Common use of UNQUOTE Clause in Contracts

UNQUOTE. In consideration of the assignment and subrogation by the Seller under this Clause 13 in favor of the Buyer in respect of the Seller's rights against and obligations to the Manufacturer under the provisions quoted above, the Buyer hereby accepts such assignment and subrogation and agrees to be bound by all of the terms, conditions and limitations therein contained (specifically including, without limitation, the waiver, release and renunciation provision). THE INDEMNITY PROVIDED IN THIS CLAUSE 13 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRCRAFT, ACCESSORY, EQUIPMENT OR PART, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS PATENT INDEMNITY WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER.

UNQUOTE. In consideration of the assignment and subrogation by the Seller AVSA under this Clause 13 12 in favor of the Buyer Northwest in respect of the SellerAVSA's rights against and obligations to the Manufacturer under the provisions quoted above, the Buyer Northwest hereby accepts such assignment and subrogation and agrees to be bound by all of the terms, conditions and limitations therein contained (contained, specifically including, without limitation, the waiverfollowing: THIS CLAUSE 12 (INCLUDING ITS SUBCLAUSES) SETS FORTH THE EXCLUSIVE WARRANTIES, release and renunciation provision)EXCLUSIVE LIABILITIES AND EXCLUSIVE OBLIGATIONS OF AVSA, AND THE EXCLUSIVE REMEDIES AVAILABLE TO NORTHWEST, WHETHER UNDER THIS AGREEMENT OR OTHERWISE, ARISING FROM ANY DEFECT OR NONCONFORMITY OR PROBLEM OF ANY KIND IN ANY AIRCRAFT, COMPONENT, EQUIPMENT, ACCESSORY, PART OR SERVICE DELIVERED UNDER THIS AGREEMENT. NORTHWEST RECOGNIZES THAT THE INDEMNITY PROVIDED RIGHTS, WARRANTIES AND REMEDIES IN THIS CLAUSE 13 12 ARE ADEQUATE AND SUFFICIENT TO PROTECT NORTHWEST FROM ANY DEFECT OR NONCONFORMITY OR PROBLEM OF ANY KIND IN THE OBLIGATIONS GOODS AND LIABILITIES OF THE SELLER SERVICES SUPPLIED UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER AGREEMENT. NORTHWEST HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AVSA AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES OF THE BUYER NORTHWEST AGAINST THE SELLERAVSA, WHETHER EXPRESS OR IMPLIEDIMPLIED BY CONTRACT, ARISING BY TORT, OR STATUTORY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES)OTHERWISE, WITH RESPECT TO ANY ACTUAL NONCONFORMITY OR ALLEGED PATENT INFRINGEMENT DEFECT OR THE LIKE BY PROBLEM OF ANY KIND IN ANY AIRCRAFT, COMPONENT, EQUIPMENT, ACCESSORY, EQUIPMENT PART OR PARTSERVICE DELIVERED UNDER THIS AGREEMENT, OR THE USE OR SALE THEREOFINCLUDING, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS PATENT INDEMNITY WILL BUT NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER.LIMITED TO:

UNQUOTE. In consideration of the assignment and subrogation by the Seller under this Clause 13 in favor of the Buyer in respect of the Seller's rights against and obligations to the Manufacturer under the provisions quoted above, the Buyer hereby accepts such assignment and subrogation and agrees to be bound by all of the terms, conditions and limitations therein contained (specifically including, without limitation, the waiver, release and renunciation provision). IN CONSIDERATION OF THE INDEMNITY PROVIDED IN THIS CLAUSE 13 ASSIGNMENT AND THE OBLIGATIONS AND LIABILITIES OF SUBROGATION BY THE SELLER UNDER THIS CLAUSE 13 ARE 12 (AND RELATED LETTER AGREEMENTS) IN FAVOR OF THE BUYER IN RESPECT OF THE SELLER'S RIGHTS AGAINST AND OBLIGATIONS TO THE MANUFACTURER UNDER THE PROVISIONS QUOTED ABOVE, THE BUYER HEREBY ACCEPTS SUCH ASSIGNMENT AND SUBROGATION AND AGREES TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND LIMITATIONS THEREIN CONTAINED, SPECIFICALLY INCLUDING, WITHOUT LIMITATION, THE EXCLUSIVITY OF WARRANTIES AND GENERAL LIMITATIONS OF LIABILITY PROVISIONS AND DUPLICATE REMEDIES PROVISIONS. THIS CLAUSE 12 (INCLUDING ITS SUBPROVISIONS AND RELATED LETTER AGREEMENTS) SETS FORTH THE EXCLUSIVE WARRANTIES, EXCLUSIVE LIABILITIES AND IN SUBSTITUTION FOREXCLUSIVE OBLIGATIONS OF THE SELLER, AND THE EXCLUSIVE REMEDIES AVAILABLE TO THE BUYER, WHETHER UNDER THIS AGREEMENT OR OTHERWISE, ARISING FROM ANY DEFECT OR NONCONFORMITY OR PROBLEM OF ANY KIND IN ANY AIRCRAFT, COMPONENT, EQUIPMENT, ACCESSORY, PART OR SERVICE DELIVERED UNDER THIS AGREEMENT. THE BUYER RECOGNIZES THAT THE RIGHTS, WARRANTIES AND REMEDIES IN THIS CLAUSE 12 (AND RELATED LETTER AGREEMENTS) ARE ADEQUATE AND SUFFICIENT TO PROTECT THE BUYER FROM ANY DEFECT OR NONCONFORMITY OR PROBLEM OF ANY KIND IN THE GOODS AND SERVICES SUPPLIED UNDER THIS AGREEMENT. THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, WHETHER EXPRESS OR IMPLIEDIMPLIED BY CONTRACT, ARISING BY TORT, OR STATUTORY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES)OTHERWISE, WITH RESPECT TO ANY ACTUAL NONCONFORMITY OR ALLEGED PATENT INFRINGEMENT DEFECT OR THE LIKE BY PROBLEM OF ANY KIND IN ANY AIRCRAFT, COMPONENT, EQUIPMENT, ACCESSORY, EQUIPMENT PART OR PARTSERVICE DELIVERED UNDER THIS AGREEMENT, OR THE USE OR SALE THEREOFINCLUDING BUT NOT LIMITED TO, UNLESS OTHERWISE PROVIDED THAT, FOR IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE 12 (AND EFFECT. THIS PATENT INDEMNITY WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER.RELATED LETTER AGREEMENTS):

