Commercial Litigation

AMERICAN ARBITRATION ASSOCIATION
COMMERCIAL ARBITRATION TRIBUNAL


In the Matter of Arbitration between:

Re: 76 Y 181 00237 98
Turbomeca Engine Corporation
vs.
The Boeing Company, Light Helicopter Division
Phoenix, Arizona

ADMINISTRATOR: Cindy M. Coker


AWARD OF ARBITRATOR (Corrected)

I, THE UNDERSIGNED ARBITRATOR, having been designated in accordance with the arbitration agreements entered into by the parties and having been duly sworn and having duly heard the proofs and allegations of the parties hereby, AWARD, as follows:

The Boeing Company, Light Helicopter Division ("Boeing"), successor in interest to the McDonnell Douglas Helicopter Company, shall pay to the Turbomeca Engine Corporation ("Turbomeca") the total sum of $3,509,037.54, said sum being the amount paid to Boeing by Turbomeca pursuant to Agreement M91MDX-063 between the parties, dated May 26, 1992, as subsequently amended by the parties pursuant to its terms ("the Agreement") (i.e. #3,641,789, less the sum of $132,731.46 identified as Boeing costs associated with work to obtain an MD901 Amended Type Certificate from the U.S. Federal Aviation Administration (FAA) as identified in the Agreement between the parties.)

The administrative filing fees of the American Arbitration Association ("Association") totaling $20,160.44 shall be borne as incurred. All other administrative fees and expenses totaling $2,870.00 shall be borne equally and deducted from deposits previously advanced by the Association. Similarly, all counsel fees and other costs of each party during arbitration of these disputes shall be borne by the party incurring same.

The compensation and expenses of the arbitrator totaling $23,301.67 shall be borne equally by the parties and shall be deducted from deposits previously advanced by the parties to the Association.

This Award is in full settlement of all claims and counterclaims submitted by the parties to the Association for arbitration and all claims not expressly granted herein are hereby denied.

SIGNED: ____________________________________________
DATED: March 10, 2000
Norman L. Roberts, Esq., Arbitrator