US Airways 2007 Annual Report Download - page 903

5.5 Application of Payments
Notwithstanding any other rights the Seller may have at contract or at law, the Buyer and the Seller hereby agree that should any amount (whether under
this Agreement or under any other agreement between the Buyer or any of its Affiliates and the Seller or any of its Affiliates and whether at the stated
maturity of such amount, by acceleration or otherwise) become due and payable by the Buyer or its Affiliates, and not be paid in full in immediately
available funds on the date due, then the Seller will have the right to debit and apply, in whole or in part, the Predelivery Payments paid to the Seller by the
Buyer hereunder against such unpaid amount. The Seller will promptly notify the Buyer in writing after such debiting and application, and the Buyer will
immediately pay to the Seller the amount owed to comply with Clause 5.2.3.
5.6 Overdue Payments
If any payment due the Seller is not received by the Seller on the date or dates agreed on between the Buyer and the Seller, the Seller will have the right to
claim from the Buyer and the Buyer will promptly pay to the Seller on receipt of such claim interest at the rate **on the amount of such overdue payment,
to be calculated from and including the due date of such payment to (but excluding) the date such payment is received by the Seller,** The Seller's right to
receive such interest will be in addition to any other rights of the Seller hereunder or at law.
5.7 Proprietary Interest
Notwithstanding any provision of law to the contrary, the Buyer will not, by virtue of anything contained in this Agreement (including, without limitation,
the making of any Predelivery Payments hereunder, or any designation or identification by the Seller of a particular aircraft as an Aircraft to which any of
the provisions of this Agreement refers) acquire any proprietary, insurable or other interest whatsoever in any Aircraft before Delivery of and payment for
such Aircraft, as provided in this Agreement.
** Confidential Treatment Requested.
USA — Amended and Restated Airbus A350 XWB Purchase Agreement PA – 25 of 109
EXECUTION PRIVILEGED AND CONFIDENTIAL