US Airways 2007 Annual Report Download - page 314

22.5 Waiver of Jury Trial
EACH OF THE PARTIES HERETO WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY LITIGATION ARISING OUT OF OR RELATING TO
THIS AGREEMENT AND FOR ANY COUNTERCLAIM OR CROSS-CLAIM THEREIN.
22.6 No Representations outside of this Agreement
The parties declare that, prior to the execution of this Agreement, they, with the advice of their respective counsel, apprised themselves of sufficient
relevant data in order that they might intelligently exercise their own judgments in deciding whether to execute this Agreement and in deciding on the
contents of this Agreement. Each party further declares that its decision to execute this Agreement is not predicated on or influenced by any
declarations or representations by any other person, party, or any predecessors in interest, successors, assigns, officers, directors, employees, agents or
attorneys of any said person or party, except as set forth in this Agreement. This Agreement resulted from negotiation involving counsel for all of the
parties hereto and no term herein will be construed or interpreted against any party under the contra proferentum or any related doctrine.
22.7 Confidentiality
Subject to any legal or governmental requirements of disclosure, or a request in a judicial proceeding (in which case, the party subject to the request
will duly inform the other parties to the Agreement of such request so that such parties may seek appropriate protective order) the parties (which for this
purpose will include their employees, agents and advisors) will maintain the terms and conditions of this Agreement and any reports or other data
furnished hereunder (including, but not limited to, Clauses 14 and 16) strictly confidential. Without limiting the generality of the foregoing, the Buyer
and the Seller will each use its best efforts to limit the disclosure of the contents of this Agreement to the extent legally permissible in any filing
required to be made by the Buyer with any governmental agency and will make such applications as will be necessary to implement the foregoing.
With respect to any public disclosure or filing, the Buyer agrees to submit to the Seller a copy of the proposed document to be filed or disclosed and
will give the Seller a reasonable period of time in which to review said document. The Buyer and the Seller will consult with each other prior to the
making of any public
** Confidential Treatment Requested.
USA – Amended and Restated Airbus A320 Family Purchase Agreement PA – 119 of 123
EXECUTION PRIVILEGED AND CONFIDENTIAL