US Airways 2007 Annual Report Download - page 618

10 EXCUSABLE DELAY AND TOTAL LOSS
10.1 Scope of Excusable Delay
Neither the Seller nor any Affiliate of the Seller, will be responsible for or be deemed to be in default on account of delays in delivery or failure to
deliver or otherwise in the performance of this Agreement or any part hereof due to causes reasonably beyond the Seller's control or not occasioned by
the Seller's fault or negligence ("Excusable Delay"), including, but not limited to: (i) acts of God or the public enemy, natural disasters, fires, floods,
storms beyond ordinary strength, explosions or earthquakes; epidemics or quarantine restrictions; serious accidents; total or constructive total loss; any
law, decision, regulation, directive or other act (whether or not having the force of law) of any government or of the Council of the European Union or
the Commission of the European Union or of any national, Federal, State, municipal or other governmental department, commission, board, bureau,
agency, court or instrumentality, domestic or foreign; governmental priorities, regulations or orders affecting allocation of materials, facilities or a
completed Aircraft; war, civil war or warlike operations, terrorism, insurrection or riots; failure of transportation **; strikes or labor troubles causing
cessation, slow down or interruption of work; inability after due and timely diligence to procure materials, accessories, equipment or parts or to cause a
subcontractor or Supplier to furnish materials, components, accessories, equipment or parts; (ii) **; (iii) any delay caused directly or indirectly by the
action or inaction of the Buyer, and (iv) delay in delivery or otherwise in the performance of this Agreement by the Seller due in whole or in part to any
delay in or failure of the delivery of, or any other event or circumstance relating to **.
10.2 Consequences of Excusable Delay 10.2.1 If an Excusable Delay occurs,
(a) the Seller will
(i) notify the Buyer of such Excusable Delay as soon as practicable after becoming aware of the same;
(ii) not be deemed to be in default in the performance of its obligations hereunder as a result of such Excusable Delay;
(iii) not be responsible for any damages arising from or in connection with such Excusable Delay suffered or incurred by the Buyer; and
(iv) subject to the provisions of Clause 10.3 below, as soon as practicable after the removal of the cause of such Excusable Delay, resume
performance of its obligations under this Agreement and notify the Buyer of the revised Scheduled Delivery Month; **
USA — Airbus A330 Purchase Agreement
PA — 28 of 95
EXECUTION PRIVILEGED AND CONFIDENTIAL
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