EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES. NETIQ AND ITS SUPPLIERS WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES has been the subject of discussion and negotiation and is understood by the parties; the Aircraft Price arid other agreements of the parties stated in this Purchase Agreement were arrived at in consideration of such provisions. This Purchase Agreement, including the AGTA, contains the entire agreement between the parties and supersedes all previous proposals, understandings, commitments or representations whatsoever, oral or written, and may be changed only in writing signed by authorized representatives of the parties. AGREED AND ACCEPTED this August 8, 2012 Date THE BOEING COMPANY XIAMEN AIRLINES /s/ Mixxxx Xxxxxxx /s/ Che Shang Lun Signature Signature Mixxxx Xxxxxxx Printed name Printed name Attorney-in-Fact Title Title XIA-PA-03757-EXA PA Page 5 BOEING PROPRIETARY Table 1 To Purchase Agreement No. PA-03757 Aircraft Delivery, Description, Price and Advance Payments Airframe Model/MTOW: 737-800 171500 pounds Detail Specification: D019A001XIA38P-3 (8/24/2011) Engine Model/Thrust: CFM56-7B24 24000 pounds Airframe Price Base Year/Escalation Formula: Jul-11 ECI-W Afm Airframe Price: $ 76,893,000 Engine Price Base Year/Escalation Formula: N/A N/A Optional Features: *** Sub-Total of Airframe and Features: *** Airframe Escalation Data: Engine Price (Per Aircraft): $ 0 Base Year Index (ECI): 114.3 Aircraft Basic Price (Excluding BFE/SPE): *** Base Year Index (ICI): 186.9 Buyer Furnished Equipment (BFE) Estimate: $ 0 Seller Purchased Equipment (SPE) Estimate: *** Deposit per Aircraft: *** Escalation Escalation Estimate Advance Payment Per Aircraft (Amts. Due/Mos. Prior to Delivery): Delivery Number of Factor Adv Payment Base At Signing 24 Mos. 21/18/12/9/6 Mos. Total Date Aircraft (Airframe) Price Per A/P 1% 4% 5% 30% Mar-2016 1 1.183 *** Apr-2016 2 1.1854 May-2016 1 1.186 Jun-2016 2 1.1877 Jul-2016 2 1.1907 Aug-2016 2 1.1948 Dec-2016 1 1.204 Jan-2017 2 1.2083 Mar-2017 2 1.2173 XIA-PA-03757 60496-1F.TXT Page 1 BOEING PROPRIETARY Table 1 To Purchase Agreement No. PA-03757 Aircraft Delivery, Description, Price and Advance Payments Escalation Escalation Estimate Advance Payment Per Aircraft (Amts. Due/Mos. Prior to Delivery): Delivery Number of Factor Adv Payment Base At Signing 24 Mos. 21/18/12/9/6 Mos. Total Date Aircraft (Airframe) Price Per A/P 1% 4% 5% 30% Apr-2017 2 1.2194 May-2017 3 1.2193 Jun-2017 3 1.221 Jul-2017 2 1.2238 Aug-2017 2 1.2279 Jan-2018 2 1.2416 Mar-2018 1 1.2518 Apr-2018 1 1.254 May-2018 2 1.2541 Jun-2018 1 1.2553 Jul-2018 1 1.2584 Jan-2019 1 1...
EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES. BOEING WILL HAVE NO OBLIGATION OR LIABILITY, WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF BOEING, OR OTHERWISE, FOR LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN ANY AIRCRAFT, MATERIALS, TRAINING, SERVICES OR OTHER THING PROVIDED UNDER THIS AGTA AND THE APPLICABLE PURCHASE AGREEMENT.
EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES. BOEING WILL HAVE NO OBLIGATION OR LIABILITY, WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF BOEING, OR OTHERWISE, FOR LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN ANY AIRCRAFT, MATERIALS, TRAINING, SERVICES OR OTHER THING PROVIDED UNDER THE AIRCRAFT AGREEMENT.
EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES. BOEING WILL HAVE NO OBLIGATION OR LIABILITY, WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT (INCLUDING ACTIVE, PASSIVE OR IMPUTED NEGLIGENCE) OR OTHERWISE, FOR LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN ANY AIRCRAFT OR OTHER THING PROVIDED UNDER THIS AGREEMENT.
EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES has been the subject of discussion and negotiation and is understood by the parties. The Aircraft Price and other agreements of the parties stated in this Purchase Agreement were arrived at in consideration of such provisions. This Purchase Agreement, including the AGTA, contains the entire agreement between the parties and supersedes all previous proposals, understandings, commitments or representations whatsoever, oral or written, and may be changed only in writing signed by authorized representatives of the parties.
EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES has been the subject of discussion and negotiation and is understood by the parties; the Aircraft Price and other agreements of the parties stated in this Purchase Agreement were arrived at in consideration of such provisions. This Purchase Agreement, including the XXXX, XXX-XX-00000 SA-2 BOEING PROPRIETARY Table 1A To Purchase Agreement No. PA-03729 Aircraft Delivery, Description, Price and Advance Payments 737-8 Aircraft Airframe Model/MTOW: 737-8 175900 pounds Detail Specification: D019A001-TBD (10/27/2011) Engine Model/Thrust: CFMLEAP-1B26 tbd Airframe Price Base Year/Escalation Formula: Jul-11 ECI-MFG/CPI Airframe Price: *** Engine Price Base Year/Escalation Formula: N/A N/A Optional Features: *** Sub-Total of Airframe and Features: *** Airframe Escalation Data: Engine Price (Per Aircraft): *** Base Year Index (ECI): *** Aircraft Basic Price (Excluding BFE/SPE): *** Base Year Index (CPI): *** Buyer Furnished Equipment (BFE) Estimate: *** //Seller Purchased Equipment (SPE)/In-Flight *** Entertainment (IFE)// Estimate: DeliveryDate* Number of Aircraft EscalationFactor(Airframe) ManufacturerSerialNumber Aircraft Block Notes Escalation EstimateAdv Payment BasePrice Per A/P Advance Payment Per Aircraft (Amts. Due/Mos. Prior to Delivery): At Signing *** 24 Mos. *** 21/18/12/9/6 Mos. *** Total *** Jul-2017 1 *** 36929 A Note 1 *** *** *** *** *** Jul-2017 2 *** C Note 1 *** *** *** *** *** Aug-2017 3 *** 36979, 36930, 36984 A Note 1 *** *** *** *** *** Aug-2017 3 *** C Note 1 *** *** *** *** *** Sep-2017 1 *** 36934 A Note 1 *** *** *** *** *** Oct-2017 1 *** 36988 A *** *** *** *** *** Oct-2017 1 *** C *** *** *** *** *** Nov-2017 1 *** 36989 A *** *** *** *** *** Nov-2017 1 *** C *** *** *** *** *** Jan-2018 1 *** 42544 A *** *** *** *** *** Jan-2018 1 *** C *** *** *** *** *** Mar-2018 1 *** C *** *** *** *** *** Jun-2018 1 *** 42546 A *** *** *** *** *** Jul-2018 1 *** 42547 A *** *** *** *** *** Jul-2018 1 *** C *** *** *** *** *** Aug-2018 1 *** 42548 A *** *** *** *** *** Sep-2018 1 *** *** *** *** *** *** XX-0 XXX-XX-00000 58680-1F.TXT BOEING PROPRIETARY Page 1 Table 1A To Purchase Agreement No. PA-03729 Aircraft Delivery, Description, Price and Advance Payments 737-8 Aircraft DeliveryDate* Number ofAircraft EscalationFactor(Airframe) ManufacturerSerialNumber Aircraft Block Notes Escalation EstimateAdv Payment BasePrice Per A/P Advance Payment Per Aircraft (Amts. Due/Mos. Prior to Delivery): At Signing *** 24 Mos. *** 21/18/12/9/6 Mos. *** Total *** ...
EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS CONTRACT, NEITHER PARTY SHALL UNDER ANY CIRCUMSTANCES, UNDER ANY WARRANTY (EXPRESS, IMPLIED, OR STATUTORY) OR UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE, TORT, STRICT LIABILITY, CONTRACT, OR OTHER LEGAL OR EQUITABLE THEORY) HAVE ANY LIABILITY TO EACH OTHER OR TO CUSTOMER OR CUSTOMER’S CUSTOMERS OR TO ANYONE ELSE FOR ANY PUNITIVE, SPECIAL, CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES, WHETHER OR NOT FORESEEABLE, INCLUDING BUT NOT LIMITED TO LOST REVENUES OR PROFITS, COST OF CAPITAL, OR ANY OTHER FORM OF ECONOMIC LOSS RESULTING FROM ANY BREACH OF THIS CONTRACT OR WITH RESPECT TO ANY DEFECT IN DESIGN OR MANUFACTURE, NON-CONFORMANCE OR DEFICIENCY IN ANY INFORMATION, INSTRUCTIONS, SERVICES OR OTHER THINGS PROVIDED PURSUANT TO THIS CONTRACT.
EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES has been the subject of discussion and negotiation and is understood by the parties; the Aircraft Price and other agreements of the parties stated in this Purchase Agreement were arrived at in consideration of such provisions. This Purchase Agreement, including the AGTA, contains the entire agreement between the parties and supersedes all previous proposals, understandings, commitments or representations whatsoever, oral or written, and may be changed only in writing signed by authorized representatives of the parties. P.A. 3866 October 10, 2012 BOEING PROPRIETARY AGREED AND ACCEPTED this October 10, 2012 Date THE BOEING COMPANY ALASKA AIRLINES, INC. /s/ Xxxxxx Xxxxx /s/ Xxxx Xxxxxxx Signature Signature Xxxxxx Xxxxx Xxxx Xxxxxxx Printed name Printed name Attorney-in-Fact VP/Finance & Treasurer Title Title P.A. 3866 October 10, 2012 Page 7 BOEING PROPRIETARY Table 1A To Purchase Agreement No. PA-03866 Aircraft Delivery, Description, Price and Advance Payments [ * * * ] P.A. 3866 October 10, 2012 Page 8 BOEING PROPRIETARY Table 1B To Purchase Agreement No. PA-03866 Aircraft Delivery, Description, Price and Advance Payments [ * * * ] P.A. 3866 October 10, 2012 Page 9 BOEING PROPRIETARY AIRCRAFT CONFIGURATION between THE BOEING COMPANY and ALASKA AIRLINES, INC. Exhibit A-1 to Purchase Agreement Number 3866 BOEING MODEL 737-8 AIRCRAFT P.A. 3866 October 10, 2012 Page 1 BOEING PROPRIETARY AIRCRAFT CONFIGURATION Dated TBD relating to
EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES. BOEING WILL HAVE NO OBLIGATION OR LIABILITY, WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT (WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF BOEING) OR OTHERWISE, FOR LOSS OF USE, REVENUE OR PROFIT OR FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN ANY SPARE PARTS, AIRCRAFT SOFTWARE, STANDARDS, REPAIR/OVERHAUL/EXCHANGE PARTS, LEASED PARTS, LEASED TOOLS, MATERIALS AND INFORMATION, SERVICES (INCLUDING, BUT NOT LIMITED TO, TECHNICAL ASSISTANCE AND TECHNICAL CONSULTING) OR ANY OTHER THINGS PROVIDED UNDER ANY SLA OR ANY ORDER, OR IN ANY BOEING SPARE PARTS, AIRCRAFT SOFTWARE, STANDARDS AVAILABLE THROUGH THE SPARES CATALOG, REPAIR/OVERHAUL/EXCHANGE PARTS, OR MATERIALS AND INFORMATION PROVIDED TO CUSTOMER BY A THIRD PARTY.
