Quality of Service. (a) At all times, Contractor shall provide Contractor Services with appropriate standards of care, but in no event lower than such standards utilized by United as of the date of this Agreement. United procedures, performance standards and means of measurement thereof concerning the provision of air passenger and air cargo services shall be applicable to all Regional Airline Services provided by Contractor. Contractor shall achieve at least the comparable quality of airline service as provided by United. Contractor shall comply with all airline customer service commitments, policies and service standards of United as of the Commencement Date, including without limitation the “Customer First” commitments, on board services requirements and employee conduct, appearance and training policies in place as of the Commencement Date, and shall handle customer-related services in a professional, businesslike and courteous manner. In connection therewith, Contractor shall maintain aircraft cleaning cycles and policies, shall comply with the provisions set forth in Exhibit J and shall maintain adequate staffing levels, to ensure at least a comparable level of customer service and operational efficiency that United achieves, including without limitation in respect of customer complaint response, ticketing and boarding timing, oversales, baggage services and handling of irregular operations. In addition, at the request of United, Contractor shall comply with all such airline customer service commitments, policies and standards of care of United as adopted, amended or supplemented after the Commencement Date. (b) Contractor shall make such interior and exterior design and product-related changes as may be required by United from time to time, including both those for which the cost is borne by United pursuant to Section 3.4(a)(ix), and those that occur within Contractor’s normal aircraft and facility refurbishment program. (c) Contractor shall ensure that all Covered Aircraft are equipped with an ARINC aircraft communications addressing and reporting system (or such other system as is designated by United), the cost of which will be borne by Contractor with respect to CRJ Covered Aircraft. Contractor shall make such interior and exterior design and product-related changes as may be required by United from time to time, including both those for which the cost is borne by United pursuant to Section 3.4(a)(ix), and those that occur within Contractor’s normal aircraft and facility refurbishment program. (d) Contractor shall provide United with timely communication regarding the status of all flights. Contractor shall, at its own expense, ensure that each Covered Aircraft is equipped with the software capability of providing ACARS-based data requested by United from time to time in United’s sole discretion, including without limitation as provided in Exhibit H hereto and relating to automated weight and balance procedures for each Scheduled Flight, and shall accurately and timely perform such automated weight and balance procedures. (e) Contractor shall maintain and utilize Contractor’s passenger and bag weight program approved by the FAA and existing on the Commencement Date (unless and until otherwise directed by the FAA). (f) United shall timely inform Contractor of the required seat layouts of the E175 Covered Aircraft (for SHARES Seat Map). Contractor shall ensure that all Scheduled Flights using E175 Covered Aircraft are capable of operating in Category 2 conditions (with respect to instrument landing systems), crew training and other requirements to provide such capability. (g) Contractor will use United’s standard procedures for processing and adjudicating all claims for which Contractor is responsible in an effort to avoid such matters becoming the subject of claims, litigation or an investigation by a governmental agency or authority. At either party’s request, Contractor and United will meet to discuss and review Contractor’s customer service and handling procedures and policies and its employees’ conduct, appearance and training standards and policies. (h) Contractor acknowledges that United may implement programs to evaluate the delivery of customer service and adherence to customer service standards established by United and Contractor hereby agrees to fully comply with all aspects of any such programs. Contractor acknowledges that pursuant to such programs United may directly observe customer service delivery and provide Contractor with findings and corrective actions. Contractor acknowledges that Contractor’s required compliance with such programs shall include without limitation (i) Contractor’s provision of certain data to United, as requested, for customer service quality evaluations and assessments by United and (ii) Contractor’s compliance with corrective actions required by United. United shall give Contractor written notice of any non-safety-related alleged breach of this Section 4.3, identifying with reasonable specificity such alleged breach, not less than fifteen (15) days prior to exercising any remedy regarding such alleged breach. (i) Contractor agrees to participate in the United Cargo Program.
Appears in 3 contracts
Sources: Capacity Purchase Agreement (Mesa Air Group Inc), Capacity Purchase Agreement (Mesa Air Group Inc), Capacity Purchase Agreement (Mesa Air Group Inc)
Quality of Service. (a) At all times, Contractor shall provide Contractor Regional Airline Services with appropriate standards of care, but in no event lower than such standards utilized by United Continental as of the date of this Agreement. United Continental procedures, performance standards and means of measurement thereof concerning the provision of air passenger and air cargo services shall be applicable to all Regional Airline Services provided by Contractor. Contractor shall achieve at least the comparable quality of airline service as provided by UnitedContinental, subject to limitations imposed by the type of aircraft used by Contractor, its route network and the availability of equipment and facilities, as compared to those of Continental. Contractor shall comply with all airline customer service commitments, commitments or policies and service standards of United Continental as of the Commencement Datedate hereof, including without limitation the “Customer First” "CustomerFirst" commitments, on board services requirements and employee conduct, appearance and training policies in place as of the Commencement Datedate hereof, and shall handle customer-related services in a professional, businesslike and courteous manner. In connection therewith, Contractor shall maintain aircraft cleaning cycles and policies, shall comply with the provisions set forth in Exhibit J and shall maintain adequate staffing levels, to ensure at least a comparable level of customer service and operational efficiency that United Continental achieves, including without limitation in respect of customer complaint response, ticketing and boarding timing, oversales, and baggage services and handling of irregular operationsservices. In addition, at the request of UnitedContinental, Contractor shall comply with all such airline customer service commitments, policies and or standards of care of United Continental as adopted, amended or supplemented after the Commencement Date.
(b) date hereof, provided that Continental shall reimburse Contractor shall make for the reasonable out-of-pocket costs of Contractor of complying with such interior and exterior design and product-related changes policies in excess of the costs of complying with such policies as may be required by United from time to time, including both those for which in effect as of the cost is borne by United pursuant to Section 3.4(a)(ix), and those that occur within Contractor’s normal aircraft and facility refurbishment program.
(c) Contractor shall ensure that all Covered Aircraft are equipped with an ARINC aircraft communications addressing and reporting system (or such other system as is designated by United), the cost date of which will be borne by Contractor with respect to CRJ Covered Aircraftthis Agreement. Contractor shall make such interior and exterior design and product-related changes as may be required by United from time to time, including both those for which the cost is borne by United pursuant to Section 3.4(a)(ix), and those that occur within Contractor’s normal aircraft and facility refurbishment program.
(d) Contractor shall provide United Continental with timely communication regarding the status of all flights. Contractor shall, at its own expense, ensure that each Covered Aircraft is equipped with the software capability of providing ACARS-based data requested by United from time to time in United’s sole discretion, including without limitation as provided in Exhibit H hereto and relating to automated weight and balance procedures for each Scheduled FlightFlights, and shall accurately and timely perform such automated weight and balance procedures.
(e) Contractor shall maintain and utilize Contractor’s passenger and bag weight program approved by the FAA and existing on the Commencement Date (unless and until otherwise directed by the FAA).
(f) United shall timely inform Contractor closeout procedures at service levels at least as high as those of the required seat layouts of the E175 Covered Aircraft (for SHARES Seat Map)Continental at comparably-sized airports. Contractor shall ensure that all Scheduled Flights using E175 Covered Aircraft are capable of operating in Category 2 conditions (with respect to instrument landing systems), crew training and other requirements to provide such capability.
(g) Contractor will use United’s Continental's standard procedures for processing and adjudicating all claims for which Contractor is responsible in an effort to avoid such matters becoming the subject of claims, litigation or an investigation by a governmental agency or authorityinsurance claims. At either party’s request, Contractor and United Continental will periodically meet to discuss and review Contractor’s 's customer service and handling procedures and policies and its employees’ ' conduct, appearance and training standards and policies.
(h) Contractor acknowledges that United may implement programs policies in an effort to evaluate ensure compliance with this Agreement, and to agree to the delivery of customer service and adherence to customer service standards established by United and Contractor hereby agrees to fully comply with all aspects terms of any such programs. Contractor acknowledges that pursuant to such programs United may directly observe customer service delivery necessary corrective action plan and provide Contractor with findings and corrective actions. Contractor acknowledges that Contractor’s required compliance with such programs shall include without limitation (i) Contractor’s provision the timing of certain data to United, as requested, for customer service quality evaluations and assessments by United and (ii) Contractor’s compliance with corrective actions required by United. United shall give Contractor written notice of any non-safety-related alleged breach of this Section 4.3, identifying with reasonable specificity such alleged breach, not less than fifteen (15) days prior to exercising any remedy regarding such alleged breachits implementation.
(i) Contractor agrees to participate in the United Cargo Program.
Appears in 3 contracts
Sources: Capacity Purchase Agreement (Continental Airlines Inc /De/), Capacity Purchase Agreement (Expressjet Holdings Inc), Capacity Purchase Agreement (Expressjet Holdings Inc)
Quality of Service. (a) At all times, Contractor shall provide Contractor Regional Airline Services with appropriate standards of care, but in no event lower than such standards utilized by United Continental as of the date of this Agreement. United Continental procedures, performance standards and means of measurement thereof concerning the provision of air passenger and air cargo services shall be applicable to all Regional Airline Services provided by Contractor. Contractor shall achieve at least the comparable quality of airline service as provided by UnitedContinental, subject to limitations imposed by the type of aircraft used by Contractor and its route network. Contractor shall comply with all airline customer service commitments, commitments and policies and service standards of United Continental as of the Commencement Datedate hereof, including without limitation the “Customer FirstCustomerFirst” commitments, on board services requirements and employee conduct, appearance and training policies in place as of the Commencement Datedate hereof, and shall handle customer-related services in a professional, businesslike and courteous manner. In connection therewith, Contractor shall maintain aircraft cleaning cycles and policies, shall comply with aircraft cleanliness, condition, and workability standards and shall adhere to the provisions aircraft Refurbishment Scope of Work as set forth in Exhibit J Schedule 4, and shall maintain adequate staffing levels, to ensure at least a comparable level of customer service and operational efficiency that United Continental achieves, including without limitation in respect of customer complaint response, ticketing and boarding timing, oversales, baggage services and handling of irregular operations. In addition, at the request of UnitedContinental, Contractor shall comply with all such airline customer service commitments, policies and standards of care of United Continental as adopted, amended or supplemented after the Commencement Date.
(b) Contractor shall make such interior and exterior design and product-related changes as may be required by United from time to time, including both those for which the cost is borne by United pursuant to Section 3.4(a)(ix), and those that occur within Contractor’s normal aircraft and facility refurbishment program.
(c) date hereof. Contractor shall ensure that all Covered Aircraft are equipped with an ARINC aircraft communications addressing and reporting system (or such other system as is designated by United)that provides operational information in a form reasonably acceptable to Continental, the cost of which will be borne by Contractor with respect to CRJ Covered Aircraft[*]. Contractor shall make such interior and exterior design and product-related changes as may be required by United from time to time, including both those for which the cost is borne by United pursuant to Section 3.4(a)(ix), and those that occur within Contractor’s normal aircraft and facility refurbishment program.
(d) Contractor shall provide United Continental with timely communication regarding the status of all flights. Contractor shall, at its own expense, ensure that each Covered Aircraft is equipped with the software capability of providing ACARS-based data requested by United from time to time in United’s sole discretion, including without limitation as provided in Exhibit H hereto and relating to automated weight and balance procedures for each Scheduled FlightFlights, and shall accurately and timely perform such automated weight and balance procedures.
(e) Contractor shall maintain and utilize Contractor’s passenger and bag weight program approved by the FAA and existing on the Commencement Date (unless and until otherwise directed by the FAA).
(f) United shall timely inform Contractor closeout procedures at service levels at least as high as those of the required seat layouts of the E175 Covered Aircraft (for SHARES Seat Map)Continental at comparably-sized airports. Contractor shall ensure that all Scheduled Flights using E175 Covered Aircraft are capable of operating in Category 2 conditions (with respect to instrument landing systems), crew training and other requirements to provide such capability.
(g) Contractor will use United’s Continental's standard procedures for processing and adjudicating all claims for which Contractor is responsible in an effort to avoid such matters becoming the subject of claims, litigation or an investigation by a governmental agency or authority. At either party’s 's request, Contractor and United Continental will meet to discuss and review Contractor’s 's customer service and handling procedures and policies and its employees’ ' conduct, appearance and training standards and policies.
