US Airways 2007 Annual Report Download - page 615

8.2.3 If the Buyer does not attend or fails to cooperate in the Technical Acceptance Process, the Seller will be entitled to complete the Technical Acceptance
Process in compliance with Clause 8.1.1, without the Buyer's attendance, and the Buyer will be deemed to have accepted that the Aircraft is functioning
satisfactorily and is in compliance with the Specification, in all respects.
8.3 Certificate of Acceptance
Upon successful completion of the Technical Acceptance Process, the Buyer will, on or before the Delivery Date, sign and deliver to the Seller a
certificate of acceptance in respect of the Aircraft in the form of Exhibit D (the "Certificate of Acceptance"). Any discrepancies in the condition of the
Aircraft, and any agreements between the Buyer and the Seller with respect thereto, will be documented in a separate agreement, but the same will not,
unless otherwise agreed, affect the Buyer's rights under Clause 12 with respect to such discrepancy.
8.4 Finality of Acceptance
The Buyer's signature of the Certificate of Acceptance for the Aircraft will constitute waiver by the Buyer of any right it may have under the Uniform
Commercial Code as adopted by the State of New York or otherwise to revoke acceptance of the Aircraft for any reason, whether known or unknown to
the Buyer at the time of acceptance.
8.5 Aircraft Utilization
The Seller will, without payment or other liability, be entitled to use the Aircraft ** before Delivery to obtain the certificates required under Clause 7.
Such use will not limit the Buyer's obligation to accept Delivery. **
USA — Airbus A330 Purchase Agreement
PA — 25 of 95
EXECUTION PRIVILEGED AND CONFIDENTIAL
**Confidential Treatment Requested.