US Airways 2007 Annual Report Download - page 676

any of the transactions contemplated hereby brought by any party or parties hereto, and (ii) hereby waives, and agrees not to assert, by way of motion, as a
defense, counterclaim or otherwise, in any such suit, action or proceeding, to the extent permitted by applicable law, the defense of sovereign immunity,
any claim that it is not personally subject to the jurisdiction of the above-named courts by reason of sovereign immunity or otherwise or that it or its
property is exempt or immune from jurisdiction of such court or from legal process (whether through service of notice, attachment prior to judgment,
attachment in aid of execution or judgment, execution of judgment or otherwise) and to the extent permitted by applicable law, that the suit, action or
proceeding which is referred to in clause (i) above is brought in an inconvenient forum, that the venue of such suit, action or proceeding is improper, or
that this Agreement or the subject matter hereof or any of the transactions contemplated hereby may not be enforced in or by these courts.
22.4.1 Service of process in any suit, action or proceeding in respect of any matter as to which the Buyer has submitted to jurisdiction under Clause 22.4 may be
made on the Buyer by delivery of the same personally or by dispatching the same via Federal Express, UPS, or similar international air courier, service
prepaid to, CT Corporation, 111 Hudson St., New York, NY (or such other office in the City of New York as such agent will then be occupying), as agent
for the Buyer, it being agreed that service upon CT Corporation will constitute valid service upon the Buyer or by any other method authorized by the laws
of the State of New York.
22.4.2 Service of process in any suit, action or proceeding in respect of any matter as to which the Seller has submitted to jurisdiction under Clause 22.4 may be
made on the Seller by delivery of the same personally or by dispatching the same via Federal Express, UPS, or similar international air courier, service
prepaid to, CT Corporation, 111 Hudson St., New York, NY (or such other office in the City of New York as such agent will then be occupying), as agent
for the Seller, it being agreed that service upon CT Corporation will constitute valid service upon the Seller or by any other method authorized by the laws
of the State of New York.
22.5 Waiver of Jury Trial
EACH OF THE PARTIES HERETO WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY LITIGATION ARISING OUT OF OR RELATING TO THIS
AGREEMENT AND FOR ANY COUNTERCLAIM OR CROSS-CLAIM THEREIN.
22.6 No Representations outside of this Agreement
The parties declare that, prior to the execution of this Agreement, they, with the advice of their respective counsel, apprised themselves of sufficient
relevant data in order that they might intelligently exercise their own judgments in deciding whether to execute this Agreement and in deciding on the
contents of this Agreement. Each party further declares that its decision to execute this Agreement is not predicated on or influenced by any declarations or
representations by any other person, party, or any predecessors in interest, successors, assigns, officers, directors, employees, agents or attorneys of any
USA Airbus A330 Purchase Agreement
PA — 86 of 95
EXECUTION PRIVILEGED AND CONFIDENTIAL
**Confidential Treatment Requested.