(h) Contractor acknowledges that United may implement programs to evaluate the delivery of customer service and adherence to customer service standards established by United and Contractor hereby agrees to fully comply with all aspects of any such programs. Contractor acknowledges that pursuant to such programs United may directly observe customer service delivery and provide Contractor with findings and corrective actions. Contractor acknowledges that Contractor’s required compliance with such programs shall include without limitation (i) Contractor’s provision of certain data to United, as requested, for customer service quality evaluations and assessments by United and (ii) Contractor’s compliance with corrective actions required by United. United Continental shall give Contractor not less than [*] prior written notice of any non-safety-related alleged breach of this Section 4.3, identifying with reasonable specificity such alleged breach, not less than fifteen (15) days 4.03 prior to exercising any remedy regarding such alleged breach.
(i) Contractor agrees to participate in the United Cargo Program.
Appears in 2 contracts
Sources: Capacity Purchase Agreement (Republic Airways Holdings Inc), Capacity Purchase Agreement (Republic Airways Holdings Inc)
Quality of Service. (a) At Without limiting Contractor’s operational control of all timesaspects of its flight operations, Contractor shall provide Contractor Services with appropriate standards of care, but in no event lower than such standards utilized by United as of the date of this Agreement. United procedures, performance standards and means of measurement thereof concerning the provision of air passenger and air cargo services shall be applicable to all Regional Airline Services provided by Contractor; provided that all such procedures and means of measurement shall be no more stringent than those used by United with respect to the performance of all other operators of regional aircraft for United. Contractor shall achieve at least the comparable quality of airline service and standards of care as provided by UnitedUnited or generally required by United of the Other United Express Carriers, subject to limitations imposed by the type of aircraft used by Contractor and its route network. Contractor shall comply with all airline customer service commitments, commitments and policies and service standards of United as of the Commencement Datedate hereof, including without limitation the “Our United Customer First” commitmentsCommitment”, on board services requirements and employee conduct, appearance and training policies in place as of the Commencement Datedate hereof, and shall handle customer-related services in a professional, businesslike and courteous manner. In connection therewith, Contractor shall maintain aircraft cleaning cycles and policies, shall comply with the provisions set forth in Exhibit J J, and without limiting Article II, shall maintain adequate staffing levels, to ensure at least a comparable level of customer service and operational efficiency that United achievesachieves or generally requires of the Other United Express Carriers, including without limitation in respect of customer complaint response, ticketing response and boarding timing, oversales, baggage services and handling of irregular operations. In addition, at the request of United, Contractor shall comply with all such airline customer service commitments, policies and standards of care of United as adopted, amended or supplemented after the Commencement Date.
(b) Contractor shall make such interior date hereof. As necessary, United will provide training to Contractor’s designated instructors in the requirements of United’s customer service policies and exterior design Procedures and product-related changes as may be required by customer problem resolution programs; provided that United from time to time, including both those for which the cost is borne by United pursuant to Section 3.4(a)(ix)will [***], and those United agrees that occur within Contractor’s normal aircraft and facility refurbishment program.
(c) [***]. Contractor shall ensure that all Covered Aircraft are equipped with an ARINC aircraft communications system addressing and reporting system (or that provides operational information in a form acceptable to United. Additionally, in the event that United requires Contractor to deliver any incremental training to its employees, United will reimburse Contractor for any incremental direct costs incurred as a result of providing such other system as is designated by United), the cost of which will be borne by Contractor with respect training provided that United has approved such costs in writing prior to CRJ Covered Aircraftsuch costs being incurred. Contractor shall make such interior and exterior design and product-related changes as may be required by United from time to time, including both those for which the cost is borne by United pursuant to Section 3.4(a)(ix), and those that occur within Contractor’s normal aircraft and facility refurbishment program.
(d) Contractor shall provide United with timely communication regarding the status of all flights. Contractor shall, at its own expense, ensure that each Covered Aircraft is equipped with the software capability of providing ACARS-based data requested by United from time to time in United’s sole discretion, including without limitation as provided in Exhibit H hereto and relating to automated weight and balance procedures for each Scheduled FlightFlights, and shall accurately and timely perform such automated weight and balance procedures.
(e) Contractor shall maintain and utilize Contractor’s passenger and bag weight program approved by the FAA and existing on the Commencement Date (unless and until otherwise directed by the FAA).
(f) closeout procedures at service levels at least as high as those of United shall timely inform Contractor of the required seat layouts of the E175 Covered Aircraft (for SHARES Seat Map)at comparably-sized airports. Contractor shall ensure that all Scheduled Flights using E175 Covered Aircraft are capable of operating in Category 2 conditions (with respect to instrument landing systems), crew training and other requirements to provide such capability.
(g) Conditions. Contractor will use United’s standard procedures for processing and adjudicating all claims for which Contractor is responsible in an effort to avoid such matters becoming the subject of claims, litigation or an investigation by a governmental agency or authority. At either party’s request, Contractor and United will meet to discuss and review Contractor’s customer service and handling procedures and policies and its employees’ conduct, appearance and training standards and policies.
(h) . United shall give Contractor not less than [***] prior written notice which notice identifies specifically the quality of service failures asserted by United and provides Contractor with an opportunity to cure of any non-safety related breach of this Section 4.02 prior to exercising any remedy regarding such breach. Contractor acknowledges that United may implement programs to evaluate the delivery of customer service and adherence to customer service standards established by United and Contractor hereby agrees to fully comply with all aspects of any such programs[***]. Contractor acknowledges that pursuant to such programs United may directly observe customer service delivery and provide Contractor with findings and corrective actions. Contractor acknowledges that Contractor’s required compliance with such programs shall include without limitation (i) Contractor’s provision of certain data to United, as requested, for customer service quality evaluations and assessments by United and (ii) Contractor’s compliance with corrective actions required by United. United shall give Contractor written notice of any non-safety-related alleged breach of this Section 4.3, identifying with reasonable specificity such alleged breach, not less than fifteen (15) days prior to exercising any remedy regarding such alleged breach.
(i) Contractor also agrees to participate in the United Cargo Program.
