US Airways 2007 Annual Report Download - page 476

7.2 The Guarantees apply to the Original A320 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 A320 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
Notwithstanding the provisions of Clause 20 or any other provision of the Agreement, the Buyer's rights under this Guarantee are not transferable and shall
not be assigned, sold, transferred or otherwise alienated by operation of law or otherwise. Any assignment, sale, transfer or other alienation of the Buyer's
rights under this Guarantee with respect to any Original A320 Aircraft will, as to the Original A320 Aircraft involved, immediately void this Guarantee in
its entirety.
** Confidential treatment Requested.
USA — Amended and Restated Airbus A320 Family Purchase Agreement LA 8C-2 — 9 of 11
EXECUTION PRIVILEGED AND CONFIDENTIAL