Common use of Performance Exceptions Clause in Contracts

Performance Exceptions. A "Performance Exception" with respect to the a failure on the part of Chautauqua to achieve the performance metrics of Fleet Launch Percentage, On Time Departure Percentage and Completion Percentage as defined in Section 8.2(a) or the Completion Percentage under Section 7.3(b) shall be deemed to have occurred if any of the following conditions are met: (a) A performance metric of the same or lesser magnitude (as measured on a percentage basis) was experienced by US Airways and/or other air carriers performing flying in the same or comparable (i.e., geographically similar) origin-destination points during the same time period and flying a similar number of cycles per day; (b) The failure to achieve the performance metric is directly attributable to (i) a labor dispute, strike or slowdown, or (ii) the performance of one or more specific aircraft within the Aircraft (including FAA action) or one or more specific routes flown by the aircraft within the Aircraft, and such performance is caused by aircraft scheduling decisions made by US Airways or aircraft damage caused by US Airways personnel performing, or third party personnel contracted by US Airways to perform, ground support services related to this Agreement. In the event of such specific aircraft or route issue, Chautauqua shall promptly notify US Airways in writing of the issue and each party shall promptly take steps to coordinate a commercially reasonable cure for such issue. In the event US Airways receives written notice of an issue within its control to correct, US Airways will promptly provide written notice to Chautauqua of the date by which such issue is expected to be cured and will adjust Chautauqua's --------- * Confidential affected performance metrics to the extent affected by such issue during the period prior to such cure taking effect."

Performance Exceptions. A "Performance Exception" with respect to the a failure on the part of Chautauqua Republic to achieve the performance metrics of Fleet Launch Percentage, On Time Departure Percentage and Completion Percentage as defined in Section 8.2(a8.3(a) or the Completion Percentage under Section 7.3(band 8.3(b) shall be deemed to have occurred if any of the following conditions are met: (a) A performance metric of the same or lesser magnitude (as measured on a percentage basis) was experienced by US Airways and/or other air carriers performing flying in the same or comparable (i.e., geographically similar) origin-destination points during the same time period and flying a similar number of cycles per day; (b) The failure to achieve the performance metric is directly attributable to (i) a labor dispute, strike or slowdown, or (ii) the performance of one or more specific aircraft within the Aircraft (including FAA action) or one or more specific routes flown by the aircraft within the Aircraft, and such performance is caused by aircraft scheduling decisions made by US Airways or aircraft damage caused by US Airways personnel performing, or third party personnel contracted by US Airways to perform, ground support services related to this Agreement. In the event of such specific aircraft or route issue, Chautauqua Republic shall promptly notify US Airways in writing of the issue and each party shall promptly take steps to coordinate a commercially reasonable cure for such issue. In the event US Airways receives written notice of an issue within its control to correct, US Airways will promptly provide written notice to Chautauqua Republic of the date by which such issue is expected to be cured and will adjust ChautauquaRepublic's --------- * Confidential affected performance metrics to the extent affected by such issue during the period prior to such cure taking effect."