UNQUOTE. In consideration of the assignment and subrogation by the Seller AVSA under this Clause 13 in favor of the Buyer Northwest in respect of the SellerAVSA's rights against and obligations to the Manufacturer under the provisions quoted above, the Buyer Northwest hereby accepts such assignment and subrogation and agrees to be bound by all of the terms, conditions and limitations therein contained (specifically including, without limitation, the waiver, release and renunciation provision). THE INDEMNITY PROVIDED IN THIS CLAUSE 13 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER AVSA UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER NORTHWEST HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AVSA AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER NORTHWEST AGAINST THE SELLERAVSA, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRCRAFT, ACCESSORY, EQUIPMENT OR PART, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS PATENT INDEMNITY WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AVSA AND THE BUYERNORTHWEST.

UNQUOTE. In consideration of the assignment and subrogation by the Seller under this Clause 13 in favor of the Buyer in respect of the Seller's rights against and obligations to the Manufacturer under the provisions quoted above, the Buyer hereby accepts such assignment and subrogation and agrees to be bound by all of the terms, conditions and limitations therein contained (specifically including, without limitation, the waiver, release and renunciation provision). THE INDEMNITY PROVIDED IN THIS CLAUSE 13 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRCRAFT, ACCESSORY, EQUIPMENT OR PART, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL SHALL REMAIN IN FULL FORCE AND EFFECT. THIS PATENT INDEMNITY WILL SHALL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER.

UNQUOTE. In consideration of the assignment and subrogation by the Seller under this Clause 13 in favor of the Buyer in respect of the Seller's ’s rights against and obligations to the Manufacturer under the provisions quoted above, the Buyer hereby accepts such assignment and subrogation and agrees to be bound by all of the terms, conditions and limitations therein contained (specifically including, without limitation, the waiver, release and renunciation provision). THE INDEMNITY PROVIDED IN THIS CLAUSE 13 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRCRAFTAIRFRAME, ACCESSORY, EQUIPMENT PART OR PARTSOFTWARE INSTALLED THEREIN AT DELIVERY, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS INDEMNITY AGAINST PATENT INDEMNITY AND COPYRIGHT INFRINGEMENTS WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER.

UNQUOTE. In consideration of the assignment and subrogation by the Seller AVSA under this Clause 13 12 in favor of the Buyer Northwest in respect of the SellerAVSA's rights against and obligations to the Manufacturer under the provisions quoted above, the Buyer Northwest hereby accepts such assignment and subrogation and agrees to be bound by all of the terms, conditions and limitations therein contained (contained, specifically including, without limitation, the waiverfollowing: THIS CLAUSE 12 (INCLUDING ITS SUBCLAUSES) SETS FORTH THE EXCLUSIVE WARRANTIES, release and renunciation provision)EXCLUSIVE LIABILITIES AND EXCLUSIVE OBLIGATIONS OF AVSA, AND THE EXCLUSIVE REMEDIES AVAILABLE TO NORTHWEST, WHETHER UNDER THIS AGREEMENT OR OTHERWISE, ARISING FROM ANY DEFECT OR NONCONFORMITY OR PROBLEM OF ANY KIND IN ANY AIRCRAFT, COMPONENT, EQUIPMENT, ACCESSORY, PART OR SERVICE DELIVERED UNDER THIS AGREEMENT. NORTHWEST RECOGNIZES THAT THE INDEMNITY PROVIDED RIGHTS, WARRANTIES AND REMEDIES IN THIS CLAUSE 13 12 ARE ADEQUATE AND SUFFICIENT TO PROTECT NORTHWEST FROM ANY DEFECT OR NONCONFORMITY OR PROBLEM OF ANY KIND IN THE OBLIGATIONS GOODS AND LIABILITIES OF THE SELLER SERVICES SUPPLIED UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER AGREEMENT. NORTHWEST HEREBY WAIVES, RELEASES AND 50 RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AVSA AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES OF THE BUYER NORTHWEST AGAINST THE SELLERAVSA, WHETHER EXPRESS OR IMPLIEDIMPLIED BY CONTRACT, ARISING BY TORT, OR STATUTORY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES)OTHERWISE, WITH RESPECT TO ANY ACTUAL NONCONFORMITY OR ALLEGED PATENT INFRINGEMENT DEFECT OR THE LIKE BY PROBLEM OF ANY KIND IN ANY AIRCRAFT, COMPONENT, EQUIPMENT, ACCESSORY, EQUIPMENT PART OR PARTSERVICE DELIVERED UNDER THIS AGREEMENT, OR THE USE OR SALE THEREOFINCLUDING, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS PATENT INDEMNITY WILL BUT NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER.LIMITED TO:

