDIES OF CUSTOMER IN THIS ARTICLE 7 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND CUSTOMER HEREBY WAIVES, RELEASES, AND RENOUNCES, ALL OTHER INDEMNITIES, OBLIGATIONS, AND LIABILITIES OF BOEING AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES OF CUSTOMER AGAINST BOEING, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT BY ANY SPARE PARTS, MATERIALS, TRAINING, SERVICES AIRCRAFT SOFTWARE OR OTHER THING PROVIDED UNDER THIS CSGTA AND THE APPLICABLE ORDER. OTHER THINGS PROVIDED UNDER THIS CSGTA AND THE APPLICABLE ORDER. 7.3.9 For the purpose of this Article 7, BOEING is defined as The Boeing Product is found to infringe any patent or copyright Company, its divisions, subsidiaries and Customer is enjoined from using itaffiliates, Boeing will, at its optionthe assignees of each, and its expensetheir respective directors, either: 4.8.1 procure for Customer the right to use it free of any liability for infringement; or, 4.8.2 replace it with a non-infringing substitute which otherwise complies with the requirements of this Purchase Agreementofficers, employees and agents.

Exceptions, Limitations and Conditions. 4.1 3.1 Boeing's ’s obligation to indemnify Customer for patent infringement will extend only to infringements in countries which, at the time of the infringement, were party to and fully bound by either: either (ia) Article 27 of the Chicago Convention on International Civil Aviation of December 7, 1944, or (iib) the International Convention for the Protection of Industrial Property (Paris Convention). 4.2 3.2 Boeing's ’s obligation to indemnify Customer for copyright infringement is limited to infringements in countries which, at the time of the infringement, are members of The Berne Union and recognize computer software as a "“work" ” under The Berne Convention. 4.3 [***]3.3 The indemnities provided under this Part 6 will not apply to any (i) BFE, (ii) engines, (iii) Supplier Product (iv) Boeing Product used other than for its intended purpose, or (v) Aircraft Software not created by Boeing. 4.4 3.4 Customer must deliver written notice to Boeing (i) within [***] 10 days after Customer first receives notice of any suit or other formal action against Customer and (ii) within [***] 20 days after Customer first receives any other allegation or written claim of infringement covered by this Part 6. 4.5 3.5 At any time, and without limiting the foregoing indemnities, Boeing will have the right at its option and expense to: : (i) negotiate with any party claiming infringement, (ii) assume or control the defense of any infringement allegation, claim, suit or formal action, (iii) intervene in any infringement suit or formal action, and/or (iv) attempt to resolve any claim of infringement by replacing an allegedly infringing Boeing Product or Aircraft Software with a non-infringing equivalent which otherwise complies with the requirements of the Purchase Agreement. 4.6 noninfringing equivalent. 3.6 Customer will promptly furnish to Boeing all information, records and assistance within Customer’s possession or control which Boeing reasonably considers relevant or material to any alleged infringement covered by this Part 6. 4.7 Except as required by a final judgment entered against Customer by a court of competent jurisdiction from which no appeals can be or have been filed, Customer DAL-PA-04696-EXC EXC Page 9 will obtain Boeing's written approval prior to paying, committing to pay, assuming any obligation or making any material concession relative to any infringement covered by these indemnities. 4.8 If a Boeing Product is found to infringe any patent or copyright and Customer is enjoined from using it, Boeing will, at its option, and its expense, either: 4.8.1 procure for Customer the right to use it free of any liability for infringement; or, 4.8.2 replace it with a non-infringing substitute which otherwise complies with the requirements of this Purchase Agreement.

Exceptions, Limitations and Conditions. 4.1 3.1. Boeing's ’s obligation to indemnify Customer for patent infringement will extend only to infringements in countries which, at the time of the infringement, were party to and fully bound by either: (i) Article 27 of the Chicago Convention on International Civil Aviation of December 7, 1944, or (ii) the International Convention for the Protection of Industrial Property (Paris Convention). 4.2 3.2. Boeing's ’s obligation to indemnify Customer for copyright infringement is limited to infringements in countries which, at the time of the infringement, are members of The Berne Union and recognize computer software as a "“work" ” under The Berne Convention. 4.3 [***]3.3. The indemnities provided under this Part 6 will not apply to any BFE engines, Supplier Product, Boeing Product used other than for its intended purpose, or Aircraft Software not created by Boeing. 4.4 3.4. Customer must deliver written notice to Boeing (i) within [***] ten (10) days after Customer first receives notice of any suit or other formal action against Customer and (ii) within [***] twenty (20) days after Customer first receives any other allegation or written claim of infringement covered by this Part 6. 4.5 3.5. At any time, and without limiting the foregoing indemnities, Boeing will have the right at its option and expense to: (i) negotiate with any party claiming infringement, (ii) assume or control the defense of any infringement allegation, claim, suit or formal action, (iii) intervene in any infringement suit or formal action, and/or (iv) attempt to resolve any claim of infringement by replacing an allegedly infringing Boeing Product or Aircraft Software with a non-infringing equivalent which otherwise complies with the requirements of the Purchase Agreementnoninfringing equivalent. 4.6 3.6. Customer will promptly furnish to Boeing all information, records and assistance within Customer’s possession or control which Boeing reasonably considers relevant or material to any alleged infringement covered by this Part 6. 4.7 3.7. Except as required by a final judgment entered against Customer by a court of competent jurisdiction from which no appeals can be or have been filed, Customer DAL-PA-04696-EXC EXC Page 9 will obtain Boeing's ’s written approval prior to paying, committing to pay, assuming any obligation or making any material concession relative to any infringement covered by these indemnities. 4.8 If a Boeing Product is found to infringe any patent or copyright and Customer is enjoined from using it3.8. BOEING WILL HAVE NO OBLIGATION OR LIABILITY UNDER THIS PART 6 FOR LOSS OF USE, Boeing willREVENUE OR PROFIT, at its optionOR FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE OBLIGATIONS OF BOEING AND REMEDIES OF CUSTOMER IN THIS PART 6 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, and its expenseAND CUSTOMER HEREBY WAIVES, either:RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, OBLIGATIONS AND LIABILITIES OF BOEING AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES OF CUSTOMER AGAINST BOEING, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT OR THE LIKE BY ANY AIRCRAFT, AIRCRAFT SOFTWARE, MATERIALS, TRAINING, SERVICES OR OTHER THING PROVIDED UNDER THIS AGTA AND THE APPLICABLE PURCHASE AGREEMENT. 4.8.1 procure for Customer 3.9. For the right to use it free of any liability for infringement; or, 4.8.2 replace it with a non-infringing substitute which otherwise complies with the requirements purposes of this Purchase AgreementPart 6, “BOEING or Boeing” is defined as The Boeing Company, its divisions, subsidiaries, affiliates, the assignees of each and their respective directors, officers, employees and agents. Date: + Certificate of Insurance ISSUED TO: The Boeing Company Post Office Box 3707 Mail Code 13-57 ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attn: Manager - Aviation Insurance for Vice President - Employee Benefits, Insurance and Taxes CC: Boeing Commercial Airplanes ▇.▇. ▇▇▇ ▇▇▇▇ Mail Code 21-34 ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ ▇.▇.▇. Attn: Vice President - Contracts NAMED INSURED: Southwest Airlines Co. We hereby certify that in our capacity as Brokers to the Named Insured, the following described insurance is in force on this date: