US Airways 2007 Annual Report Download - page 936

13. PATENT AND COPYRIGHT INDEMNITY
13.1 Indemnity
13.1.1 Subject to the provisions of Clause 13.2.3, the Seller will indemnify the Buyer from and against any damages, costs and expenses including legal costs
(excluding damages, costs, expenses, loss of profits and other liabilities in respect of or resulting from loss of use of the Aircraft) resulting from any
infringement or claim of infringement by the Airframe or any part or software installed therein at Delivery of
(i) any British, French, German, Spanish or U.S. patent;
(ii) any patent issued under the laws of any other country in which the Buyer may lawfully operate the Aircraft, provided that from the time of design of
such Airframe or any part or software installed therein at Delivery and until infringement claims are resolved, the country of the patent and the flag
country of the Aircraft are both parties to:
(a) the Chicago Convention on International Civil Aviation of December 7, 1944, and are each fully entitled to all benefits of Article 27 thereof,
or,
(b) the International Convention for the Protection of Industrial Property of March 20, 1883; and
(iii) in respect of computer software installed on the Aircraft, any copyright, provided that the Seller's obligation to indemnify will be limited to
infringements in countries which, at the time of design, are members of The Berne Union and recognize computer software as a "work" under the
Berne Convention.
13.1.2 Clause 13.1.1 will not apply to
(i) Buyer Furnished Equipment;
(ii) the Propulsion Systems;
(iii) Supplier Parts; or
(iv) software not developed by the Seller.
13.1.3 If the Buyer is, due to circumstances contemplated in Clause 13.1.1, prevented from using the Aircraft (whether by a valid judgment of a court of
competent jurisdiction or by a settlement arrived at among the claimant, the Seller and the Buyer), the Seller will at its expense either
USA — Amended and Restated Airbus A350 XWB Purchase Agreement PA — 58 of 109
EXECUTION PRIVILEGED AND CONFIDENTIAL