US Airways 2007 Annual Report Download - page 675

And, in the case of any item to be delivered via courier or personal service or delivery,
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From time to time, the party receiving the notice or request may designate another address or another person.
22.3 Waiver
The failure of either party to enforce at any time any of the provisions of this Agreement, to exercise any right herein provided or to require at any time
performance by the other party of any of the provisions hereof will in no way be construed to be a present or future waiver of such provisions nor in any
way to affect the validity of this Agreement or any part hereof or the right of the other party thereafter to enforce each and every such provision. The
express waiver by either party of any provision, condition or requirement of this Agreement will not constitute a waiver of any future obligation to comply
with such provision, condition or requirement.
22.4 Interpretation and Law
THIS AGREEMENT WILL, PURSUANT TO NEW YORK GENERAL OBLIGATIONS LAW SECTION 5-1401, BE GOVERNED BY AND
CONSTRUED AND THE PERFORMANCE THEREOF WILL BE DETERMINED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW
YORK, WITHOUT GIVING EFFECT TO ITS CONFLICTS OF LAWS PROVISIONS THAT WOULD RESULT IN THE APPLICATION OF THE
LAW OF ANY OTHER JURISDICTION.
THE PARTIES HEREBY ALSO AGREE THAT THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE
OF GOODS WILL NOT APPLY TO THIS TRANSACTION.
REGARDING THE CAPE TOWN CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT, THE BUYER AGREES THAT
IT WILL NOT, AND IT WILL NOT PERMIT ANY LENDER OR FINANCIER FINANCING EITHER AIRCRAFT OR PREDELIVERY PAYMENTS
TO, REGISTER ANY INTEREST IN AN UNDELIVERED AIRCRAFT OR IN ANY PROPULSION SYSTEM INSTALLED THEREON AT THE
INTERNATIONAL REGISTRY IN CONNECTION WITH SUCH FINANCING.
Each party (i) hereby irrevocably submits itself to the nonexclusive jurisdiction of the courts of the state of New York in New York County and, to the
extent permitted by applicable law, of the United States District Court for the Southern District of New York, for the purposes of any suit, action or other
proceeding arising out of this Agreement or
USA Airbus A330 Purchase Agreement
PA — 85 of 95
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