Appears in 2 contracts
Sources: Capacity Purchase Agreement (Mesa Air Group Inc), Capacity Purchase Agreement (Mesa Air Group Inc)
Quality of Service. (a) At all times, Contractor shall provide Contractor Regional Airline Services with appropriate standards of care, but in no event lower than such standards utilized by United as of the date of this AgreementContractor in 2009. United procedures, performance standards and means of measurement thereof concerning the provision of air passenger and air cargo services shall be applicable to all Regional Airline Services provided by Contractor; provided that all such procedures and means of measurement shall be no more stringent than those used by United with respect to the performance of all other operators of regional jet aircraft for United. Contractor shall achieve at least the comparable quality of airline service as provided by United, subject to limitations imposed by the type of aircraft used by Contractor and its route network. Contractor shall comply with all airline customer service commitments, commitments and policies and service standards of United as of the Commencement Effective Date, including without limitation the “Customer FirstCustomerFirst” commitments, on board services requirements and employee conduct, appearance and training policies in place as of the Commencement Effective Date, and shall handle customer-related services in a professional, businesslike and courteous manner. In connection therewith, Contractor shall maintain aircraft cleaning cycles and policies, shall comply with the provisions set forth in Exhibit J and shall maintain adequate staffing levels, to ensure at least a comparable level of customer service and operational efficiency that United achieves, including without limitation in respect of customer complaint response, ticketing and boarding timing, oversales, baggage services and handling of irregular operations. In addition, at the request of United, Contractor shall comply with all such airline customer service commitments, policies and standards of care of United as adopted, amended or supplemented after the Commencement Effective Date.
(b) Contractor shall make such interior and exterior design and product-related changes as may be required by United from time to time, including both those for which the cost is borne by United pursuant to Section 3.4(a)(ix), and those that occur within Contractor’s normal aircraft and facility refurbishment program.
(c) . Contractor shall ensure that all Covered Aircraft are equipped with an ARINC aircraft communications addressing and reporting system (or such other system as is designated by United), the cost of which will be borne by Contractor with respect to CRJ Covered AircraftUnited. Contractor shall make such interior and exterior design and product-related changes as may be required by United from time to time, including both those for which the cost is borne by United pursuant to Section 3.4(a)(ix3.04(b), and those that occur within Contractor’s normal aircraft and facility refurbishment program.
(d) . Contractor shall provide United with timely communication regarding the status of all flightsScheduled Flights, and shall perform closeout procedures, in both cases, at service levels at least as high as those of United at comparably-sized airports. Contractor shall, at its own expense, ensure that each Covered Aircraft is equipped with shall maintain the software capability of providing performing ACARS-based data requested by United from time to time in United’s sole discretion, including without limitation as provided in Exhibit H hereto and relating to automated weight and balance procedures for each Scheduled Flight, and shall accurately and timely perform such automated weight and balance procedures.
(e) . Contractor shall maintain and utilize Contractor’s passenger and bag weight program approved by the FAA and existing on the Commencement Effective Date (unless and until otherwise directed by the FAA).
(f) United shall timely inform Contractor of the required seat layouts of the E175 Covered Aircraft (for SHARES Seat Map). Contractor shall ensure that all Scheduled Flights using E175 Covered Aircraft are capable of operating in Category 2 conditions (with respect to instrument landing systems), crew training and other requirements to provide such capability.
(g) conditions. Contractor will use United’s standard procedures for processing and adjudicating all claims for which Contractor is responsible in an effort to avoid such matters becoming the subject of claims, litigation or an investigation by a governmental agency or authority. At either party’s request, Contractor and United will meet to discuss and review Contractor’s customer service and handling procedures and policies and its employees’ conduct, appearance and training standards and policies.
(h) Contractor acknowledges that United may implement programs to evaluate the delivery of customer service and adherence to customer service standards established by United and Contractor hereby agrees to fully comply with all aspects of any such programs. Contractor acknowledges that pursuant to such programs United may directly observe customer service delivery and provide Contractor with findings and corrective actions. Contractor acknowledges that Contractor’s required compliance with such programs shall include without limitation (i) Contractor’s provision of certain data to United, as requested, for customer service quality evaluations and assessments by United and (ii) Contractor’s compliance with corrective actions required by United. United shall give Contractor written notice of any non-safety-related alleged breach of this Section 4.34.03, identifying with reasonable specificity such alleged breach, not less than fifteen (15) 15 days prior to exercising any remedy regarding such alleged breach.
(i) Contractor agrees to participate in the United Cargo Program.
Appears in 1 contract
Quality of Service. (a) At all times, Contractor shall provide Contractor Regional Airline Services with appropriate standards of care, but in no event lower than such standards utilized by United Continental as of the date of this Agreement. United Continental procedures, performance standards and means of measurement thereof concerning the provision of air passenger and air cargo services shall be applicable to all Regional Airline Services provided by Contractor. Contractor shall achieve at least the comparable quality of airline service as provided by UnitedContinental, subject to limitations imposed by the type of aircraft used by Contractor and its route network. Contractor shall comply with all airline customer service commitments, commitments and policies and service standards of United Continental as of the Commencement Datedate hereof, including without limitation the “Customer FirstCustomerFirst” commitments, on board services requirements and employee conduct, appearance and training policies in place as of the Commencement Datedate hereof, and shall handle customer-related services in a professional, businesslike and courteous manner. In connection therewith, Contractor shall maintain aircraft cleaning cycles and policies, shall comply with the provisions set forth in Exhibit J and shall maintain adequate staffing levels, to ensure at least a comparable level of customer service and operational efficiency that United Continental achieves, including without limitation in respect of customer complaint response, ticketing and boarding timing, oversales, baggage services and handling of irregular operations. In addition, at the request of UnitedContinental, Contractor shall comply with all such airline customer service commitments, policies and standards of care of United Continental as adopted, amended or supplemented after the Commencement Date.
(b) Contractor shall make such interior and exterior design and product-related changes as may be required by United from time to time, including both those for which the cost is borne by United pursuant to Section 3.4(a)(ix), and those that occur within Contractor’s normal aircraft and facility refurbishment program.
(c) date hereof. Contractor shall ensure that all Covered Aircraft are equipped with an ARINC aircraft communications addressing and reporting system (or such other system as is designated by United)that provides operational information in a form reasonably acceptable to Continental, half of the cost of which will be borne by Contractor with respect Continental, up to CRJ Covered Aircraftan amount equal to one-half of the amount which ARINC Incorporated would charge for providing similar services. Contractor shall make such interior and exterior design and product-related changes as may be required by United from time to time, including both those for which the cost is borne by United pursuant to Section 3.4(a)(ix), and those that occur within Contractor’s normal aircraft and facility refurbishment program.
