US Airways 2007 Annual Report Download - page 455

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 Original
A319 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 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.
** CONFIDENTIAL TREATMENT REQUESTED.
USA — Amended and Restated Airbus A320 Family Purchase Agreement LA 8B-2 — 8 of 10
EXECUTION PRIVILEGED AND CONFIDENTIAL