US Airways 2007 Annual Report Download - page 432

6.3 Compliance with those parts of the Guarantees defined in Paragraphs 1 and 2 above not covered by the requirements of the certifying airworthiness
authority will be demonstrated by calculation based on data obtained during flight tests conducted on one (or more, at the Seller's discretion) A318
aircraft of the same aerodynamic configuration as the A318 Aircraft and incorporated in the In-Flight Performance Program and data bases (the "IFP")
appropriate to the A318 Aircraft.
6.4 Compliance with the Manufacturer's Weight Empty guarantee defined in Paragraph 3 will be demonstrated with reference to a weight compliance
report.
6.5 Data derived from tests will be adjusted as required using conventional methods of correction, interpolation or extrapolation in accordance with
established aeronautical practices to show compliance with the Guarantees.
6.6 Compliance with the Guarantees is not contingent on engine performance defined in the engine manufacturer's specification.
6.7 The Seller undertakes to furnish the Buyer with a report or reports demonstrating compliance with the Guarantees at the Delivery of each of the A318
Aircraft.
6.8 Notwithstanding the provisions of the Agreement, the warranties contained in this Letter Agreement will apply with respect to defects resulting from
non-compliance with the Guarantees, and be limited to those defects which become apparent within one (1) year after Delivery of the affected A318
Aircraft excepting those defects which are caused by engine deterioration. In the event such defects are discovered within one (1) year after Delivery of
an A318 Aircraft the Seller and the Buyer will agree on the procedure and location for new performance tests to be carried out with respect to such
A318 Aircraft to determine whether such defects in fact exist.
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:
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