(d) Contractor shall provide United Continental with timely communication regarding the status of all flights. Contractor shall, at its own expense, ensure that each Covered Aircraft is equipped with the software capability of providing ACARS-based data requested by United from time to time in United’s sole discretion, including without limitation as provided in Exhibit H hereto and relating to automated weight and balance procedures for each Scheduled FlightFlights, and shall accurately and timely perform such automated weight and balance procedures.
(e) Contractor shall maintain and utilize Contractor’s passenger and bag weight program approved by the FAA and existing on the Commencement Date (unless and until otherwise directed by the FAA).
(f) United shall timely inform Contractor closeout procedures at service levels at least as high as those of the required seat layouts of the E175 Covered Aircraft (for SHARES Seat Map)Continental at comparably-sized airports. Contractor shall ensure that all Scheduled Flights using E175 Covered Aircraft are capable of operating in Category 2 conditions (with respect to instrument landing systems), crew training and other requirements to provide such capability.
(g) Contractor will use UnitedContinental’s standard procedures for processing and adjudicating all claims for which Contractor is responsible in an effort to avoid such matters becoming the subject of claims, litigation or an investigation by a governmental agency or authority. At either party’s request, Contractor and United Continental will meet to discuss and review Contractor’s customer service and handling procedures and policies and its employees’ conduct, appearance and training standards and policies.
(h) Contractor acknowledges that United may implement programs to evaluate the delivery of customer service and adherence to customer service standards established by United and Contractor hereby agrees to fully comply with all aspects of any such programs. Contractor acknowledges that pursuant to such programs United may directly observe customer service delivery and provide Contractor with findings and corrective actions. Contractor acknowledges that Contractor’s required compliance with such programs shall include without limitation (i) Contractor’s provision of certain data to United, as requested, for customer service quality evaluations and assessments by United and (ii) Contractor’s compliance with corrective actions required by United. United Continental shall give Contractor not less than 15 days prior written notice of any non-safety-related alleged breach of this Section 4.3, identifying with reasonable specificity such alleged breach, not less than fifteen (15) days 4.03 prior to exercising any remedy regarding such alleged breach.
(i) Contractor agrees to participate in the United Cargo Program.
Appears in 1 contract
Sources: Capacity Purchase Agreement (Republic Airways Holdings Inc)
Quality of Service. (a) At all times, Contractor shall provide Contractor Regional Airline Services with appropriate standards of care, but in no event lower than such standards utilized by United Contractor as of the date of this Agreement. United Continental procedures, performance standards and means of measurement thereof concerning the provision of air passenger and air cargo services shall be applicable to all Regional Airline Services provided by Contractor. Contractor shall achieve at least the comparable quality of airline service as provided by UnitedContinental, subject to limitations imposed by the type of aircraft used by Contractor, its route network and the availability of equipment and facilities, as compared to those of Continental. Contractor shall comply with all airline customer service commitments, commitments or policies and service standards of United Continental as of the Commencement Datedate hereof, including without limitation the “Customer FirstCustomerFirst” commitments, on board services requirements and employee conduct, appearance and training policies in place as of the Commencement Datedate hereof, and shall handle customer-related services in a professional, businesslike and courteous manner. In connection therewith, Contractor shall maintain aircraft cleaning cycles and policies, shall comply with the provisions set forth in Exhibit J and shall maintain adequate staffing levels, to ensure at least a comparable level of customer service and operational efficiency that United Continental achieves, including without limitation in respect of customer complaint response, ticketing and boarding timing, oversales, and baggage services and handling of irregular operationsservices. In addition, at the request of UnitedContinental, Contractor shall comply with all such airline customer service commitments, policies and or standards of care of United Continental as adopted, amended or supplemented after the Commencement Date.
(b) date hereof, provided that Continental shall reimburse Contractor shall make for the reasonable out-of-pocket costs of Contractor of complying with such interior and exterior design and product-related changes policies in excess of the costs of complying with such policies as may be required by United from time to time, including both those for which in effect as of the cost is borne by United pursuant to Section 3.4(a)(ix), and those that occur within Contractor’s normal aircraft and facility refurbishment program.
(c) Contractor shall ensure that all Covered Aircraft are equipped with an ARINC aircraft communications addressing and reporting system (or such other system as is designated by United), the cost date of which will be borne by Contractor with respect to CRJ Covered Aircraftthis Agreement. Contractor shall make such interior and exterior design and product-related changes as may be required by United from time to time, including both those for which the cost is borne by United pursuant to Section 3.4(a)(ix), and those that occur within Contractor’s normal aircraft and facility refurbishment program.
(d) Contractor shall provide United Continental with timely communication regarding the status of all flights. Contractor shall, at its own expense, ensure that each Covered Aircraft is equipped with the software capability of providing ACARS-based data requested by United from time to time in United’s sole discretion, including without limitation as provided in Exhibit H hereto and relating to automated weight and balance procedures for each Scheduled FlightFlights, and shall accurately and timely perform such automated weight and balance procedures.
(e) Contractor shall maintain and utilize Contractor’s passenger and bag weight program approved by the FAA and existing on the Commencement Date (unless and until otherwise directed by the FAA).
(f) United shall timely inform Contractor closeout procedures at service levels at least as high as those of the required seat layouts of the E175 Covered Aircraft (for SHARES Seat Map)Continental at comparably-sized airports. Contractor shall ensure that all Scheduled Flights using E175 Covered Aircraft are capable of operating in Category 2 conditions (with respect to instrument landing systems), crew training and other requirements to provide such capability.
(g) Contractor will use UnitedContinental’s standard procedures for processing and adjudicating all claims for which Contractor is responsible in an effort to avoid such matters becoming the subject of claims, litigation or an investigation by a governmental agency or authorityinsurance claims. At either party’s request, Contractor and United Continental will periodically meet to discuss and review Contractor’s customer service and handling procedures and policies and its employees’ conduct, appearance and training standards and policies.