UNQUOTE. In consideration of the assignment and subrogation by the Seller under this Clause 13 in favor of the Buyer Buyers in respect of the Seller's rights against and obligations to the Manufacturer under the provisions quoted above, each of the Buyer Buyers hereby accepts such assignment and subrogation and agrees to be bound by all of the terms, conditions and limitations therein contained (specifically including, without limitation, the waiver, release and renunciation provision). THE INDEMNITY PROVIDED IN THIS CLAUSE 13 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND EACH OF THE BUYER BUYERS HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND RIGHTS, CLAIMS AND REMEDIES OF THE ANY BUYER AGAINST THE SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRCRAFTAIRFRAME, ACCESSORY, EQUIPMENT PART OR PARTSOFTWARE INSTALLED THEREIN AT DELIVERY, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS INDEMNITY AGAINST PATENT INDEMNITY AND COPYRIGHT INFRINGEMENTS WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYERBUYERS. AWE/USA - A350 - PA 58 PRIVILEGED AND CONFIDENTIAL The Seller will make available or will cause the Seller's designee ANACS to make available to the Buyers the Technical Data and certain additional services under the terms and conditions set forth in this Clause 14.

UNQUOTE. In consideration of the assignment and subrogation by the Seller under this Clause 13 12 in favor of the Buyer in respect of the Seller's ’s rights against and obligations to the Manufacturer under the provisions quoted above, the Buyer hereby accepts such assignment and subrogation and agrees to be bound by all of the terms, conditions and limitations therein contained (contained, specifically including, without limitation, the waiver, release Exclusivity of Warranties and renunciation provision)General Limitations of Liability provisions and Duplicate Remedies provisions. THE INDEMNITY PROVIDED IN [***] THIS CLAUSE 13 12 (INCLUDING ITS SUBPROVISIONS) SETS FORTH THE EXCLUSIVE WARRANTIES, EXCLUSIVE LIABILITIES AND EXCLUSIVE OBLIGATIONS OF THE SELLER, AND THE OBLIGATIONS AND LIABILITIES EXCLUSIVE REMEDIES AVAILABLE TO THE BUYER, WHETHER UNDER THIS AGREEMENT OR OTHERWISE, ARISING FROM ANY DEFECT OR NONCONFORMITY OF ANY KIND IN ANY AIRCRAFT, COMPONENT, EQUIPMENT, ACCESSORY, PART, SOFTWARE, DATA OR SERVICE DELIVERED BY THE SELLER UNDER THIS AGREEMENT. THE BUYER RECOGNIZES THAT THE RIGHTS, WARRANTIES AND REMEDIES IN THIS CLAUSE 13 12 ARE EXCLUSIVE ADEQUATE AND SUFFICIENT TO PROTECT THE BUYER FROM ANY DEFECT OR NONCONFORMITY OF ANY KIND IN SUBSTITUTION FORANY AIRCRAFT, AND COMPONENT, EQUIPMENT, ACCESSORY, PART, SOFTWARE, DATA OR SERVICE SUPPLIED UNDER THIS AGREEMENT. THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, WHETHER EXPRESS OR IMPLIEDIMPLIED BY CONTRACT, ARISING BY TORT, OR STATUTORY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES)OTHERWISE, WITH RESPECT TO ANY ACTUAL NONCONFORMITY OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY DEFECT OF ANY KIND IN ANY AIRCRAFT, COMPONENT, EQUIPMENT, ACCESSORY, EQUIPMENT OR PART, SOFTWARE, DATA OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS PATENT INDEMNITY WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED SERVICE DELIVERED BY THE SELLER AND THE BUYER.UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO:

UNQUOTE. 5.2 In consideration of the assignment and subrogation by the Seller ANACS under this Clause 13 5 in favor of the Buyer in respect of the Seller's ANACS’s rights against and obligations to the Manufacturer Airbus under the provisions quoted above, the Buyer hereby accepts such assignment and subrogation and agrees to be bound by all of the terms, conditions and limitations therein contained (contained, specifically including, without limitation, the waiverexclusivity of warranties and general limitations of liability provisions contained herein. THIS CLAUSE 5 (INCLUDING ITS SUBPROVISIONS) IN THESE GENERAL CONDITIONS SETS FORTH THE EXCLUSIVE WARRANTIES, release and renunciation provision)EXCLUSIVE CONDITIONS, EXCLUSIVE LIABILITIES AND EXCLUSIVE OBLIGATIONS OF ANACS, AND THE EXCLUSIVE REMEDIES AVAILABLE TO THE BUYER, WHETHER UNDER THESE GENERAL CONDITIONS OR OTHERWISE, ARISING FROM, RELATED TO OR FOR ANY SOFTWARE AND CONTENT THEREOF SUPPLIED HEREUNDER. THE INDEMNITY PROVIDED BUYER RECOGNIZES THAT THE RIGHTS, WARRANTIES AND REMEDIES IN THIS CLAUSE 13 5 ARE ADEQUATE AND SUFFICIENT TO PROTECT THE OBLIGATIONS AND LIABILITIES OF BUYER FROM ANY DEFECT, ERROR, BUG OR NONCONFORMITY IN THE SELLER UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, SOFTWARE SUPPLIED. ANACS EXPRESSLY DISCLAIMS AND THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIESWARRANTIES, WARRANTIESCONDITIONS, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER ANACS AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLERANACS, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF CONTRACT, TORT, STATUTORY LAW OR OTHERWISE (OTHERWISE, ARISING FROM, RELATED TO OR FOR ANY SOFTWARE AND CONTENT THEREOF, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO: ANY OBLIGATIONWARRANTY AGAINST HIDDEN DEFECTS ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR ANY GENERAL OR PARTICULAR PURPOSE; ANY IMPLIED OR EXPRESS WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; ANY RIGHT, CLAIM OR REMEDY FOR BREACH OF CONTRACT; INTREPID – A330-200F PA - Execution Version – 05/2007 66/134 CONFIDENTIAL AND PROPRIETARY INFORMATION ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. APPENDIX A TO CLAUSE 14 ANY RIGHT, CLAIM OR REMEDY FOR TORT, UNDER ANY THEORY OF LIABILITY, HOWEVER ALLEGED, INCLUDING, BUT NOT LIMITED TO, ACTIONS AND/OR CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, INTENTIONAL ACTS, WILLFUL DISREGARD, IMPLIED WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY OR FAILURE TO WARN; ANY RIGHT, CLAIM OR REMEDY ARISING FROM UNDER THE UNIFORM COMMERCIAL CODE OR WITH RESPECT TO ANY OTHER STATE OR FEDERAL STATUTE; ANY RIGHT, CLAIM OR REMEDY ARISING UNDER ANY REGULATIONS OR STANDARDS IMPOSED BY ANY INTERNATIONAL, NATIONAL, STATE OR LOCAL STATUTE OR AGENCY; AND LOSS OF, OR DAMAGE OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES)ANY KIND TO, WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRCRAFT, COMPONENT, EQUIPMENT, ACCESSORY, EQUIPMENT PRODUCT, SOFTWARE, DVD, CD-ROM, SERVICES OR PART, OR PART THEREOF. FOR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER PURPOSES OF THIS CLAUSE WILL REMAIN IN FULL FORCE 5, “SELLER” SHALL INCLUDE ANACS, ITS AFFILIATES, AND EFFECT. THIS PATENT INDEMNITY WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYERANY OF THEIR RESPECTIVE INSURERS.

