US Airways 2008 Annual Report Download - page 184

WHEREAS, the Buyer is willing to enter into (A) this Amendment, Amended and Restated Letter Agreement No. 3, Amended and Restated Letter
Agreement No. 5 and Amended and Restated Letter Agreement No. 9, (B) Amendment No. 2 to the Airbus A330 Aircraft Purchase Agreement dated as even
date herewith, (C) Amendment No. 1 to the Amended and Restated Airbus A350 XWB Purchase Agreement dated as of even date herewith, (D)** and (E)**
(collectively the "Aggregate Agreements")**;
WHEREAS, the Buyer and the Seller agree and acknowledge that such amendments ** are an adjustment to the commercial terms set forth in the Agreement
and are not intended to be**;
WHEREAS the Buyer and the Seller agree and acknowledge that such amendments to the commercial terms set forth in the Agreement are intended**; and
WHEREAS, the Buyer and the Seller acknowledge that immediately upon execution of this Amendment, concurrently with the execution of the above
referenced amendments, the Seller will**;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
Capitalized terms used herein and not otherwise defined in this Amendment will have the meanings assigned to them in the Agreement. The terms "herein,"
"hereof," and "hereunder" and words of similar import refer to this Amendment.
1. MISCELLANEOUS
1.1 In Clause 16.7.2(ii) of the Agreement, the words "Clause 16.10.1" are deleted and replaced with the following quoted text:
QUOTE
Clause 16.7.1
UNQUOTE
1.2 In Notes section of each, Appendix 1A, Appendix 1B and Appendix 1C to Letter Agreement No. 6, the words "1.5 of LA5"are deleted and replaced
with the following quoted text:
QUOTE
1.5 of LA6
UNQUOTE
2. **
Letter Agreement No. 3 is terminated in its entirety and replaced by the Amended and Restated Letter No. 3 attached hereto.
** Confidential Treatment Requested.
USA — Amendment No. 2 to
Amended and Restated Airbus A320 Family Purchase Agreement
Execution
081020-CT0803167-AMD2-USA-A320 PRIVILEGED AND CONFIDENTIAL
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