US Airways 2007 Annual Report Download - page 235

7.4 Additional EASA Requirements
7.4.1 If, ** is Ready for Delivery, any law, rule or regulation is enacted, promulgated, becomes effective and/or an interpretation of any law, rule or
regulation is issued (a "Change in Law") by the EASA **, that requires any change to the Specification for the purposes of obtaining the Export
Certificate of Airworthiness, the Seller will make the required modification and the parties will sign an SCN for such modification.
7.4.2 The Seller will as far as practicable, but at its sole discretion and without prejudice to the requirements of Clause 7.4.3, take into account the
information available to it concerning any proposed law, rule or regulation or interpretation by the EASA ** that could ** become a Change in Law in
order to minimize the costs of changes to the Specification if the same becomes such a Change in Law.
7.4.3 The cost of implementing any modifications referred to in Clause 7.4.1 will be shared equally by the Seller and the Buyer if a Change in Law by the
EASA ** becomes effective after issuance of a Type Certificate by the EASA but before the Aircraft is Ready for Delivery; **
7.4.4 Notwithstanding the provisions of Clauses 7.4.3, if a Change in Law relates to an item of BFE or to the Propulsion System (including to engine
accessories, quick engine change units or thrust reversers) the costs relating thereto will be borne in accordance with such arrangements as may be made
separately between the Buyer and the manufacturer of the BFE or the Propulsion System, as applicable, and the Seller will have no obligation with
respect thereto.
7.5 Specification Changes After Delivery
Nothing in Clause 7.4 will require the Seller to make any changes or modifications to, or to make any payments or take any other action with respect to,
any Aircraft that is Ready for Delivery before the compliance date of any law or regulation referred to in Clause 7.4. Any such changes or modifications
made to an Aircraft after it is Ready for Delivery will be at the Buyer's expense.
** Confidential Treatment Requested.
USA — Amended and Restated Airbus A320 Family Purchase Agreement PA — 40 of 123
EXECUTION PRIVILEGED AND CONFIDENTIAL