US Airways 2007 Annual Report Download - page 677

said person or party, except as set forth in this Agreement. This Agreement resulted from negotiation involving counsel for all of the parties hereto and no
term herein will be construed or interpreted against any party under the contra proferentum or any related doctrine.
22.7 Confidentiality
Subject to any legal or governmental requirements of disclosure, or a request in a judicial proceeding (in which case, the party subject to the request will
duly inform the other parties to the Agreement of such request so that such parties may seek appropriate protective order) the parties (which for this
purpose will include their employees, agents and advisors) will maintain the terms and conditions of this Agreement and any reports or other data
furnished hereunder (including, but not limited to, Clauses 14 and 16) strictly confidential. Without limiting the generality of the foregoing, the Buyer and
the Seller will each use its best efforts to limit the disclosure of the contents of this Agreement to the extent legally permissible in any filing required to be
made by the Buyer with any governmental agency and will make such applications as will be necessary to implement the foregoing.
With respect to any public disclosure or filing, the Buyer agrees to submit to the Seller a copy of the proposed document to be filed or disclosed and will
give the Seller a reasonable period of time in which to review said document. The Buyer and the Seller will consult with each other prior to the making of
any public disclosure or filing, permitted hereunder, of this Agreement or the terms and conditions thereof.
The provisions of this Clause 22.7 will survive any termination of this Agreement.
22.8 Severability
If any provision of this Agreement should for any reason be held to be without effect, the remainder of this Agreement will remain in full force and effect.
To the extent permitted by applicable law, each party hereto hereby waives any provision of law, which renders any provision of this Agreement prohibited
or unenforceable in any respect.
22.9 Alterations to Contract
This Agreement, including its Exhibits and Appendices, together with other agreements between the parties executed as of the date hereof, contains the
entire agreement between the parties with respect to the subject matter hereof and thereof and supersedes any previous understanding, commitments or
representations whatsoever, whether oral or written including that certain term sheet between the Seller and the Buyer, dated June 14, 2007]. This
Agreement will not be amended or modified except by an instrument in writing of even date herewith or subsequent hereto executed by both parties or by
their fully authorized representatives.
USA Airbus A330 Purchase Agreement
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EXECUTION PRIVILEGED AND CONFIDENTIAL
**Confidential Treatment Requested.