US Airways 2007 Annual Report Download - page 926

(vii) Scrapped Material. The Buyer may, with the agreement of the Resident Customer Support Representative, scrap any defective Warranted Parts that
are beyond economic repair and not required for technical evaluation. If the Buyer does not obtain the written agreement of the Resident Customer
Support Representative to scrap a Warranted Part, then the Buyer will retain such Warranted Part and any defective part removed from a Warranted
Part during repair for a period of either ** after the date of completion of repair or **after submission of a claim for In-house Warranty Repair credit
relating thereto, whichever is longer. Such parts will be returned to the Seller within **
(viii) DISCLAIMER OF SELLER LIABILITY FOR BUYER'S REPAIR
THE SELLER WILL NOT BE LIABLE FOR, AND THE BUYER WILL INDEMNIFY THE SELLER AGAINST, CLAIMS OF ANY THIRD
PARTIES FOR LOSSES DUE TO ANY DEFECT, NONCONFORMANCE OR PROBLEM OF ANY KIND, ARISING OUT OF OR IN
CONNECTION WITH ANY REPAIR OF WARRANTED PARTS UNDERTAKEN BY THE BUYER UNDER THIS CLAUSE 12.1.8 OR ANY
OTHER ACTIONS UNDERTAKEN BY THE BUYER UNDER THIS CLAUSE 12.1.8, WHETHER SUCH CLAIM IS ASSERTED IN
CONTRACT OR IN TORT, OR IS PREMISED ON ALLEGED, ACTUAL, IMPUTED, ORDINARY OR INTENTIONAL ACTS OR
OMISSIONS OF THE BUYER OR THE SELLER.
12.1.9 Warranty Transferability
The warranties provided for in this Clause 12.1 for any Warranted Part will accrue to the benefit of any operator other than the Buyer if the Warranted Part
enters into the possession of such operator as a result of a pooling agreement between such operator and the Buyer, in accordance with the terms and
subject to the limitations and exclusions of the foregoing warranties and to applicable laws or regulations.
12.1.10 Warranty for Corrected, Replacement or Repaired Warranted Parts
Whenever any Warranted Part that contains a defect for which the Seller is liable under this Clause 12.1 has been corrected, repaired or replaced pursuant
to the terms of this Clause 12, the period of the Seller's warranty with respect to such corrected, repaired or replacement Warranted Part, will be the
remaining portion of the original Warranty Period in respect of such corrected, repaired or replaced
** Confidential Treatment Requested.
USA — Amended and Restated Airbus A350 XWB Purchase Agreement PA — 48 of 109
EXECUTION PRIVILEGED AND CONFIDENTIAL