(h) Contractor acknowledges that United may implement programs policies in an effort to evaluate ensure compliance with this Agreement, and to agree to the delivery of customer service and adherence to customer service standards established by United and Contractor hereby agrees to fully comply with all aspects terms of any such programs. Contractor acknowledges that pursuant to such programs United may directly observe customer service delivery necessary corrective action plan and provide Contractor with findings and corrective actions. Contractor acknowledges that Contractor’s required compliance with such programs shall include without limitation (i) Contractor’s provision the timing of certain data to United, as requested, for customer service quality evaluations and assessments by United and (ii) Contractor’s compliance with corrective actions required by United. United shall give Contractor written notice of any non-safety-related alleged breach of this Section 4.3, identifying with reasonable specificity such alleged breach, not less than fifteen (15) days prior to exercising any remedy regarding such alleged breachits implementation.
(i) Contractor agrees to participate in the United Cargo Program.
Appears in 1 contract
Sources: Capacity Purchase Agreement (Expressjet Holdings Inc)
Quality of Service. (a) At all times, Contractor shall provide Contractor Services with appropriate standards of care, but in no event lower than such standards utilized by United as of the date of this Agreement. United procedures, performance standards and means of measurement thereof concerning the provision of air passenger and air cargo services shall be applicable to all Regional Airline Services provided by Contractor. Contractor shall achieve at least the comparable quality of airline service as provided by United. Contractor shall comply with all airline customer service commitments, policies and service standards of United as of the Commencement Date, including without limitation the “Customer First” commitments, on board services requirements and employee conduct, appearance and training policies in place as of the Commencement Date, and shall handle customer-related services in a professional, businesslike and courteous manner. In connection therewith, Contractor shall maintain aircraft cleaning cycles and policies, shall comply with the provisions set forth in Exhibit J and shall maintain adequate staffing levels, to ensure at least a comparable level of customer service and operational efficiency that United achieves, including without limitation in respect of customer complaint response, ticketing and boarding timing, oversales, baggage services and handling of irregular operations. In addition, at the request of United, Contractor shall comply with all such airline customer service commitments, policies and standards of care of United as adopted, amended or supplemented after the Commencement Date.
(b) Contractor shall make such interior and exterior design and product-related changes as may be required by United from time to time, including both those for which the cost is borne by United pursuant to Section 3.4(a)(ix), and those that occur within Contractor’s normal aircraft and facility refurbishment program.
(c) Contractor shall ensure that all Covered Aircraft are equipped with an ARINC aircraft communications addressing and reporting system (or such other system as is designated by United), the cost of which will be borne by Contractor with respect to CRJ CRJ900 Covered Aircraft. Contractor shall make such interior and exterior design and product-related changes as may be required by United from time to time, including both those for which the cost is borne by United pursuant to Section 3.4(a)(ix), and those that occur within Contractor’s normal aircraft and facility refurbishment program.
(d) Contractor shall provide United with timely communication regarding the status of all flights. Contractor shall, at its own expense, ensure that each Covered Aircraft is equipped with the software capability of providing ACARS-based data requested by United from time to time in United’s sole discretion, including without limitation as provided in Exhibit H hereto and relating to automated weight and balance procedures for each Scheduled Flight, and shall accurately and timely perform such automated weight and balance procedures.
(e) Contractor shall maintain and utilize Contractor’s passenger and bag weight program approved by the FAA and existing on the Commencement Date (unless and until otherwise directed by the FAA).
(f) United shall timely inform Contractor of the required seat layouts of the E175 Covered Aircraft (for SHARES Seat Map). Contractor shall ensure that all Scheduled Flights using E175 Covered Aircraft are capable of operating in Category 2 conditions (with respect to instrument landing systems), crew training and other requirements to provide such capability.
(g) Contractor will use United’s standard procedures for processing and adjudicating all claims for which Contractor is responsible in an effort to avoid such matters becoming the subject of claims, litigation or an investigation by a governmental agency or authority. At either party’s request, Contractor and United will meet to discuss and review Contractor’s customer service and handling procedures and policies and its employees’ conduct, appearance and training standards and policies.
(h) Contractor acknowledges that United may implement programs to evaluate the delivery of customer service and adherence to customer service standards established by United and Contractor hereby agrees to fully comply with all aspects of any such programs. Contractor acknowledges that pursuant to such programs United may directly observe customer service delivery and provide Contractor with findings and corrective actions. Contractor acknowledges that Contractor’s required compliance with such programs shall include without limitation (i) Contractor’s provision of certain data to United, as requested, for customer service quality evaluations and assessments by United and (ii) Contractor’s compliance with corrective actions required by United. United shall give Contractor written notice of any non-safety-related alleged breach of this Section 4.3, identifying with reasonable specificity such alleged breach, not less than fifteen (15) days prior to exercising any remedy regarding such alleged breach.
(i) Contractor agrees to participate in the United Cargo Program.
Appears in 1 contract
Quality of Service. (a) At all times, Contractor shall provide Contractor Regional Airline Services with appropriate standards of care, but in no event lower than such standards utilized by United as of the date of this AgreementContractor in 2009. United Continental procedures, performance standards and means of measurement thereof concerning the provision of air passenger and air cargo services shall be applicable to all Regional Airline Services provided by Contractor; provided that all such procedures and means of measurement shall be no more stringent than those used by Continental with respect to the performance of all other operators of regional jet aircraft for Continental. Contractor shall achieve at least the comparable quality of airline service as provided by UnitedContinental, subject to limitations imposed by the type of aircraft used by Contractor and its route network. Contractor shall comply with all airline customer service commitments, commitments and policies and service standards of United Continental as of the Commencement Effective Date, including without limitation the “Customer FirstCustomerFirst” commitments, on board services requirements and employee conduct, appearance and training policies in place as of the Commencement Effective Date, and shall handle customer-related services in a professional, businesslike and courteous manner. In connection therewith, Contractor shall maintain aircraft cleaning cycles and policies, shall comply with the provisions set forth in Exhibit J and shall maintain adequate staffing levels, to ensure at least a comparable level of customer service and operational efficiency that United Continental achieves, including without limitation in respect of customer complaint response, ticketing and boarding timing, oversales, baggage services and handling of irregular operations. In addition, at the request of UnitedContinental, Contractor shall comply with all such airline customer service commitments, policies and standards of care of United Continental as adopted, amended or supplemented after the Commencement Effective Date.
