US Airways 2007 Annual Report Download - page 637

action as may be feasible, provided, however, that if the Seller determines, after such investigation, that the Interface Problem was due to or caused by
any act or omission of the Buyer in its performance of its obligations hereunder, the Buyer will pay to the Seller all reasonable costs and expenses
incurred by the Seller during such investigation. The Buyer will furnish to the Seller all data and information relevant to the Interface Problem in its
possession and will reasonably cooperate with the Seller in the conduct of the Seller's investigations and such tests as may be required. At the
conclusion of such investigation the Seller will promptly advise the Buyer in writing of the Seller's opinion as to the cause or causes of the Interface
Problem and the Seller's recommendations as to corrective action.
12.4.2 Seller's Responsibility
If the Seller determines that the Interface Problem is primarily attributable to the design of a Warranted Part, the Seller will, if requested by the Buyer,
take prompt action to correct the design of such Warranted Part, pursuant to the terms and conditions of Clause 12.1.
12.4.3 Supplier's Responsibility
If the Seller determines that the Interface Problem is primarily attributable to the design of any Supplier Part, the Seller will at the Buyer's request, assist
the Buyer in processing any warranty claim the Buyer may have against the manufacturer of such Supplier Part. **
12.4.4 Joint Responsibility
If the Seller determines that the Interface Problem is attributable partially to the design of a Warranted Part and partially to the design of any Supplier
Part, the Seller will, if requested by the Buyer, seek a solution to the Interface Problem through cooperative efforts of the Seller and any Supplier(s)
involved. The Seller will promptly advise the Buyer of any corrective action proposed by the Seller and any such Supplier(s). Such proposal will be
consistent with any then existing obligations of the Seller hereunder and of any such Supplier to the Buyer. Such corrective action, unless reasonably
rejected by the Buyer, will constitute full satisfaction of any claim the Buyer may have against either the Seller or any such Supplier(s) with respect to
such Interface Problem, unless such corrective action does not resolve the Interface Problem.
12.4.5 General
12.4.5.1 All requests under this Clause 12.4 will be directed both to the Seller and the affected Suppliers.
USA — Airbus A330 Purchase Agreement
EXECUTION
PA — 47 of 95
PRIVILEGED AND CONFIDENTIAL
**Confidential Treatment Requested.