US Airways 2007 Annual Report Download - page 663

18.3.2 In addition to the consequences outlined in Clause 18.3.1, in the event of a delay or failure described in Clause 18.3.1,
(i) the Seller may select, purchase and install equipment similar to the BFE at issue, in which event the Final Contract Price of the affected
Aircraft will also be increased by the purchase price of such equipment, plus reasonable costs and expenses incurred by the Seller for
handling charges, transportation, insurance, packaging and, if required and not already provided for in the price of the Aircraft, for
adjustment and calibration; or
(ii) if the BFE is delayed more than ** beyond, or unapproved within ** of the date specified in Clause 18.1.1, then the Seller may deliver or the
Buyer may elect to have the Aircraft delivered without the installation of such equipment, notwithstanding the terms of Clause 7.2 insofar as
it may otherwise have applied, whereupon the Seller will be relieved of all obligations to install such equipment.
18.4 Title and Risk of Loss
Title to (subject to Clause 18.5(iv)) and risk of loss of BFE will at all times remain with the Buyer that is the owner thereof, except that risk of loss
(limited to cost of replacement of said BFE and excluding in particular loss of use) will be with the Seller for as long as the BFE is in the care,
custody and control of the Seller.
18.5 Disposition of BFE Following Termination
If a termination of this Agreement pursuant to the provisions of Clause 21 occurs with respect to an Aircraft in which all or any part of the BFE has
been installed prior to the date of such termination, the Seller will be entitled, but not required, to remove all items of BFE that can be removed
without causing damage to the Aircraft or rendering any system in the Aircraft unusable and to undertake commercially reasonable efforts to
facilitate the sale of such items of BFE to other customers, retaining and applying the proceeds of such sales to reduce Seller's damages resulting
from the termination. In addition, the following terms will apply in the case of such a termination:
(i) The Buyer will cooperate with the Seller in facilitating the sale of BFE pursuant to the first paragraph of this Clause 18.5 and will be
responsible for all costs incurred by the Seller in removing and facilitating the sale of such BFE. ** The Buyer will reimburse the Seller for
all such costs within ** of receiving documentation of such costs from the Seller.
(ii) The Seller will notify the Buyer as to those items of BFE not sold by the Seller pursuant to the first paragraph of this Clause 18.5, and, at the
Seller's request, the Buyer will remove such items from the Seller's facility within thirty (30) days of the date of such notice. The Buyer will
have no claim against the Seller for damage or destruction of any item of BFE removed from the Aircraft and not removed from Seller's
facility within such period.
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USA — Airbus A330 Purchase Agreement
EXECUTION PRIVILEGED AND CONFIDENTIAL
**Confidential Treatment Requested.