US Airways 2007 Annual Report Download - page 916

11 INEXCUSABLE DELAY
11.1 Liquidated Damages
Should an Aircraft not be Ready for Delivery within ** after the last day of the Scheduled Delivery Month (as such month may be changed pursuant to
Clauses 2, 7 or 10) and such delay is not as a result of an Excusable Delay or Total Loss, then such delay will be termed an "Inexcusable Delay." In the
event of an Inexcusable Delay, the Buyer will have the right to claim, and the Seller will pay the Buyer liquidated damages of US $ **)
In no event will the amount of liquidated damages exceed the total of US $ ** (US dollars—**) in respect of any one Aircraft.
The Buyer's right to liquidated damages in respect of an Aircraft is conditioned on the Buyer's submitting a written claim for liquidated damages to the
Seller not later than ** after the last day of the Scheduled Delivery Month.
11.2 Renegotiation
If, as a result of an Inexcusable Delay, Delivery does not occur within ** after the last day of the Scheduled Delivery Month the Buyer will have the right,
exercisable by written notice to the Seller given ** to require from the Seller a renegotiation of the Scheduled Delivery Month for the affected Aircraft.
Unless otherwise agreed between the Seller and the Buyer during such renegotiation, the said renegotiation will not prejudice Buyer's right to receive
liquidated damages in accordance with Clause 11.1.
11.3 Termination
If, as a result of an Inexcusable Delay, Delivery does not occur within ** after the last day of the Scheduled Delivery Month and the parties have not
renegotiated the Delivery Date pursuant to Clause 11.2, then both parties will have the right exercisable by written notice to the other party, given between
** to terminate this Agreement in respect of the affected Aircraft. In the event of termination, neither party will have any claim against the other, except
that the Seller will pay to the Buyer any amounts due pursuant to Clause 11.1 and will pay the Buyer an amount equal to the Predelivery Payments
received from the Buyer hereunder in respect of the Aircraft as to which this Agreement has been terminated.
** Confidential Treatment Requested.
USA — Amended and Restated Airbus A350 XWB Purchase Agreement PA – 38 of 109
EXECUTION PRIVILEGED AND CONFIDENTIAL