(b) Contractor shall make such interior and exterior design and product-related changes as may be required by United from time to time, including both those for which the cost is borne by United pursuant to Section 3.4(a)(ix), and those that occur within Contractor’s normal aircraft and facility refurbishment program.
(c) . Contractor shall ensure that all Covered Aircraft are equipped with an ARINC aircraft communications addressing and reporting system (or such other system as is designated by UnitedContinental), the cost of which will be borne by Contractor with respect to CRJ Covered AircraftContinental. Contractor shall make such interior and exterior design and product-related changes as may be required by United Continental from time to time, including both those for which the cost is borne by United Continental pursuant to Section 3.4(a)(ix3.04(b), and those that occur within Contractor’s normal aircraft and facility refurbishment program.
(d) . Contractor shall provide United Continental with timely communication regarding the status of all flightsScheduled Flights, and shall perform closeout procedures, in both cases, at service levels at least as high as those of Continental at comparably-sized airports. Contractor shall, at its own expense, ensure that each Covered Aircraft is equipped with shall maintain the software capability of providing performing ACARS-based data requested by United from time to time in United’s sole discretion, including without limitation as provided in Exhibit H hereto and relating to automated weight and balance procedures for each Scheduled Flight, and shall accurately and timely perform such automated weight and balance procedures.
(e) . Contractor shall maintain and utilize Contractor’s passenger and bag weight program approved by the FAA and existing on the Commencement Effective Date (unless and until otherwise directed by the FAA).
(f) United shall timely inform Contractor of the required seat layouts of the E175 Covered Aircraft (for SHARES Seat Map). Contractor shall ensure that all Scheduled Flights using E175 Covered Aircraft are capable of operating in Category 2 conditions (with respect to instrument landing systems), crew training and other requirements to provide such capability.
(g) conditions. Contractor will use UnitedContinental’s standard procedures for processing and adjudicating all claims for which Contractor is responsible in an effort to avoid such matters becoming the subject of claims, litigation or an investigation by a governmental agency or authority. At either party’s request, Contractor and United Continental will meet to discuss and review Contractor’s customer service and handling procedures and policies and its employees’ conduct, appearance and training standards and policies.
(h) Contractor acknowledges that United may implement programs to evaluate the delivery of customer service and adherence to customer service standards established by United and Contractor hereby agrees to fully comply with all aspects of any such programs. Contractor acknowledges that pursuant to such programs United may directly observe customer service delivery and provide Contractor with findings and corrective actions. Contractor acknowledges that Contractor’s required compliance with such programs shall include without limitation (i) Contractor’s provision of certain data to United, as requested, for customer service quality evaluations and assessments by United and (ii) Contractor’s compliance with corrective actions required by United. United Continental shall give Contractor written notice of any non-safety-related alleged breach of this Section 4.34.03, identifying with reasonable specificity such alleged breach, not less than fifteen (15) 15 days prior to exercising any remedy regarding such alleged breach.
(i) Contractor agrees to participate in the United Cargo Program.
Appears in 1 contract
Quality of Service. (a) At all timesSubject to the limitations set forth in Section 4.01, Contractor shall provide Contractor Services with appropriate standards of care, but in no event lower than such standards utilized by United as of the date of this Agreement. United procedures, performance standards and means of measurement thereof concerning the provision of air passenger and air cargo services that are applicable to all United Express carriers shall be applicable to all Regional Airline Services provided by Contractor. Contractor shall achieve at least the comparable (on an aggregate basis) quality of airline service as provided and standards of care generally required by UnitedUnited of its other United Express carriers, subject to limitations imposed by the type of aircraft used by Contractor and its route network. Contractor shall comply with all applicable airline customer service commitments, commitments and policies and service standards of United applicable to United Express carriers as of the Commencement Datedate hereof, including without limitation the “Our United Customer First” commitmentsCommitment”, on board services requirements and employee conduct, appearance and training policies in [***]=[CONFIDENTIAL PORTION HAS BEEN OMITTED BECAUSE IT (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED] place as of the Commencement Datedate hereof, and shall handle customer-related services in a professional, businesslike and courteous manner. In connection therewith, Contractor shall maintain aircraft cleaning cycles and policies, shall comply with the provisions set forth in Exhibit J J, and shall shall, subject to Section 4.19 and Paragraph B(4)(d) of Schedule 3, maintain adequate staffing levels, to ensure at least a comparable level of customer service and operational efficiency that United achievesachieves or generally requires of its other United Express carriers, including without limitation in respect of customer complaint response, ticketing response and boarding timing, oversales, baggage services and handling of irregular operations. In addition, at the request of United, Contractor shall comply with all such airline customer service commitments, policies and standards of care of United applicable to United Express carriers as adopted, amended or supplemented after the Commencement Date.
(b) Contractor shall make such interior and exterior design and product-related changes as may be required by United from time to time, including both those for which the cost is borne by United pursuant to Section 3.4(a)(ix), and those that occur within Contractor’s normal aircraft and facility refurbishment program.
(c) date hereof. Contractor shall ensure that all Covered Aircraft are equipped with an ARINC aircraft communications addressing and reporting system (or such other system as is designated by “ACARS”) that provides operational information in a form reasonably acceptable to United), the cost of which will be borne by Contractor with respect to CRJ Covered Aircraft. Contractor shall make such interior and exterior design and product-related changes as may be required by United from time to time, including both those for which the cost is borne by United pursuant to Section 3.4(a)(ix), and those that occur within Contractor’s normal aircraft and facility refurbishment program.
(d) Contractor shall provide United with timely communication regarding the status of all flights. Contractor shall, at its own expense, ensure that each Covered Aircraft is equipped with the software capability of providing ACARS-based data requested by United from time to time in United’s sole discretion, including without limitation as provided in Exhibit H hereto and relating to automated weight and balance procedures for each Scheduled FlightFlights, and shall accurately and perform the necessary functions to allow the completion of timely perform such automated weight and balance procedures.
(e) Contractor shall maintain and utilize Contractorcloseout procedures at United’s passenger and bag weight program approved by the FAA and existing on the Commencement Date (unless and until otherwise directed by the FAA).
(f) United shall timely inform Contractor of the required seat layouts of the E175 Covered Aircraft (for SHARES Seat Map)mainline service levels at comparably sized airports. Contractor shall ensure that all Scheduled Flights using E175 Covered Aircraft are capable of operating in remain Category 2 conditions (with respect to instrument landing systems), crew training and other requirements to provide such capability.
