US Airways 2007 Annual Report Download - page 475

6.2 Compliance with the take-off, second segment, approach climb, en-route one engine inoperative climb, landing and external noise elements of the
Guarantees will be demonstrated with reference to the approved flight manual.
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) A320 aircraft
of the same aerodynamic configuration as the Original A320 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 Original
A320 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 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 A320
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 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 A320 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 A320 Aircraft.
** Confidential Treatment Requested.
USA — Amended and Restated Airbus A320 Family Purchase Agreement LA 8C-2 — 8 of 11
EXECUTION PRIVILEGED AND CONFIDENTIAL