US Airways 2007 Annual Report Download - page 501

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 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 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 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 Amendment and such Rule Change affects the 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 Aircraft.
7.2 The Guarantees apply to the Aircraft as described in the Preamble to this Letter Agreement and will be further adjusted in the event of:
i) Any further configuration change which is the subject of a SCN;
ii) Variation in actual weights of items defined in Section 13-10 of the A321-200 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 herein.
** CONFIDENTIAL TREATMENT REQUESTED.
USA — Amended and Restated Airbus A320 Family Purchase Agreement LA 8D-2 — 10 of 13
EXECUTION PRIVILEGED AND CONFIDENTIAL