exhibit1032_04wje-pax051






This copy of the document filed as an Exhibit excludes certain identified information  because such information is both (i) not material and (ii) would likely cause competitive  harm if publicly disclosed. Omissions are designated by the symbol [...***...].     Page 1  BOEING PROPRIETARY        AIRCRAFT DELIVERY REQUIREMENTS AND  RESPONSIBILITIES    between    THE BOEING COMPANY    and    ALLEGIANT AIR, LLC    EXHIBIT B    to PURCHASE AGREEMENT NUMBER PA-05130  





 






WJE-PA-05130-EXB Page 2  BOEING PROPRIETARY  EXHIBIT B    AIRCRAFT DELIVERY REQUIREMENTS, INSPECTION, AND RESPONSIBILITIES    relating to    BOEING MODELS 737-8-200 AND 737-7 AIRCRAFT    Both Boeing and Customer have certain documentation and approval  responsibilities at various times during the construction cycle of the Aircraft that are  critical to making the delivery of each Aircraft a positive experience for both parties. This  Exhibit B documents those responsibilities and Customer inspection rights and indicates  recommended completion deadlines for the actions to be accomplished.  1. GOVERNMENT DOCUMENTATION REQUIREMENTS.  Certain actions are required to be taken by Customer in advance of the  scheduled delivery month of each Aircraft with respect to obtaining certain government  issued documentation.  1.1 Airworthiness and Registration Documents. Not later than [...***...] prior  to delivery of each Aircraft, Customer will notify Boeing of the registration number to be  painted on the side of the Aircraft. If required by the regulatory authority, Customer will  authorize, by letter to the regulatory authority having jurisdiction, the display of such  registration numbers by Boeing during the pre-delivery testing of the Aircraft, no later  than [...***...] prior to delivery of each Aircraft.  Customer is responsible for furnishing any temporary or permanent registration  certificates required by any governmental authority having jurisdiction to be displayed  aboard the Aircraft after delivery.  1.2 Certificate of Airworthiness and Certificate of Sanitary Construction,   1.2.1 U.S. Registered Aircraft. Boeing will obtain from the FAA, a  (transport category) Certificate of Airworthiness and from the United States Public  Health Service, a United States Certificate of Sanitary Construction each to be  displayed aboard each Aircraft upon delivery to Customer. The above Boeing obligation  only applies to United States commercial passenger aircraft.  1.2.2 Non-U.S. Registered Aircraft. If Customer requires a United States  Certificate of Sanitary Construction at the time of delivery of the Aircraft, Customer will  give written notice thereof to Boeing at least [...***...] prior to delivery. Boeing will then  use commercially reasonable efforts to obtain the certificate from the United States  Public Health Service and present it to Customer at the time of Aircraft delivery. The  above Boeing obligation only applies to commercial passenger aircraft  1.2.3 At Customer’s request, Boeing will support Customer’s requests for  additional requirements necessary for Customer to incorporate the Aircraft into its  operations specifications, provided there is no additional cost to Boeing and no impact  to the delivery of the Aircraft.  Such additional requirements, and Boeing’s support of  





 






WJE-PA-05130-EXB Page 3  BOEING PROPRIETARY  such requirements, will not be a prerequisite or condition for Customer accepting  delivery of the Aircraft.    1.3 Customs Documentation.  1.3.1 Import Documentation. If the Aircraft is intended to be exported  from the United States, Customer must notify Boeing not later than [...***...] prior to  delivery of each Aircraft of any documentation required by the customs authorities or by  any other agency of the country of import.  1.3.2 General Declaration - U.S. If the Aircraft is intended to be exported  from the United States, Boeing will prepare Customs Form 7507, General Declaration,  for execution by U.S. Customs immediately prior to the ferry flight of the Aircraft. For this  purpose, Customer will furnish to Boeing not later than [...***...] prior to delivery all  information required by U.S. Customs and Border Protection, including without limitation  (i) a complete crew and passenger list identifying the names, birth dates, passport  numbers and passport expiration dates of all crew and passengers and (ii) a complete  ferry flight itinerary, including point of exit from the United States for the Aircraft.  If Customer intends, during the ferry flight of an Aircraft, to land at a U.S. airport  after clearing Customs at delivery, Customer must notify Boeing not later than [...***...]  prior to delivery of such intention. If Boeing receives such notification, Boeing will  provide to Customer the documents constituting a customs permit to proceed, allowing  such Aircraft to depart after any such landing. Sufficient copies of completed  Form 7507, along with passenger manifest, will be furnished to Customer to cover U.S.  stops scheduled for the ferry flight.  1.3.3 [...***...]. If the Aircraft is intended to be exported from the United  States following delivery, and (i) Customer is a non-U.S. customer, Boeing will file an  export declaration electronically with U.S. Customs and Border Protection (CBP), or  (ii) Customer is a U.S. customer, it is the responsibility of the U.S. customer, as the  exporter of record, to file the export declaration with CBP.  2. INSURANCE CERTIFICATES.  Unless provided earlier, Customer will provide to Boeing not later than [...***...]  prior to the scheduled delivery date of the first Aircraft, a copy of the requisite annual  insurance certificate in accordance with the requirements of Article 8 of the AGTA.  3. NOTICE OF FLYAWAY CONFIGURATION.  Not later than [...***...] prior to delivery (or such later date as may be reasonably  necessary to accommodate availability of information required) of the Aircraft, Customer  will provide to Boeing a configuration letter stating the requested "flyaway configuration"  of the Aircraft for its ferry flight. This configuration letter should include:  (i) the name of the company which is to furnish fuel for  the ferry flight and any scheduled post-delivery flight  training, the method of payment for such fuel, and fuel  load for the ferry flight;  





