US Airways 2007 Annual Report Download - page 421

7 ADJUSTMENT OF GUARANTEES
7.1 In the event of any change to any law, governmental regulation or requirement or interpretation thereof ("Rule Change") by any governmental agency
made subsequent to the date of the Amendment and such Rule Change affects the A318 Aircraft configuration or performance or both required to
obtain certification the Guarantees will be appropriately modified to reflect the effect of any such change on the weight or performance of the A318
Aircraft.
7.2 The Guarantees apply to the A318 Aircraft as described in the Preamble to this Letter Agreement and will be further adjusted in the event of:
i) Any further configuration change which is the subject of a SCN;
ii) Variation in actual weights of items defined in Section 13-10 of the A318 Standard Specification;
The adjustment mechanism will be reviewed between the Buyer and the Seller and (i) reflect the weight and payload repercussions (if any) set forth in
each individual SCN signed between the parties pursuant to the adjustment contemplated in this Paragraph 7 and (ii) use the same methodology and
tolerances as used to compute the numbers set forth herein.
8 EXCLUSIVE GUARANTEES
The Guarantees are exclusive and are provided in lieu of any and all other performance and weight guarantees of any nature which may be stated,
referenced or incorporated in the A318 Standard Specification or any other document.
9 **
10 NEGOTIATED AGREEMENT
The Buyer and the Seller agree that this Letter Agreement has been the subject of discussion and negotiation by the parties and that other mutual
agreements of the parties set forth in the Agreement and this Letter Agreement were arrived at in consideration of, inter alia, the provisions of this
Letter Agreement specifically including Paragraphs 8 and 9 of this Letter Agreement.
11 ASSIGNMENT
** Confidential Treatment Requested.
USA—Amended and Restated Airbus A320 Family Aircraft Purchase Agreement LA 8A-1 — 9 of 12
EXECUTION PRIVILEGED AND CONFIDENTIAL