UNQUOTE. In consideration of the assignment and subrogation by the Seller under this Clause 13 in favor of the Buyer in respect of the Seller's rights against and obligations to the Manufacturer under the provisions quoted above, the Buyer hereby accepts such assignment and subrogation and agrees to be bound by all of the terms, conditions and limitations therein contained (specifically including, without limitation, the waiver, release and renunciation provision). THE INDEMNITY PROVIDED IN THIS CLAUSE 13 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), 77 WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRCRAFT, ACCESSORY, EQUIPMENT OR PART, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS PATENT INDEMNITY WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER.

UNQUOTE. In consideration of the assignment and subrogation by the Seller under this Clause 13 12 in favor of the Buyer Buyers in respect of the Seller's rights against and obligations to the Manufacturer under the provisions quoted above, each of the Buyer Buyers hereby accepts such assignment and subrogation and agrees to be bound by all of the terms, conditions and limitations therein contained (contained, specifically including, without limitation, the waiver, release Exclusivity of Warranties and renunciation provision)General Limitations of Liability provisions and Duplicate Remedies provisions. THE INDEMNITY PROVIDED IN THIS CLAUSE 13 12 (INCLUDING ITS SUBPROVISIONS) SETS FORTH THE EXCLUSIVE WARRANTIES, EXCLUSIVE LIABILITIES AND EXCLUSIVE OBLIGATIONS OF THE SELLER, AND THE OBLIGATIONS AND LIABILITIES EXCLUSIVE REMEDIES AVAILABLE TO THE BUYERS, WHETHER UNDER THIS AGREEMENT OR OTHERWISE, ARISING FROM ANY DEFECT OR NONCONFORMITY OR PROBLEM OF ANY KIND IN ANY AIRCRAFT, COMPONENT, EQUIPMENT, ACCESSORY, PART, SOFTWARE, DATA OR SERVICE DELIVERED BY THE SELLER UNDER THIS AGREEMENT. EACH OF THE BUYERS RECOGNIZES THAT THE RIGHTS, WARRANTIES AND REMEDIES IN THIS CLAUSE 13 12 ARE EXCLUSIVE ADEQUATE AND SUFFICIENT TO PROTECT THE BUYERS FROM ANY DEFECT OR NONCONFORMITY OR PROBLEM OF ANY KIND IN SUBSTITUTION FOR, THE GOODS AND SERVICES SUPPLIED UNDER THIS AGREEMENT. EACH OF THE BUYER BUYERS HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES OF THE ANY BUYER AGAINST THE SELLER, WHETHER EXPRESS OR IMPLIEDIMPLIED BY CONTRACT, ARISING BY TORT, OR STATUTORY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES)OTHERWISE, WITH RESPECT TO ANY ACTUAL NONCONFORMITY OR ALLEGED PATENT INFRINGEMENT DEFECT OR THE LIKE BY PROBLEM OF ANY KIND IN ANY AIRCRAFT, COMPONENT, EQUIPMENT, ACCESSORY, EQUIPMENT OR PART, SOFTWARE, DATA OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS PATENT INDEMNITY WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED SERVICE DELIVERED BY THE SELLER AND THE BUYER.UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO:

