US Airways 2007 Annual Report Download - page 968

as provided in Clause 18.1.1.
18.1.3 If the Buyer requests the Seller to supply directly certain items that are considered BFE according to the Specification, and if such request is notified to the
Seller in due time in order not to affect the Delivery Date of the Aircraft, the Seller may agree to order such items subject to the execution of an SCN
reflecting the effect on price, escalation adjustment, and any other customary conditions of the Agreement. In such a case the Seller will be entitled to the
payment of a handling charge not to exceed ** and will bear no liability in respect of delay and product support commitments for such items.
18.2 Requirements
The Buyer is responsible for assuring and warranting, at its expense, that BFE will (i) be manufactured by a qualified supplier in accordance with the
provisions of Clause 18.1.1, (ii) meet the requirements of the applicable Specification, (iii) comply with applicable requirements incorporated by reference
to the Type Certificate and listed in the Type Certificate Data Sheet, and (iv) be approved by the applicable Aviation Authority delivering the Export
Certificate of Airworthiness and by the FAA for installation and use on the Aircraft at the time of Delivery of such Aircraft. The Seller will be entitled to
refuse any item of BFE that it considers incompatible with the Specification, the engineering description mentioned above in Clause 18.1.1 or the
certification requirements.
18.3 Buyer's Obligation and Seller's Remedies
18.3.1 Any delay or failure in
(i) furnishing the BFE in serviceable condition at the requested delivery date,
(ii) complying with the warranty in Clause 18.2 or in providing the descriptive information or service representatives mentioned in Clause 18.1.1, or
(iii) in obtaining any required approval for such equipment under the regulations of the above mentioned Aviation Authorities
may delay the performance of any act to be performed by the Seller, and cause the Final Contract Price of the Aircraft to be adjusted in accordance
with the updated delivery schedule, including, in particular, the costs the Seller incurs that are attributable to the delay or failure described above,
such as storage, taxes, insurance and costs of out-of sequence installation.
** Confidential Treatment Requested.
USA — Amended and Restated Airbus A350 XWB Purchase Agreement PA — 90 of 109
EXECUTION PRIVILEGED AND CONFIDENTIAL