US Airways 2007 Annual Report Download - page 245

11 - INEXCUSABLE DELAY
11.1 Liquidated Damages
Should an Aircraft not be Ready for Delivery within ** after the last day of the Scheduled Delivery Month (as such month may be changed pursuant to
Clauses 2, 7 or 10) and such delay is not as a result of an Excusable Delay or Total Loss, then such delay will be termed an "Inexcusable Delay." In the
event of an Inexcusable Delay, the Buyer will have the right to claim, and the Seller will pay the Buyer liquidated damages of US$**
In no event will the amount of liquidated damages exceed the total of US$** (US dollars-**) in respect of any one Aircraft.
The Buyer's right to liquidated damages in respect of an Aircraft is conditioned on the Buyer's submitting a written claim for liquidated damages to the
Seller not later than ** after the last day of the Scheduled Delivery Month.
11.2 Renegotiation
If, as a result of an Inexcusable Delay, Delivery does not occur within ** after the last day of the Scheduled Delivery Month the Buyer will have the
right, exercisable by written notice to the Seller given between **, to require from the Seller a renegotiation of the Scheduled Delivery Month for the
affected Aircraft. Unless otherwise agreed between the Seller and the Buyer during such renegotiation, the said renegotiation will not prejudice Buyer's
right to receive liquidated damages in accordance with Clause 11.1.
** Confidential Treatment Requested.
USA — Amended and Restated Airbus A320 Family Purchase Agreement PA — 50 of 123
EXECUTION PRIVILEGED AND CONFIDENTIAL