UNQUOTE. In consideration of the assignment and subrogation by the Seller under this Clause 13 Condition 6 in favor of the Buyer in respect of the Seller's rights against and obligations to the Manufacturer under the provisions quoted above, the Buyer hereby accepts such assignment and subrogation and agrees to be bound by all of the terms, conditions and limitations therein contained (contained, specifically including, without limitation, the waiverExclusivity of Warranties and General Limitations of Liability provisions and Duplicate Remedies provisions. THIS CONDITION 6 (INCLUDING ITS SUB-PROVISIONS) SETS FORTH THE EXCLUSIVE WARRANTIES, release and renunciation provision). THE INDEMNITY PROVIDED IN THIS CLAUSE 13 EXCLUSIVE LIABILITIES AND THE EXCLUSIVE OBLIGATIONS AND LIABILITIES OF THE SELLER AND THE EXCLUSIVE REMEDIES AVAILABLE TO THE BUYER, WHETHER UNDER THIS CLAUSE 13 LETTER AGREEMENT OR THE AGREEMENT OR OTHERWISE, ARISING FROM ANY DEFECT OR NON-CONFORMITY OR PROBLEM OF ANY KIND IN ANY AIRCRAFT, COMPONENT, EQUIPMENT, ACCESSORY, PART OR SERVICE DELIVERED UNDER THIS LETTER AGREEMENT OR THE AGREEMENT. THE BUYER RECOGNIZES THAT THE RIGHTS, WARRANTIES AND REMEDIES IN THIS CONDITION 6 ARE EXCLUSIVE ADEQUATE AND SUFFICIENT TO LA4-70 PROTECT THE BUYER FROM ANY DEFECT OR NON-CONFORMITY OR PROBLEM OF ANY KIND IN SUBSTITUTION FOR, THE GOODS AND SERVICES SUPPLIED UNDER THIS LETTER AGREEMENT OR THE AGREEMENT. THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, WHETHER EXPRESS OR IMPLIEDIMPLIED BY CONTRACT, ARISING BY TORT OR STATUTORY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES)OTHERWISE, WITH RESPECT TO ANY ACTUAL NON-CONFORMITY OR ALLEGED PATENT INFRINGEMENT DEFECT OR THE LIKE BY PROBLEM OF ANY KIND IN ANY AIRCRAFT, COMPONENT, EQUIPMENT, ACCESSORY, EQUIPMENT PART OR PARTSERVICE DELIVERED UNDER THE AGREEMENT OR THIS LETTER AGREEMENT, OR THE USE OR SALE THEREOFINCLUDING, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS PATENT INDEMNITY WILL BUT NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER.LIMITED TO:

UNQUOTE. In consideration of the assignment and subrogation by the Seller under this Clause 13 12 in favor of the Buyer in respect of the Seller's rights against and obligations to the Manufacturer under the provisions quoted above, the Buyer hereby accepts such assignment and subrogation and agrees to be bound by all of the terms, conditions and limitations therein contained (contained, specifically including, without limitation, the waiverExclusivity of Warranties and General Limitations of Liability provisions and Duplicate Remedies provisions. THIS CLAUSE 12 (INCLUDING ITS SUBPROVISIONS) SETS FORTH THE EXCLUSIVE WARRANTIES, release and renunciation provision)EXCLUSIVE LIABILITIES AND EXCLUSIVE OBLIGATIONS OF THE SELLER, AND THE EXCLUSIVE REMEDIES AVAILABLE TO THE BUYER, WHETHER UNDER THIS AGREEMENT OR OTHERWISE, ARISING FROM ANY DEFECT OR NONCONFORMITY OR PROBLEM OF ANY KIND IN ANY AIRCRAFT, COMPONENT, EQUIPMENT, ACCESSORY, PART OR SERVICE DELIVERED UNDER THIS AGREEMENT. THE INDEMNITY PROVIDED BUYER RECOGNIZES THAT THE RIGHTS, WARRANTIES AND REMEDIES IN THIS CLAUSE 13 12 ARE ADEQUATE AND SUFFICIENT TO PROTECT THE OBLIGATIONS BUYER FROM ANY DEFECT OR NONCONFORMITY OR PROBLEM OF ANY KIND IN THE GOODS AND LIABILITIES OF THE SELLER SERVICES SUPPLIED UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND AGREEMENT. THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, WHETHER EXPRESS OR IMPLIEDIMPLIED BY CONTRACT, ARISING BY TORT, OR STATUTORY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES)OTHERWISE, WITH RESPECT TO ANY ACTUAL NONCONFORMITY OR ALLEGED PATENT INFRINGEMENT DEFECT OR THE LIKE BY PROBLEM OF ANY KIND IN ANY AIRCRAFT, COMPONENT, EQUIPMENT, ACCESSORY, EQUIPMENT PART OR PARTSERVICE DELIVERED UNDER THIS AGREEMENT, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS PATENT INDEMNITY WILL INCLUDING BUT NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER.LIMITED TO:

