US Airways 2007 Annual Report Download - page 242

10.2 Consequences of Excusable Delay
10.2.1 If an Excusable Delay occurs the Seller will
(i) notify the Buyer of such Excusable Delay as soon as practicable after becoming aware of the same;
(ii) not be deemed to be in default in the performance of its obligations hereunder as a result of such Excusable Delay;
(iii) not be responsible for any damages arising from or in connection with such Excusable Delay suffered or incurred by the Buyer;
(iv) subject to the provisions of Clause 10.3 below as soon as practicable after the removal of the cause of such Excusable Delay resume performance
of its obligations under this Agreement and in particular will notify the Buyer of the revised Scheduled Delivery Month; and **
10.3 Termination on Excusable Delay
10.3.1 If any Delivery is delayed as a result of an Excusable Delay for a period of more than ** after the last day of the Scheduled Delivery Month, then either
party may terminate this Agreement with respect to the affected Aircraft, by giving written notice to the other party within ** after the expiration of
such **. However, the Buyer will not be entitled to terminate this Agreement pursuant to this Clause 10.3.1 if the Excusable Delay is caused directly or
indirectly by the action or inaction of the Buyer.
10.3.2 If the Seller advises the Buyer of a revised Scheduled Delivery Month pursuant to Clause 10.2.1(iv) that there will be a delay in Delivery of an Aircraft
of more than ** after the last day of the Scheduled Delivery Month, then the Buyer may terminate this Agreement with respect to the affected Aircraft.
Termination will be made by giving written notice to the other party within ** after the Buyer's receipt of the notice of a revised Scheduled Delivery
Month. However, the Buyer will not be entitled to terminate this Agreement pursuant to this Clause 10.3.2 if the Excusable Delay is caused directly or
indirectly by the action or inaction of the Buyer.
10.3.3 Any termination pursuant to Clause 10.3.1 or 10.3.2 with respect to an affected Aircraft will discharge the obligations and liabilities of the parties
hereunder with respect to such Aircraft, **
** Confidential Treatment Requested.
USA — Amended and Restated Airbus A320 Family Purchase Agreement PA — 47 of 123
EXECUTION PRIVILEGED AND CONFIDENTIAL