US Airways 2007 Annual Report Download - page 745

LETTER AGREEMENT NO. 3
As of October 2, 2007
US Airways, Inc.
111 West Rio Salado Parkway
Tempe, Arizona 85281
Re: **
Ladies and Gentlemen,
US Airways, Inc. (the "Buyer") and Airbus S.A.S. (the "Seller") have entered into an Airbus A330 Purchase Agreement dated as of even date herewith, (the
"Agreement") which covers, among other things, the sale by the Seller and the purchase by the Buyer of certain Aircraft, under the terms and conditions set
forth in said Agreement. The Buyer and the Seller have agreed to set forth in this Letter Agreement No. 3 (the "Letter Agreement") certain additional terms
and conditions regarding the sale of the Aircraft.
Capitalized terms used herein and not otherwise defined in this Letter Agreement will have the meanings assigned thereto in the Agreement. The terms
"herein," "hereof" and "hereunder" and words of similar import refer to this Letter Agreement.
The parties agree that this Letter Agreement will constitute an integral, nonseverable part of said Agreement, that the provisions of said Agreement are hereby
incorporated herein by reference, and that this Letter Agreement will be governed by the provisions of said Agreement, except that if the Agreement and this
Letter Agreement have specific provisions that are inconsistent, the specific provisions contained in this Letter Agreement will govern.
**
7. 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 Letter Agreement will be void and of no force or effect.
USA — Airbus A330 Purchase Agreement
EXECUTION
**Confidential Treatment Requested.
LA3 — 1 of 3
PRIVILEGED AND CONFIDENTIAL