US Airways 2007 Annual Report Download - page 876

Paragraph 2 of Amendment No. 8 is hereby rendered void; and, notwithstanding any reading of Paragraph 2 of Letter Agreement No. 1 to Amendment
No. 6 to the Agreement to the contrary, Clause 6.2.2.1 of the Agreement is hereby amended and restated to read in its entirety as follows, and is in full
force and effect:
QUOTE
Predelivery payments for the Aircraft are nonrefundable and will be paid to the Seller for each such Aircraft according to the following schedule.
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UNQUOTE
3. RESCHEDULING RIGHT
Paragraph 5.2 of Amendment No. 10 to the Agreement is hereby deleted and replaced to read in its entirety as follows:
QUOTE
5.2 The Buyer's order for the Rescheduled Aircraft will be cancelable by the Buyer **, except that (x) if the Buyer fails to notify the Seller in writing
that it waives its right to cancel any Rescheduled Aircraft ** , then the Buyer's order for and the Seller's obligation to deliver the Rescheduled
Aircraft will automatically be cancelled at that time, **. The Buyer's right to cancel its order for the Rescheduled Aircraft pursuant to this
Paragraph 5.2 supersedes any right the Seller may have under Clause 21.1.2 of the Agreement.
UNQUOTE
4. EFFECT OF AMENDMENT
4.1 The provisions of this Amendment are binding on both parties upon signature hereof. The Agreement will be deemed amended to the extent herein
provided, and, except as specifically amended hereby, will continue in full force and effect in accordance with its
US Airways — A330/A340 — Amendment 11 CONFIDENTIAL AND PRIVILEGED
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