US Airways 2007 Annual Report Download - page 444

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 Guarantee, and be limited to those defects which become apparent within one (1) year after Delivery of the affected Original
A319 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 Original A319 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 Original A319 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 Agreement and such Rule Change affects the Original A319 Aircraft configuration or performance or both required
to obtain certification the Guarantees will be modified to reflect the effect of any such change on the weight or performance of the Original A319
Aircraft.
7.2 The Guarantees apply to the Original A319 Aircraft as described in the preamble to this Letter Agreement and will be further adjusted in the event of:
i) Any further configuration change that is the subject of a SCN;
ii) Variation in actual weights of items defined in Section 13-10 of the 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 in this Guarantee.
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 Standard Specification or any other document.
** Confidential Treatment Requested.
USA — Amended and Restated Airbus A320 Family Aircraft Purchase Agreement LA 8B-1 — 8 of 11
EXECUTION PRIVILEGED AND CONFIDENTIAL