US Airways 2007 Annual Report Download - page 935

UNENFORCEABLE, THE REMAINDER OF THIS CLAUSE 12 WILL REMAIN IN FULL FORCE AND EFFECT.
FOR THE PURPOSE OF THIS CLAUSE 12.5, "SELLER" WILL BE UNDERSTOOD TO INCLUDE THE SELLER, ITS AFFILIATES AND
SUPPLIERS.
**
12.6 Duplicate Remedies
The remedies provided to the Buyer under this Clause 12 as to any defect in respect of the Aircraft or any part thereof are mutually exclusive and not
cumulative. The Buyer will be entitled to the remedy that provides the maximum benefit to it, as the Buyer may elect, pursuant to the terms and conditions
of this Clause 12 for any defect for which remedies are provided under this Clause 12 provided, however, that the Buyer will not be entitled to elect a
remedy under more than one part of this Clause 12 for the same defect. The Buyer's rights and remedies herein for the nonperformance of any obligations
or liabilities of the Seller arising under these warranties will be in monetary damages limited to the amount the Buyer expends in procuring a correction or
replacement for any covered part subject to a defect or nonperformance covered by this Clause 12, and the Buyer will not have any right to require specific
performance by the Seller.
12.7 Negotiated Agreement
The Buyer specifically recognizes that:
(i) the Specification has been agreed upon after careful consideration by the Buyer using its judgment as professional operators of, and maintenance
providers with respect to, aircraft used in public transportation and as such is are professionals within the same industry as the Seller;
(ii) this Agreement, and in particular this Clause 12, has been the subject of discussion and negotiation and is fully understood by the Buyer;
(iii) the price of the Aircraft and the other mutual agreements of the Buyer set forth in this Agreement were arrived at in consideration of, inter alia, the
provisions of this Clause 12, specifically including the Exclusivity of Warranties set forth in Clause 12.5.
12.8 Survivability
In respect of all delivered Aircraft, the provisions of this Clause 12 will survive any termination of this Agreement, except any termination following a
Termination Event referred to in Clause 21(1), (2), (3) or (4).
** Confidential Treatment Requested.
USA — Amended and Restated Airbus A350 XWB Purchase Agreement PA — 57 of 109
EXECUTION PRIVILEGED AND CONFIDENTIAL