US Airways 2007 Annual Report Download - page 298

Airbus Deutchland GmbH
Division Hamburger Flugzeugbau
Kreetslag 10
21129 Hamburg
Federal Republic of Germany
as provided in Clause 18.1.1.
18.1.3 If the Buyer requests the Seller to supply directly certain items that are considered BFE according to the Specification, and if such request is notified to
the Seller in due time in order not to affect the Delivery Date of the Aircraft, the Seller may agree to order such items subject to the execution of an
SCN reflecting the effect on price, escalation adjustment, and any other customary conditions of the Agreement. In such a case the Seller will be
entitled to the payment of a handling charge not to exceed ** and will bear no liability in respect of delay and product support commitments for such
items.
18.2 Requirements
The Buyer is responsible for assuring and warranting, at its expense, that BFE will (i) be manufactured by a qualified supplier in accordance with the
provisions of Clause 18.1.1, (ii) meet the requirements of the applicable Specification, (iii) comply with applicable requirements incorporated by
reference to the Type Certificate and listed in the Type Certificate Data Sheet, and (iv) be approved by the applicable Aviation Authority delivering the
Export Certificate of Airworthiness and by the FAA for installation and use on the Aircraft at the time of Delivery of such Aircraft. The Seller will be
entitled to refuse any item of BFE that it considers incompatible with the Specification, the engineering description mentioned above in Clause 18.1.1
or the certification requirements.
18.3 Buyer's Obligation and Seller's Remedies
18.3.1 Any delay or failure in
(i) furnishing the BFE in serviceable condition at the requested delivery date,
(ii) complying with the warranty in Clause 18.2 or in providing the descriptive information or service representatives mentioned in Clause 18.1.1, or
(iii) in obtaining any required approval for such equipment under the regulations of the above mentioned Aviation Authorities
** Confidential Treatment Requested.
USA – Amended and Restated Airbus A320 Family Purchase Agreement PA – 103 of 123
EXECUTION PRIVILEGED AND CONFIDENTIAL