UNQUOTE. In consideration of the assignment and subrogation by the Seller under this Clause 13 12 in favor of the Buyer in respect of the Seller's rights against and obligations to the Manufacturer under the provisions quoted above, the Buyer hereby accepts such assignment and subrogation and agrees to be bound by all of the terms, conditions and limitations therein contained (contained, specifically including, without limitation, the waiverExclusivity of Warranties and General Limitations of Liability provisions and Duplicate Remedies provisions. THIS CLAUSE 12 (INCLUDING ITS SUB-PROVISIONS) SETS FORTH THE EXCLUSIVE WARRANTIES, release and renunciation provision)EXCLUSIVE LIABILITIES AND EXCLUSIVE OBLIGATIONS OF THE SELLER, AND THE EXCLUSIVE REMEDIES AVAILABLE TO THE BUYER, WHETHER UNDER THIS AGREEMENT OR OTHERWISE, ARISING FROM ANY DEFECT OR NON-CONFORMITY OR PROBLEM OF ANY KIND IN ANY AIRCRAFT, COMPONENT, EQUIPMENT, ACCESSORY, PART OR SERVICE DELIVERED UNDER THIS AGREEMENT. THE INDEMNITY PROVIDED BUYER RECOGNIZES THAT THE RIGHTS, WARRANTIES AND REMEDIES IN THIS CLAUSE 13 12 ARE ADEQUATE AND SUFFICIENT TO PROTECT THE OBLIGATIONS BUYER FROM ANY DEFECT OR NON-CONFORMITY OR PROBLEM OF ANY KIND IN THE GOODS AND LIABILITIES OF THE SELLER SERVICES SUPPLIED UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND AGREEMENT. THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, WHETHER EXPRESS OR IMPLIEDIMPLIED BY CONTRACT, ARISING BY TORT OR STATUTORY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES)OTHERWISE, WITH RESPECT TO ANY ACTUAL NON-CONFORMITY OR ALLEGED PATENT INFRINGEMENT DEFECT OR THE LIKE BY PROBLEM OF ANY KIND IN ANY AIRCRAFT, COMPONENT, EQUIPMENT, ACCESSORY, EQUIPMENT PART OR PARTSERVICE DELIVERED UNDER THIS AGREEMENT, OR THE USE OR SALE THEREOFINCLUDING, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS PATENT INDEMNITY WILL BUT NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER.LIMITED TO:

UNQUOTE. In consideration of the assignment and subrogation by the Seller under this Clause 13 in favor of the Buyer in respect of the Seller's rights against and obligations to the Manufacturer under the provisions quoted aboveWE UNDERTAKE THAT CLAIMS RECEIVED UNDER AND IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS STANDBY LETTER OF CREDIT WILL BE DULY HONORED IF RECEIVED BY US ON OR BEFORE THE EXPIRATION DATE. .. WE FURTHER UNDERTAKE TO HOLD YOU HARMLESS AND INDEMNIFIED FROM ANY ADVERSE CONSEQUENCES WHATSOEVER, the Buyer hereby accepts such assignment and subrogation and agrees to be bound by all of the termsRESULTING FROM YOUR ACCEPTANCE OF THE INSTRUCTIONS FROM WYETH IN ACCORDANCE WITH ANNEX I ATTACHED HERETO, conditions and limitations therein contained (specifically includingIN WHATEVER WAY THEY MAY HAVE BEEN ISSUED, without limitationSPECIFICALLY, the waiver, release and renunciation provision). THE INDEMNITY PROVIDED IN THIS CLAUSE 13 BUT NOT LIMITED TO CONSEQUENCES RELATING TO CREDIT DOCUMENTATION AND THE OBLIGATIONS AND LIABILITIES VALIDITY OF THE SELLER SIGNATURES ON THE INSTRUCTIONS. .. THE MAXIMUM AMOUNT OF THIS STANDBY LETTER OF CREDIT WILL BE DECREASED BY ANY PAYMENTS MADE UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FORIT, AND THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRCRAFT, ACCESSORY, EQUIPMENT OR PART, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE FOR THE BALANCE. .. THIS STANDBY LETTER OF CREDIT IS SUBJECT TO ICC UCP FOR DOCUMENTARY CREDITS, ICC PUBLICATION NO. 500. .. THIS IS THE OPERATIVE CREDIT INSTRUMENT. NO CONFIRMATION WILL FOLLOW. ANNEX I TO LETTER OF CREDIT PROCEDURE OF ISSUANCE OF THIRD PARTY GUARANTEES ----------------------------------------------- SUBJECT TO RECEIPT BY THE BANK AT ITS OFFICE IN ROTTERDAM, THE NETHERLANDS, NOT LATER THAN THREE BUSINESS DAYS PRIOR TO THE DATE OF A PROPOSED ISSUANCE OF ANY THIRD PARTY GUARANTEE (OR SUCH LATER DATE AS THE BANK SHALL AGREE), OF A REQUEST FOR THE ISSUANCE OF SUCH THIRD PARTY GUARANTEE AND EFFECTSUBJECT TO RECEIPT (AT THE TIME SUCH THIRD PARTY GUARANTEE IS TO BE ISSUED) BY THE BANK AT ITS OFFICE IN ROTTERDAM, THE NETHERLANDS, OF THE ORIGINAL OF THE THEN OUTSTANDING SVG GUARANTEE FOR REPLACEMENT, THE BANK SHALL (I) DELIVER TO THE PERSON INDICATED IN THE REQUEST THE NEW THIRD PARTY GUARANTEE AND (II) REPLACE THE THEN OUTSTANDING SVG GUARANTEE WITH A NEW SVG GUARANTEE IN THE FORM OF EXHIBIT B HERETO, WHICH SHALL SPECIFY THE NAME OF EACH THIRD PARTY TO WHOM THIRD PARTY GUARANTEES HAVE THERETOFORE BEEN ISSUED AND THE MAXIMUM AMOUNT COVERED BY EACH SUCH THIRD PARTY GUARANTEE. A REQUEST MAY BE SENT BY FACSIMILE, BY UNITED STATES MAIL, BY OVERNIGHT COURIER, BY PERSONAL DELIVERY OR BY ANY OTHER MEANS ACCEPTABLE TO THE BANK. IF A THIRD PARTY GUARANTEE IS TO HAVE CHANGES FROM, OR IS TO BE IN A DIFFERENT FORM FROM, EXHIBIT C ATTACHED HERETO, SUCH CHANGES OR OTHER FORM SHALL BE AGREED UPON BETWEEN WYETH, THE THIRD PARTY, SVG, AND BOTH BRANCHES OF THE BANK BEFORE THE REQUEST IS FURNISHED. FOR PURPOSES OF THIS PATENT INDEMNITY WILL NOT ANNEX, THE FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS: AUTHORIZED REPRESENTATIVE MEANS EACH REPRESENTATIVE OF WYETH WHO IS AUTHORIZED TO EXECUTE A REQUEST ON BEHALF OF WYETH, AS EVIDENCED IN AN INCUMBENCY CERTIFICATE DELIVERED TO YOU BY US (AS THE SAME MAY BE EXTENDEDMODIFIED OR SUPPLEMENTED FROM TIME TO TIME BY NOTICE TO YOU BY US). BANK MEANS ABN AMRO BANK N.V. REQUEST MEANS, ALTERED OR VARIED EXCEPT AT ANY TIME, A REQUEST (WHICH SHALL BE IN WRITING, INCLUDING BY FACSIMILE) FOR A WRITTEN INSTRUMENT THIRD PARTY GUARANTEE TO BE ISSUED BY THE BANK, WHICH REQUEST SHALL CONSIST OF (I) A LETTER FROM WYETH (SIGNED BY AN AUTHORIZED REPRESENTATIVE OF WYETH), SPECIFYING (A) THE SELLER REQUESTED ISSUANCE DATE, (B) THE NAME AND CONTACT INFORMATION OF THE BUYERPERSON TO WHOM SUCH THIRD PARTY GUARANTEE IS TO BE DELIVERED AND (C) THE MANNER OF SUCH DELIVERY, AND (II) A JOINT LETTER FROM WYETH (SIGNED BY AN AUTHORIZED REPRESENTATIVE OF WYETH) AND SVG AUTHORIZING OR CONSENTING TO SUCH ISSUANCE AND SPECIFYING (A) THE NAME OF EACH THIRD PARTY IN FAVOR OF WHICH THE RESPECTIVE THIRD PARTY GUARANTEE IS REQUESTED TO BE ISSUED AND (B) THE MAXIMUM AMOUNT COVERED BY SUCH THIRD PARTY GUARANTEE.

