US Airways 2007 Annual Report Download - page 1175

(f) Section 15 of the Agreement is hereby amended by adding the following sentence to the end thereof:
"For the avoidance of doubt, ** it being understood that Bank of America is not permitted to accept applications or open new accounts that bear the
US Airways Marks and/or are entitled to mileage awards for use of the account after the Dual Branding Period and upon termination of the US
Airways/Bank of America Co-Branded Program."
(g) The Agreement is hereby amended by adding the following new Section 25 to the end of the Agreement:
"Section 25. **MILEAGE AWARD
US Airways Group shall award **frequent flyer miles to each of the **. "
(h) The Agreement is hereby amended by adding the following to Section 18:
"(v) since the execution and delivery of the First Amendment, neither America West nor US Airways Group has entered into, or will enter into, any
agreement with any third party financial institution providing for the issuance by such third party of US Airways co-branded credit cards pursuant to
which a FF Participant may accumulate miles in the FF Program through the use of such credit card; and
(vi) after the Dual Branding Period and termination of the US Airways/Bank of America Co-Branded Program, Bank of America will have no
further right to issue to new accountholders or re-issue to existing accountholders credit cards bearing the US Airways Marks."
3. Effectiveness of Amended Agreement. This Amendment No. 2 shall be effective on the Effective Date. In the event the Merger is not consummated, this
Amendment No. 2 shall have no force and effect, the Original Agreement shall be reinstated without giving effect to any of the amendments contained herein,
and the parties hereto shall be relieved from any obligations and liabilities that may have arisen hereunder.
4. Effect. Except as set forth in this Amendment No. 2, the Agreement shall remain in full force and effect and each of America West and Juniper Bank
hereby restates and affirms all of the terms and provisions of the Agreement. If any conflict exists between the terms and provisions of the Agreement and this
Amendment No. 2, the terms and provisions of this Amendment No. 2 will govern and control.
5. Entire Agreement. The Agreement, as amended by this Amendment No. 2, constitutes the entire agreement between the parties with respect to the subject
matter hereof and supersedes all prior understandings with respect thereto.
6. Counterparts. This Amendment No. 2 may be executed in any number of counterparts, each of which shall be deemed an original and all of which when
taken together shall constitute
** Confidential Treatment Requested. 4