You're also looking over the fact that the purchasers really Really REALLY wanted this plane, and Boeing knew this. The fact that it was being sold as an in kind upgrade so no new training was required was a H. U. G. E. part of the decision to purchase. There was a helluva sales pitch with that fact on top of the fuel savings. I'm guessing there's a lot of bar lowering that the airlines would have been willing to accept to even contemplate a safety record clause
Regardless, it would seem prudent to give yourself flexibility to react to such a compromised safety record. You can always still go through with the purchase if it makes sense. It just seems to me the airline lawyers failed to protect their interests, when agreeing to these purchase contracts.