 






WJE-PA-05130-EXB Page 4  BOEING PROPRIETARY  (ii) the cargo to be loaded and where it is to be stowed  on board the Aircraft, the address where cargo is to  be shipped after flyaway and notification of any  hazardous materials requiring special handling;  (iii) any BFE equipment to be removed prior to flyaway  and returned to Boeing BFE stores for installation on  Customer's subsequent Aircraft;  (iv) a complete list of names and citizenship of each crew  member and non-revenue passenger who will be  aboard the ferry flight; and  (v) a complete ferry flight itinerary.  4. DELIVERY ACTIONS BY BOEING.  4.1 Schedule of Inspections. All FAA, Boeing, Customer and, if required, U.S.  Customs Bureau inspections will be scheduled by Boeing for completion prior to  delivery or departure of the Aircraft. Customer will be informed of such schedules.  4.2 [...***...].  4.3 Schedule of Demonstration Flights. All FAA and Customer demonstration  flights will be scheduled by Boeing for completion prior to delivery of the Aircraft.   4.4 Schedule for Customer's Flight Crew. Boeing will inform Customer of the  date that a flight crew is required for acceptance routines associated with delivery of the  Aircraft.  Fuel Provided by Boeing. Boeing will provide to Customer, without charge, the amount  of fuel shown in U.S. gallons in the table below for the model of Aircraft being delivered  and full capacity of engine oil at the time of delivery or prior to the ferry flight of the  Aircraft.  Aircraft Model Fuel Provided  737 [...***...]  4.5 Flight Crew and Passenger Consumables. Boeing will provide reasonable  quantities of food, coat hangers, towels, toilet tissue, drinking cups and soap for the first  segment of the ferry flight for the Aircraft.  4.6 Delivery Papers, Documents and Data. Boeing will have available at the  time of delivery of the Aircraft certain delivery papers, documents and data for execution  and delivery , including, without limitation, delivery to Customer of the documentation  listed in Article 4 of Purchase Agreement Supplemental Exhibit CS1 “Customer Support  Variables. If the Aircraft will be registered with the FAA, Boeing will pre-position in  Oklahoma City, Oklahoma, for filing with the FAA at the time of delivery of the Aircraft  an executed original Form 8050-2, Aircraft Bill of Sale, indicating transfer of title to the  Aircraft from Boeing to Customer.  





 






WJE-PA-05130-EXB Page 5  BOEING PROPRIETARY  4.7 Delegation of Authority. If specifically requested in advance by Customer,  Boeing will present a certified copy of a delegation of authority, designating and  authorizing certain persons to act on its behalf in connection with delivery of the Aircraft.  5. DELIVERY ACTIONS BY CUSTOMER.  5.1 Aircraft Radio Station License. At delivery Customer will provide its aircraft  radio station license to be placed on board the Aircraft following delivery.  5.2 Aircraft Flight Log. At delivery Customer will provide the aircraft flight log  for the Aircraft.  5.3 Delegation of Authority. Upon advance request to Customer, Customer  will present to Boeing at delivery of the Aircraft a copy of Customer's delegation of  authority designating and authorizing certain persons to act on its behalf in connection  with delivery of the specified Aircraft.  5.4 TSA Waiver Approval. Customer may be required to have an approved  Transportation Security Administration (TSA) waiver for the ferry flight depending upon  the Customer’s en-route stop(s) and destination unless the Customer already has a  TSA approved security program in place. Customer is responsible for application of the  TSA waiver and obtaining TSA approval. If applicable, Customer will provide a copy of  the approved TSA waiver to Boeing upon arrival at the Boeing delivery center.  5.5 Electronic Advance Passenger Information System. Should the ferry flight  of an Aircraft leave the United States, the Department of Homeland Security office  requires Customer to comply with the Electronic Advance Passenger Information  System (eAPIS). Customer needs to establish their own account with US Customs and  Border Protection in order to file for departure. If applicable, a copy of the eAPIS forms  is to be provided by Customer to Boeing upon arrival of Customer’s acceptance team at  the Boeing delivery center.