and
balance manual, and associated document or report.
6.
EXCLUSIVE GUARANTEES
6.1
The only performance guarantees applicable
to the Aircraft are those set forth in this document. The performance guarantees
set forth herein are established between Buyer and Embraer and may not be
transferred or assigned to others, unless by previous written consent of
Embraer.
6.2
THE GUARANTEES, OBLIGATIONS AND LIABILITIES OF
EMBRAER, AND REMEDIES OF BUYER SET FORTH IN THIS PERFORMANCE GUARANTEE ARE
EXCLUSIVE AND IN SUBSTITUTION FOR, AND BUYER HEREBY WAIVES, RELEASES AND
RENOUNCES, ALL OTHER RIGHTS, CLAIMS, DAMAGES AND REMEDIES OF BUYER AGAINST
EMBRAER OR ANY ASSIGNED OF EMBRAER, EXPRESS OR IMPLIED, ARISING BY LAW OR
OTHERWISE, WITH RESPECT TO ANY ACHIEVED PERFORMANCE.
6.3
The terms and conditions of this performance
guarantee do not alter, modify or impair, in any way, the terms and conditions
of Attachment "C" (Aircraft Warranty Certificate) to the Purchase Agreement.
10