(g) certified at all times during the Term of Agreement. Contractor will use United’s standard procedures for processing and adjudicating all claims for which Contractor is responsible in an effort to avoid such matters becoming the subject of claims, litigation or an investigation by a governmental agency or authority. At either party’s request, Contractor and United will meet to discuss and review Contractor’s customer service and handling procedures and policies and its employees’ conduct, appearance and training standards and policies.
(h) Contractor acknowledges that United may implement programs to evaluate the delivery of customer service and adherence to customer service standards established by United and Contractor hereby agrees to fully comply with all aspects of any such programs. Contractor acknowledges that pursuant to such programs United may directly observe customer service delivery and provide Contractor with findings and corrective actions. Contractor acknowledges that Contractor’s required compliance with such programs shall include without limitation (i) Contractor’s provision of certain data to United, as requested, for customer service quality evaluations and assessments by United and (ii) Contractor’s compliance with corrective actions required by United. United shall give Contractor written notice of any non-safety-related alleged breach of this Section 4.3, identifying with reasonable specificity such alleged breach, not less than fifteen (15) days prior written notice which notice identifies specifically the quality of service failures asserted by United and provides Contractor with an opportunity to cure of any non-safety related breach of this Section 4.03 prior to exercising any remedy regarding such alleged breach.
(i) Contractor agrees to participate in the United Cargo Program.
Appears in 1 contract
Sources: Capacity Purchase Agreement (Harbor Diversified, Inc.)
Quality of Service. (a) At all times, Contractor shall provide Contractor Regional Airline Services with appropriate standards of care, but in no event lower than such standards utilized by United Contractor as of the date of this Agreement. United Continental procedures, performance standards and means of measurement thereof concerning the provision of air passenger and air cargo services shall be applicable to all Regional Airline Services provided by Contractor. Contractor shall achieve at least the comparable quality of airline service as provided by UnitedContinental, subject to limitations imposed by the type of aircraft used by Contractor, its route network and the availability of equipment and facilities, as compared to those of Continental. Contractor shall comply with all airline customer service commitments, commitments or policies and service standards of United Continental as of the Commencement Datedate hereof, including without limitation the “Customer First” "CustomerFirst" commitments, on board services requirements and employee conduct, appearance and training policies in place as of the Commencement Datedate hereof, and shall handle customer-related services in a professional, businesslike and courteous manner. In connection therewith, Contractor shall maintain aircraft cleaning cycles and policies, shall comply with the provisions set forth in Exhibit J and shall maintain adequate staffing levels, to ensure at least a comparable level of customer service and operational efficiency that United Continental achieves, including without limitation in respect of customer complaint response, ticketing and boarding timing, oversales, and baggage services and handling of irregular operationsservices. In addition, at the request of UnitedContinental, Contractor shall comply with all such airline customer service commitments, policies and or standards of care of United Continental as adopted, amended or supplemented after the Commencement Date.
(b) date hereof, provided that Continental shall reimburse Contractor shall make for the reasonable out-of-pocket costs of Contractor of complying with such interior and exterior design and product-related changes policies in excess of the costs of complying with such policies as may be required by United from time to time, including both those for which in effect as of the cost is borne by United pursuant to Section 3.4(a)(ix), and those that occur within Contractor’s normal aircraft and facility refurbishment program.
(c) Contractor shall ensure that all Covered Aircraft are equipped with an ARINC aircraft communications addressing and reporting system (or such other system as is designated by United), the cost date of which will be borne by Contractor with respect to CRJ Covered Aircraftthis Agreement. Contractor shall make such interior and exterior design and product-related changes as may be required by United from time to time, including both those for which the cost is borne by United pursuant to Section 3.4(a)(ix), and those that occur within Contractor’s normal aircraft and facility refurbishment program.
(d) Contractor shall provide United Continental with timely communication regarding the status of all flights. Contractor shall, at its own expense, ensure that each Covered Aircraft is equipped with the software capability of providing ACARS-based data requested by United from time to time in United’s sole discretion, including without limitation as provided in Exhibit H hereto and relating to automated weight and balance procedures for each Scheduled FlightFlights, and shall accurately and timely perform such automated weight and balance procedures.
(e) Contractor shall maintain and utilize Contractor’s passenger and bag weight program approved by the FAA and existing on the Commencement Date (unless and until otherwise directed by the FAA).
(f) United shall timely inform Contractor closeout procedures at service levels at least as high as those of the required seat layouts of the E175 Covered Aircraft (for SHARES Seat Map)Continental at comparably-sized airports. Contractor shall ensure that all Scheduled Flights using E175 Covered Aircraft are capable of operating in Category 2 conditions (with respect to instrument landing systems), crew training and other requirements to provide such capability.
(g) Contractor will use United’s Continental's standard procedures for processing and adjudicating all claims for which Contractor is responsible in an effort to avoid such matters becoming the subject of claims, litigation or an investigation by a governmental agency or authorityinsurance claims. At either party’s request, Contractor and United Continental will periodically meet to discuss and review Contractor’s 's customer service and handling procedures and policies and its employees’ ' conduct, appearance and training standards and policies.
(h) Contractor acknowledges that United may implement programs policies in an effort to evaluate ensure compliance with this Agreement, and to agree to the delivery of customer service and adherence to customer service standards established by United and Contractor hereby agrees to fully comply with all aspects terms of any such programs. Contractor acknowledges that pursuant to such programs United may directly observe customer service delivery necessary corrective action plan and provide Contractor with findings and corrective actions. Contractor acknowledges that Contractor’s required compliance with such programs shall include without limitation (i) Contractor’s provision the timing of certain data to United, as requested, for customer service quality evaluations and assessments by United and (ii) Contractor’s compliance with corrective actions required by United. United shall give Contractor written notice of any non-safety-related alleged breach of this Section 4.3, identifying with reasonable specificity such alleged breach, not less than fifteen (15) days prior to exercising any remedy regarding such alleged breachits implementation.
(i) Contractor agrees to participate in the United Cargo Program.
Appears in 1 contract
Sources: Capacity Purchase Agreement (Continental Airlines Inc /De/)