US Airways 2007 Annual Report Download - page 269

12.6 Duplicate Remedies
The remedies provided to the Buyer under this Clause 12 as to any defect in respect of the Aircraft or any part thereof are mutually exclusive and not
cumulative. The Buyer will be entitled to the remedy that provides the maximum benefit to it, as the Buyer may elect, pursuant to the terms and
conditions of this Clause 12 for any defect for which remedies are provided under this Clause 12 provided, however, that the Buyer will not be entitled
to elect a remedy under more than one part of this Clause 12 for the same defect. The Buyer's rights and remedies herein for the nonperformance of any
obligations or liabilities of the Seller arising under these warranties will be in monetary damages limited to the amount the Buyer expends in procuring
a correction or replacement for any covered part subject to a defect or nonperformance covered by this Clause 12, and the Buyer will not have any right
to require specific performance by the Seller.
12.7 Negotiated Agreement
The Buyer specifically recognizes that:
(i) the Specification has been agreed upon after careful consideration by the Buyer using its judgment as professional operators of, and maintenance
providers with respect to, aircraft used in public transportation and as such is are professionals within the same industry as the Seller;
(ii) this Agreement, and in particular this Clause 12, has been the subject of discussion and negotiation and is fully understood by the Buyer;
(iii) the price of the Aircraft and the other mutual agreements of the Buyer set forth in this Agreement were arrived at in consideration of, inter alia,
the provisions of this Clause 12, specifically including the Exclusivity of Warranties set forth in Clause 12.5.
12.8 Survivability
In respect of all delivered Aircraft, the provisions of this Clause 12 will survive any termination of this Agreement, except any termination following a
Termination Event referred to in Clause 21(1), (2), (3) or (4).
USA — Amended and Restated Airbus A320 Family Purchase Agreement PA — 74 of 123
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