UNQUOTE. In consideration of the assignment and subrogation by the Seller under this Clause 13 12 in favor of the Buyer in respect of the Seller's rights against and obligations to the Manufacturer under the provisions quoted above, the Buyer hereby accepts such assignment and subrogation and agrees to be bound by all of the terms, conditions and limitations therein contained (contained, specifically including, without limitation, the waiver, release Exclusivity of Warranties and renunciation provision)General Limitations of Liability provisions and Duplicate Remedies provisions. THE INDEMNITY PROVIDED IN THIS CLAUSE 13 12 (INCLUDING ITS SUBPROVISIONS) SETS FORTH THE EXCLUSIVE WARRANTIES, EXCLUSIVE LIABILITIES AND EXCLUSIVE OBLIGATIONS OF THE SELLER, AND THE OBLIGATIONS AND LIABILITIES OF EXCLUSIVE REMEDIES AVAILABLE TO THE SELLER BUYER, WHETHER UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND AGREEMENT OR OTHERWISE, ARISING FROM ANY DEFECT OR NONCONFORMITY OF ANY KIND IN SUBSTITUTION FORANY AIRCRAFT, AND COMPONENT, EQUIPMENT, ACCESSORY, PART OR SERVICE DELIVERED UNDER THIS AGREEMENT. THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, WHETHER EXPRESS OR IMPLIEDIMPLIED BY CONTRACT, ARISING BY TORT, OR STATUTORY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES)OTHERWISE, WITH RESPECT TO ANY ACTUAL NONCONFORMITY OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY DEFECT OF ANY KIND IN ANY AIRCRAFT, COMPONENT, EQUIPMENT, ACCESSORY, EQUIPMENT PART OR PARTSERVICE DELIVERED UNDER THIS AGREEMENT, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS PATENT INDEMNITY WILL INCLUDING BUT NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER.LIMITED TO:

UNQUOTE. In consideration of the assignment and subrogation by the Seller AVSA under this Clause 13 in favor of the Buyer Northwest in respect of the SellerAVSA's rights against and obligations to the Manufacturer under the provisions quoted above, the Buyer Northwest hereby accepts such assignment and subrogation and agrees to be bound by all of the terms, conditions and limitations therein contained (specifically including, without limitation, the waiver, release and renunciation provision). THE INDEMNITY PROVIDED IN THIS CLAUSE 13 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER AVSA UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER NORTHWEST HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AVSA AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER NORTHWEST AGAINST THE SELLERAVSA, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRCRAFT, ACCESSORY, EQUIPMENT OR PART, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL SHALL REMAIN IN FULL FORCE AND EFFECT. THIS PATENT INDEMNITY WILL SHALL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AVSA AND THE BUYERNORTHWEST.

UNQUOTE. In consideration of the assignment and subrogation by the Seller under this Clause 13 in favor of the Buyer in respect of the Seller's rights against and obligations to the Manufacturer under the provisions quoted above, the Buyer hereby accepts such assignment and subrogation and agrees to be bound by all of the terms, conditions and limitations therein contained (specifically including, without limitation, the waiver, release and renunciation provision). THE INDEMNITY PROVIDED IN THIS CLAUSE 13 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRCRAFTAIRFRAME, ACCESSORY, EQUIPMENT PART OR PARTSOFTWARE INSTALLED THEREIN AT DELIVERY, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS INDEMNITY AGAINST PATENT INDEMNITY AND COPYRIGHT INFRINGEMENTS WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYER.

