US Airways 2007 Annual Report Download - page 277

14.9.3. (i) The Buyer hereby acknowledges and accepts that the incorporation of any COC data into the Technical Data issued by the Seller will be at the
Buyer's sole risk, that the Seller will have no obligation to check the COC data for accuracy or validity, and that the Seller will have no liability
whatsoever with respect to (a) the contents of any COC data (including omissions or inaccuracies therein) (b) any effect that the incorporation of
such COC data may have on the Technical Data or (c) any costs of any nature that the COC data may add to subsequent Service Bulletins or
modifications.
(ii) THE SELLER HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR LIABILITIES, EXPRESSED OR IMPLIED, ORAL
OR WRITTEN, ARISING BY LAW, COURSE OF DEALING OR OTHERWISE, AND WITHOUT LIMITATION ALL WARRANTIES AS
TO QUALITY, OPERATION, MERCHANTABILITY, FITNESS FOR ANY INTENDED PURPOSE, AND ALL OTHER
CHARACTERISTICS WHATSOEVER, INCLUDING ANY OMISSIONS OR INACCURACIES THEREIN, OF ANY COC DATA
INCORPORATED INTO THE TECHNICAL DATA ISSUED BY THE SELLER.
(iii) The Buyer will indemnify and hold the Seller harmless from and against any losses (including reasonable attorneys' fees) arising from claims by
any third party for injury, loss or damage incurred directly or indirectly as a result of the incorporation of any COC data into the Technical Data
issued by the Seller.
(iv) If the Buyer sells, leases or otherwise transfers any Aircraft to which the COC data apply:
(a) the Buyer will remain fully liable for the COC data and any and all effects of their incorporation, as set forth in this Clause 14.9;
(b) the Seller may disclose the COC data to the subsequent owner(s) or operator(s) of the transferred Aircraft;
(c) it will be the sole responsibility of the Buyer to notify, or cause notification to be made to, the subsequent owner(s) or operator(s) of the
existence of the such COC data in the Technical Data applicable to the corresponding Aircraft.
The Seller hereby disclaims any and all liabilities whatsoever for the COC data in the event of transfer, sale or lease of any Aircraft to which COC data
apply.
** Confidential Treatment Requested.
USA — Amended and Restated Airbus A320 Family Purchase Agreement PA — 82 of 123
EXECUTION PRIVILEGED AND CONFIDENTIAL