US Airways 2007 Annual Report Download - page 739

pursuant to Paragraph 10 or 11 of the Agreement, as provided in Paragraph 10.2. In the case of any termination of this Letter Agreement in connection
with a termination under Clause 21 of the Agreement, the Seller will not have any obligation to repurchase Material delivered in respect of any undelivered
Aircraft and the Seller's rights to payment for services or spare parts actually delivered to the Buyer or, in the case of spare parts, the return thereof in new
and unused condition, in their original packaging with all applicable documentation will not be limited by the liquidated damages provision included in
Clause 21 of the Agreement.
14. MISCELLANEOUS
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15. NEGOTIATED AGREEMENT
THE BUYER AND THE SELLER AGREE THAT THIS LETTER AGREEMENT HAS BEEN THE SUBJECT OF DISCUSSIONS AND
NEGOTIATION BY THE PARTIES AND THAT THE AGREEMENTS OF THE PARTIES SET FORTH IN THE AGREEMENT WERE ARRIVED
AT IN CONSIDERATION OF, INTER ALIA, THE PROVISIONS OF THIS LETTER AGREEMENT.
16. ASSIGNMENT
Except as set forth in Clause 20.2 of the Agreement, this Letter Agreement and the rights and obligations of the Buyer hereunder will not be assigned or
transferred in any manner without the prior written consent of the Seller, and any attempted assignment or transfer in contravention of the provisions of
this paragraph will be void and of no force or effect.
17. COUNTERPARTS
This Letter Agreement may be signed in any number of separate counterparts. Each counterpart, when signed and delivered (including counterparts
delivered by facsimile transmission), will be an original, and the counterparts will together constitute one and the same instrument.
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USA — Airbus A330 Purchase Agreement
EXECUTION PRIVILEGED AND CONFIDENTIAL
**Confidential Treatment Requested.