UNQUOTE. 4.2 In consideration of the assignment and subrogation by the Seller ANACS under this Clause 13 4 in favor of the Buyer in respect of the Seller's ANACS’s rights against and obligations to the Manufacturer Airbus under the provisions quoted above, the Buyer hereby accepts such assignment and subrogation and agrees to be bound by all of the terms, conditions and limitations therein contained (specifically including, without limitation, the waiver, release and renunciation provision). INTREPID – A330-200F PA - Execution Version – 05/2007 63/134 CONFIDENTIAL AND PROPRIETARY INFORMATION ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. APPENDIX A TO CLAUSE 14 THE INDEMNITY PROVIDED IN THIS CLAUSE 13 4 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER ANACS UNDER THIS CLAUSE 13 4 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND THE BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER ANACS AND RIGHTS, CLAIMS AND REMEDIES OF THE BUYER AGAINST THE SELLERANACS AND ITS AFFILIATES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRCRAFT, ACCESSORY, EQUIPMENT OR PARTSOFTWARE, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE PROVISION WILL REMAIN IN FULL FORCE AND EFFECT. THIS INDEMNITY AGAINST PATENT INDEMNITY AND COPYRIGHT INFRINGEMENTS WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER ANACS AND THE BUYER.

UNQUOTE. In consideration of the assignment and subrogation by the Seller under this Clause 13 in favor of the Buyer Buyers in respect of the Seller's rights against and obligations to the Manufacturer under the provisions quoted above, each of the Buyer Buyers hereby accepts such assignment and subrogation and agrees to be bound by all of the terms, conditions and limitations therein contained (specifically including, without limitation, the waiver, release and renunciation provision). THE INDEMNITY PROVIDED IN THIS CLAUSE 13 AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER UNDER THIS CLAUSE 13 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND EACH OF THE BUYER BUYERS HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND RIGHTS, CLAIMS AND REMEDIES OF THE ANY BUYER AGAINST THE SELLER, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES), WITH RESPECT TO ANY ACTUAL OR ALLEGED PATENT INFRINGEMENT OR THE LIKE BY ANY AIRCRAFTAIRFRAME, ACCESSORY, EQUIPMENT PART OR PARTSOFTWARE INSTALLED THEREIN AT DELIVERY, OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS INDEMNITY AGAINST PATENT INDEMNITY AND COPYRIGHT INFRINGEMENTS WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY THE SELLER AND THE BUYERBUYERS.

UNQUOTE. In consideration of the assignment and subrogation by the Seller under this Clause 13 12 in favor of the Buyer Buyers in respect of the Seller's rights against and obligations to the Manufacturer under the provisions quoted above, each of the Buyer Buyers hereby accepts such assignment and subrogation and agrees to be bound by all of the terms, conditions and limitations therein contained (contained, specifically including, without *** Confidential Treatment Requested AWE/USA - A350 - PA 52 PRIVILEGED AND CONFIDENTIAL limitation, the waiver, release Exclusivity of Warranties and renunciation provision)General Limitations of Liability provisions and Duplicate Remedies provisions. THE INDEMNITY PROVIDED IN THIS CLAUSE 13 12 (INCLUDING ITS SUBPROVISIONS) SETS FORTH THE EXCLUSIVE WARRANTIES, EXCLUSIVE LIABILITIES AND EXCLUSIVE OBLIGATIONS OF THE SELLER, AND THE OBLIGATIONS AND LIABILITIES EXCLUSIVE REMEDIES AVAILABLE TO THE BUYERS, WHETHER UNDER THIS AGREEMENT OR OTHERWISE, ARISING FROM ANY DEFECT OR NONCONFORMITY OR PROBLEM OF ANY KIND IN ANY AIRCRAFT, COMPONENT, EQUIPMENT, ACCESSORY, PART, SOFTWARE, DATA OR SERVICE DELIVERED BY THE SELLER UNDER THIS AGREEMENT. EACH OF THE BUYERS RECOGNIZES THAT THE RIGHTS, WARRANTIES AND REMEDIES IN THIS CLAUSE 13 12 ARE EXCLUSIVE ADEQUATE AND SUFFICIENT TO PROTECT THE BUYERS FROM ANY DEFECT OR NONCONFORMITY OR PROBLEM OF ANY KIND IN SUBSTITUTION FOR, THE GOODS AND SERVICES SUPPLIED UNDER THIS AGREEMENT. EACH OF THE BUYER BUYERS HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER INDEMNITIES, WARRANTIES, OBLIGATIONS, GUARANTEES AND LIABILITIES ON THE PART OF THE SELLER AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES OF THE ANY BUYER AGAINST THE SELLER, WHETHER EXPRESS OR IMPLIEDIMPLIED BY CONTRACT, ARISING BY TORT, OR STATUTORY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY ARISING FROM OR WITH RESPECT TO LOSS OF USE OR REVENUE OR CONSEQUENTIAL DAMAGES)OTHERWISE, WITH RESPECT TO ANY ACTUAL NONCONFORMITY OR ALLEGED PATENT INFRINGEMENT DEFECT OR THE LIKE BY PROBLEM OF ANY KIND IN ANY AIRCRAFT, COMPONENT, EQUIPMENT, ACCESSORY, EQUIPMENT OR PART, SOFTWARE, DATA OR THE USE OR SALE THEREOF, PROVIDED THAT, IN THE EVENT THAT ANY OF THE AFORESAID PROVISIONS SHOULD FOR ANY REASON BE HELD UNLAWFUL OR OTHERWISE INEFFECTIVE, THE REMAINDER OF THIS CLAUSE WILL REMAIN IN FULL FORCE AND EFFECT. THIS PATENT INDEMNITY WILL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED SERVICE DELIVERED BY THE SELLER AND THE BUYER.UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO: