US Airways 2007 Annual Report Download - page 914

(iv) subject to the provisions of Clause 10.3 below, as soon as practicable after the removal of the cause of such Excusable Delay, resume
performance of its obligations under this Agreement and notify the Buyer of the revised Scheduled Delivery Month**
10.3 Termination on Excusable Delay
10.3.1 If any Delivery is delayed as a result of an Excusable Delay for a period of more than ** after the last day of the Scheduled Delivery Month, then either
party may terminate this Agreement with respect to the affected Aircraft, by giving written notice to the other party within ** after the expiration of such
**. However, the Buyer will not be entitled to terminate this Agreement pursuant to this Clause 10.3.1 if the Excusable Delay is caused directly or
indirectly by the action or inaction of the Buyer.
10.3.2 If the Seller advises the Buyer of a revised Scheduled Delivery Month pursuant to Clause 10.2.1(iv) that there will be a delay in Delivery of an Aircraft of
more than ** after the last day of the Scheduled Delivery Month, then the Buyer may terminate this Agreement with respect to the affected Aircraft.
Termination will be made by giving written notice to the other party within ** after the Buyer's receipt of the notice of a revised Scheduled Delivery
Month. However, the Buyer will not be entitled to terminate this Agreement pursuant to this Clause 10.3.2 if the Excusable Delay is caused directly or
indirectly by the action or inaction of the Buyer.
10.3.3 Any termination pursuant to Clause 10.3.1 or 10.3.2 with respect to an affected Aircraft will discharge the obligations and liabilities of the parties
hereunder with respect to such Aircraft,**.
10.3.4 If this Agreement is not terminated under the terms of Clause 10.3.1 or 10.3.2, then the Seller and the Buyer will mutually agree upon a new Scheduled
Delivery Month after the ** period referred to in Clause 10.3.1 or 10.3.2, and this new Scheduled Delivery Month will be deemed to be an amendment to
the applicable Scheduled Delivery Month in Clause 9.1.1.
** Confidential Treatment Requested.
USA — Amended and Restated Airbus A350 XWB Purchase Agreement PA – 36 of 109
EXECUTION PRIVILEGED AND CONFIDENTIAL