US Airways 2006 Annual Report Download - page 243

Airways shall be "subject to availability." To that end, at such time or times during the Purchase Right Period as US Airways wishes to purchase
any or all of the Purchase Right Aircraft, US Airways shall deliver a written notice thereof to Bombardier, which notice shall include the number
of Purchase Right Aircraft that US Airways then wishes to purchase, and the requested delivery position for each of such Purchase Right Aircraft
(the "Airways Notice"). Within ten (10) business days after the receipt of the Airways Notice, Bombardier shall advise US Airways in writing of
the approximate delivery positions available for such requested Purchase Right Aircraft (the "Bombardier Notice"). Bombardier shall endeavor to
accommodate the delivery positions requested by US Airways in the applicable Airways Notice, but shall not be obligated to accept any delivery
positions requested by US Airways in the Airways Notice. Promptly (but in all events not later than ten (10) business days) after its receipt of the
Bombardier Notice setting forth the proposed delivery positions for the requested Purchase Right Aircraft, US Airways shall advise Bombardier
in writing (the "US Airways Response") which, if any, of the delivery positions relative to such requested Purchase Right Aircraft are acceptable
to US Airways, whereupon such Purchase Right Aircraft shall become "firm" aircraft (each such aircraft, a "New Firm Aircraft") under the US
Airways MPA, as modified and amended by this Letter Agreement, and, subject to Bombardier and US Airways reaching agreement on the
pricing, optional features, pre-delivery deposits and all other terms and conditions incident to the purchase and sale of such New Firm Aircraft,
Bombardier shall be obligated to manufacture and deliver, and US Airways shall be obligated to purchase and take delivery of, such New Firm
Aircraft. Upon any Purchase Right Aircraft becoming a New Firm Aircraft, US Airways shall deliver US$** to Bombardier as a pre-delivery
deposit against the purchase price for such New Firm Aircraft. ** The parties further acknowledge and agree that the Amended and Restated
MPA shall not include any financing or trade-in rights with respect to the Purchase Right Aircraft.
In the event that the delivery positions available for any of the requested Purchase Right Aircraft, as provided for by Bombardier in any
Bombardier Notice delivered in response to any Airways Notice, are not acceptable, US Airways shall so advise Bombardier in writing within ten
(10) business days of its receipt of the applicable Bombardier Notice (which advice may be included in any applicable US Airways Response),
whereupon neither Bombardier nor US Airways shall have any obligation with respect to the purchase and delivery of such Purchase Right
Aircraft pursuant to the proffered Airways Notice; provided, however, that the aggregate number of Purchase Right Aircraft thereafter remaining
available to US Airways during the Purchase Right Period shall not be reduced by any Purchase Right Aircraft requested by US Airways that do
not become New Firm Aircraft.
Any Purchase Right Aircraft that shall not have been requested for purchase by US Airways pursuant to an Airways Notice delivered prior to the
expiration of the Purchase Right Period (and thereafter converted to New Firm Aircraft as provided
**Confidential Treatment Requested. 3