exv10w17wh






Exhibit 10.17(h)




AMENDMENT No. 8 TO PURCHASE AGREEMENT DCT-025/2003



This Amendment No. 8 to Purchase Agreement DCT-025/2003, dated as of March 11, 2010
(“Amendment 8”) relates to the Purchase Agreement DCT-025/2003 (“Purchase Agreement”) between
Embraer — Empresa Brasileira de Aeronáutica S.A. (“Embraer”) and JetBlue Airways Corporation
(“Buyer”) dated June 9, 2003 (as amended and supplemented from time to time the “Agreement”). This
Amendment 8 is executed between Embraer and Buyer, collectively referred to herein as the
“Parties”.



This Amendment No. 8 sets forth the further agreement between Embraer and Buyer relative to, among
other things, the implement of certain changes to the Aircraft configuration which cause [***] in
the Aircraft Basic Price. All terms defined in the Purchase Agreement shall have the same meaning
when used herein and in case of any conflict between this Amendment 8 and the Purchase Agreement,
this Amendment 8 shall control.



Now, therefore, for good and valuable consideration, which is hereby acknowledged, Embraer and
Buyer hereby agree as follows:



1. CHANGE IN THE AIRCRAFT CONFIGURATION



1.1 New Galley Trolleys



The Firm Aircraft #[***] Aircraft shall be delivered with the trolleys new light weight galley
trolley (full-size waste trolley PN TG506001, half-size waste trolley PN TH506001 and half-size
meal trolley PN TL500024. There will be [***] of the affected Aircraft as a result of this
modification that must be considered in the Aircraft performance guarantees as provided in the
Purchase Agreement. The Basic Price for the affected Aircraft shall be [***] US$ [***] United
States dollars) in [***].



1.2 New Recording System to comply with FAA Operational requirements



The Firm Aircraft #[***] Aircraft shall be delivered with new FDR system that shall comply with FAA
new operation requirements regarding the recording systems of aircraft manufactured after April
7th, 2010 operating under FAR chapters 91,121, 125, 129 or 135. There will be [***] of the affected
Aircraft as a result of this modification that must be considered in the Aircraft performance
guarantees as provided in the Purchase Agreement. The Basic Price for the affected Aircraft shall
be [***] US$[***] ([***] United States dollars) in [***].




2. AIRCRAFT PRICES



2.1 Aircraft Basic Price for Firm Aircraft: Due to changes in the Aircraft configuration, Article
3.1 of the Purchase Agreement shall be deleted and replaced as follows:



3.1 Buyer agrees to pay Embraer in the United States dollars, per unit Aircraft Basic Price as
indicated in the table below:






 




			
	[***]	 	Represents material which has been redacted and filed separately with the Commission pursuant to a request for confidential treatment pursuant to rule 24b-2 under the Securities Exchange Act of 1934, as amended.




 









 




AMENDMENT No. 8 TO PURCHASE AGREEMENT DCT-025/2003



	 	 	 
	Aircraft #	 	Basic Price ([***])
	1 to 3
	 	US$ [***]
	4
	 	US$ [***]
	7
	 	US$ [***]
	5, 6 and 8 to 12
	 	US$ [***]
	13 to 24
	 	US$[***]
	25
	 	US$ [***]
	26
	 	US$[***]
	27
	 	US$ [***]
	28 to 30
	 	US$ [***]
	31 to 34
	 	US$ [***]
	35 to 39, 42 and 43
	 	US$ [***]
	45 to 47
	 	US$ [***]
	48 to 50
	 	US$[***]
	51 to 106
	 	US$ [***]
	Exercised Option	 	 
	[***]	 	US$ [***]







	3.2	 	Aircraft price for Option Aircraft: Due to the changes in the Aircraft configuration, Article
21.1 of the Purchase Agreement shall be deleted and replaced as follows:





21.1 The unit basic price of the Option Aircraft (the “Option Aircraft Basic Price”) is
indicated in the table below, provided that the Option Aircraft is in the configuration
described in Attachment “A”, otherwise adjustments shall be done for any additions and/or
deletions of equipment and/or provisioning as may be agreed to by Buyer and Embraer from
time to time.



	 	 	 
	Option Aircraft #	 	Option Aircraft Basic Price ([***])
	All
	 	US$ [***]





All other terms and conditions of the Purchase Agreement, which are not specifically amended by
this Amendment 8, shall remain in full force and effect without any change.






 




			
	[***]	 	Represents material which has been redacted and filed separately with the Commission pursuant to a request for confidential treatment pursuant to rule 24b-2 under the Securities Exchange Act of 1934, as amended.



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AMENDMENT No. 8 TO PURCHASE AGREEMENT DCT-025/2003


IN WITNESS WHEREOF, Embraer and Buyer, by their duly authorized officers, have entered into and
executed this Amendment 8 to the Purchase Agreement to be effective as of the date first written
above.



	 	 	 	 	 	 	 	 	 

	Embraer — Empresa Brasileira
de Aeronáutica S.A.	 	JetBlue Airways Corporation	 	 
	 
	 	 	 	 	 	 	 	 
	By:

	 	/s/ Mauro Kern Junior
	 	By:
	 	/s/ Mark D. Powers	 	 
	Name:

	 	 

Mauro Kern Junior
	 	Name:
	 	 

Mark D. Powers
	 	 
	Title:

	 	Executive Vice President
	 	Title:
	 	SVP Treasurer	 	 
	 

	 	Airline Market	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	By : 

Name:

	 	/s/ Eduardo Munhos de Campos
 

Eduardo Munhos de Campos
	 	 	 	 	 	 
	Title:

	 	Vice-President Contracts	 	 	 	 	 	 
	 

	 	Airline Market	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	Date:
	 	 
	 	Date:	 	03/11/10	 	 
	 
	Place:
	 	 	 	 Place:	 	Forest Hills, NY	 	 
	 

	 	 

	 	 	 	 	 	 
	Witness:

	 	/s/ Sandra Boelter de Bestos
	 	Witness:
	 	/s/ Laura Kong	 	 
	Name:

	 	Sandra Boelter de Bestos
	 	Name:
	 	Laura Kong	 	 







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