US Airways 2004 Annual Report Download - page 270

Guaranty until such time as the Guaranteed Obligation is paid and satisfied in
full.
13.6 WAIVER OF INCIDENTAL CLAIMS. Notwithstanding anything to the
contrary contained in this Guaranty, Guarantor waives all rights of subrogation,
reimbursement, indemnification, contribution and all other claims against
Borrower and every other party which is or shall ever be in any way obligated on
the Guaranteed Obligation which Guarantor may ever have as a result of payment
of any of the Guaranteed Obligation, as well as all incidental rights and
benefits in favor of Guarantor in connection with payment of any of the
Guaranteed Obligation until such time as the Guaranteed Obligation is paid and
satisfied in full.
13.7 SET OFF AGAINST GUARANTOR. Lender shall have the right to
setoff and apply against this Guaranty or the Guaranteed Obligation or both,
without notice to Guarantor, any and all deposits (general or special, time or
demand, provisional or final) or other sums at any time credited by or owing
from Lender to Guarantor, or either of them, to the extent that the Guaranteed
Obligation is then due and Lender has made demand under this Guaranty.
14. MISCELLANEOUS.
14.1 WAIVER. No failure to exercise, and no delay in exercising, on
the part of Lender, any right under this Guaranty shall operate as a waiver, nor
shall any single or partial exercise preclude any other or further exercise
thereof or the exercise of any other right. The rights of Lender under this
Guaranty shall be in addition to all other rights provided by law. No
modification or waiver of any provision of this Guaranty, nor consent to
departure therefrom, shall be effective unless in writing and no such consent or
waiver shall extend beyond the particular case and purpose involved. No notice
or demand given in any case shall constitute a waiver of the right to take other
action in the same, similar or other instances without such notice or demand.
14.2 NOTICES. Any notices or other communications required or
permitted to be given by this Guaranty must be (i) given in writing and
personally delivered, or (ii) mailed by express carrier, or (ii) made by
facsimile with telephone confirmation of receipt, to the party to whom such
notice or communication is directed, to the address of such party as follows:
Guarantor: America West Airlines, Inc.
111 W. Rio Salado Parkway
Tempe, Arizona 85281
Attn: Paul Lambert
Facsimile: 480-693-5932
Telephone: [phone]
With copy to: America West Airlines, Inc.
111 W. Rio Salado Parkway
Tempe, Arizona 85281
Attn: James Walsh, General Counsel
Facsimile:
Telephone:
Lender: Citibank, N.A.
390 Greenwich St. 1st Fl
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