US Airways 2007 Annual Report Download - page 619

10.3 Termination on Excusable Delay
10.3.1 If any Delivery is delayed as a result of an Excusable Delay for a period of more than ** after the last day of the Scheduled Delivery Month, then either
party may terminate this Agreement with respect to the affected Aircraft, by giving written notice to the other party within **after the expiration of such
**. However, the Buyer will not be entitled to terminate this Agreement pursuant to this Clause 10.3.1 if the Excusable Delay is caused directly or
indirectly by the action or inaction of the Buyer.
10.3.2 If the Seller advises the Buyer of a revised Scheduled Delivery Month pursuant to Clause 10.2.1(iv) that there will be a delay in Delivery of an Aircraft
of more than ** after the last day of the Scheduled Delivery Month, then the Buyer may terminate this Agreement with respect to the affected Aircraft.
Termination will be made by giving written notice to the other party within ** after the Buyer's receipt of the notice of a revised Scheduled Delivery
Month. However, the Buyer will not be entitled to terminate this Agreement pursuant to this Clause 10.3.2 if the Excusable Delay is caused directly or
indirectly by the action or inaction of the Buyer.
10.3.3 Any termination pursuant to Clause 10.3.1 or 10.3.2 with respect to an affected Aircraft will discharge the obligations and liabilities of the parties
hereunder with respect to such Aircraft, **.
10.3.4 If this Agreement is not terminated under the terms of Clause 10.3.1 or 10.3.2, then the Seller and the Buyer will mutually agree upon a new Scheduled
Delivery Month after the ** period referred to in Clause 10.3.1 or 10.3.2, and this new Scheduled Delivery Month will be deemed to be an amendment
to the applicable Scheduled Delivery Month in Clause 9.1.1.
10.4 Total Loss, Destruction or Damage
If prior to Delivery, any Aircraft is lost, destroyed or in the reasonable opinion of the Seller is damaged beyond economic repair ("Total Loss"), the
Seller will notify the Buyer to this effect within ** of such occurrence. The Seller will include in said notification (or as soon after the issue of the
notice as such information becomes available to the Seller) the earliest date consistent with the Seller's other commitments and production capabilities
that an aircraft to replace the Aircraft may be delivered to the Buyer and the Scheduled Delivery Month will be extended as specified in the Seller's
notice to accommodate the delivery of the replacement aircraft. However, if the Scheduled Delivery Month is extended to a month that is later than **
after the last day of the original Scheduled Delivery Month, then this Agreement will terminate with respect to said Aircraft unless:
(i) the Buyer notifies the Seller within ** of the date of receipt of the Seller's notice that it desires the Seller to provide a replacement aircraft during
the month quoted in the Seller's notice; and
USA — Airbus A330 Purchase Agreement
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