US Airways 2007 Annual Report Download - page 250

The Buyer's remedy and the Seller's obligation and liability under this Clause 12.1, with respect to each claimed defect, are subject to the following
conditions precedent:
(i) the existence of a defect covered by the provisions of this Clause 12.1,
(ii) the defect becomes apparent within the Warranty Period, **
(iii) the Buyer submits to the Seller evidence reasonably satisfactory to the Seller that the claimed defect is due to a matter covered under the
provisions of this Clause 12. **, the Buyer will submit additional information as deemed necessary by the Seller to make a determination that
such defect did not result from any act or omission of the Buyer, including but not limited to, any failure to operate and maintain the affected
Aircraft or part thereof in accordance with the standards set forth in Clause 12.1.11 or from any act or omission of any third party,
(iv) the Buyer returns as soon as practicable the Warranted Part claimed to be defective to the repair facilities designated by the Seller, unless the
Buyer elect to repair a defective Warranted Part in accordance with the provisions of Clause 12.1.8,
(v) the Seller receives a "Warranty Claim" complying with the provisions of Clause 12.1.7(v).
12.1.7 Warranty Administration
The warranties set forth in Clause 12.1 will be administered as hereinafter provided:
(i) Claim Determination. Determination as to whether any claimed defect in any Warranted Part entitles the Buyer to a remedy under this Clause
12.1 will be made by the Seller, in consultation with the Buyer, and will be based on claim details, reports from the Seller's regional
representative, historical data logs, inspections, tests, findings during repair, defect analysis and other relevant documents and information.
(ii) Transportation Costs. Transportation costs associated with (a) the sending of a defective Warranted Part as to which a remedy is available under
this Clause 12 to the facilities designated by the Seller **
** Confidential Treatment Requested.
USA — Amended and Restated Airbus A320 Family Purchase Agreement PA — 55 of 123
EXECUTION PRIVILEGED AND CONFIDENTIAL