Slots and Route Authorities. Should Frontier schedule Covered Aircraft on international routes, Frontier will provide RAI notice of such intent no fewer than 150 days in advance of the intended start date. To the extent permitted under applicable laws and regulations, Frontier will obtain the necessary slots, route authorities or other approval required for such service at its own cost and expense, provided such items may be held and controlled by Frontier. If it is required that RAI, as the operator of the Scheduled Flights, obtain the authorities and approvals, or if Frontier is prohibited from holding such authorities and approvals in its own name, RAI will use its commercially reasonable efforts to obtain all necessary licenses, permits, route authorities or slots and complete all necessary filings and registrations, all at RAI’s sole cost and expense, in order to initiate such service. During the Term, RAI will operate Scheduled Flights on these routes solely on behalf of Frontier. At the request of Frontier made during the Term or upon termination of this Agreement, so long as Frontier is not in breach of a material obligation under this Agreement, RAI shall use its commercially reasonable efforts to transfer to Frontier or its designee, to the extent permitted by law, any airport takeoff or landing slots, route authorities or other similar regulatory authorizations held by RAI in connection with Scheduled Flights, or held or acquired by RAI and used for Scheduled Flights, in consideration of the payment to RAI of the reasonable, documented out of pocket expenses incurred by RAI in order to obtain such transferred rights, authorities and slots. Frontier will be responsible for all costs and expenses relating to such assignment, including without limitation reasonable attorneys’ fees. RAI's obligations herein shall survive the termination of this Agreement for so long as any transfer requested pursuant to this Section 4.08 shall not have been completed. RAI hereby agrees that all of RAI's contacts or communications with any applicable regulatory authority concerning any airport takeoff or landing slots, route authorities or other similar regulatory authorizations used for Scheduled Flights will be coordinated through Frontier. If any airport takeoff or landing slot, route authority or other similar regulatory authorization transferred to RAI by Frontier for use in connection with Scheduled Flights, or held by RAI and used for Scheduled Flights, is withdrawn or otherwise forfeited as a result of circumstances or events within RAI's reasonable control, then RAI agrees (i) to purchase a reasonably acceptable replacement slot, route authority or other similar regulatory authorization, or (ii) to pay to Frontier promptly upon demand an amount equal to the greater of (y) [* ]of the revenue loss for [*] days after the date such slot, authority or authorization is withdrawn or forfeited, or (z) the interrupted trip expense and reaccommodation costs incurred by Frontier due to the withdrawal or forfeiture of the slot, authority or authorization. * Confidential
Appears in 1 contract
Sources: Airline Services Agreement (Republic Airways Holdings Inc)
Slots and Route Authorities. Should Frontier schedule Covered Aircraft on international routes, Frontier will provide RAI notice of such intent no fewer than 150 days in advance of the intended start date. To the extent permitted under applicable laws and regulations, Frontier will obtain the necessary slots, route authorities or other approval required for such service at its own cost and expense, provided such items may be held and controlled by Frontier. If it is required that RAI, as the operator of the Scheduled Flights, obtain the authorities and approvals, or if Frontier is prohibited from holding such authorities and approvals in its own name, RAI will use its commercially reasonable efforts to obtain all necessary licenses, permits, route authorities or slots and complete all necessary filings and registrations, all at RAI’s 's sole cost and expense, in order to initiate such service. During the Term, RAI will operate Scheduled Flights on these routes solely on behalf of Frontier. At the request of Frontier made during the Term or upon termination of this Agreement, so long as Frontier is not in breach of a material obligation under this Agreement, RAI shall use its commercially reasonable efforts to transfer to Frontier or its designee, to the extent permitted by law, any airport takeoff or landing slots, route authorities or other similar regulatory authorizations held by RAI in connection with Scheduled Flights, or held or acquired by RAI and used for Scheduled Flights, in consideration of the payment to RAI of the reasonable, documented out of pocket expenses incurred by RAI in order to obtain such transferred rights, authorities and slots. Frontier will be responsible for all costs and expenses relating to such assignment, including without limitation reasonable attorneys’ ' fees. RAI's obligations herein shall survive the termination of this Agreement for so long as any transfer requested pursuant to this Section 4.08 shall not have been completed. RAI hereby agrees that all of RAI's contacts or communications with any applicable regulatory authority concerning any airport takeoff or landing slots, route authorities or other similar regulatory authorizations used for Scheduled Flights will be coordinated through Frontier. If any airport takeoff or landing slot, route authority or other similar regulatory authorization transferred to RAI by Frontier for use in connection with Scheduled Flights, or held by RAI and used for Scheduled Flights, is withdrawn or otherwise forfeited as a result of circumstances or events within RAI's reasonable control, then RAI agrees (i) to purchase a reasonably acceptable replacement slot, route authority or other similar regulatory authorization, or (ii) to pay to Frontier promptly upon demand an amount equal to the greater of (y) [* ]***] of the revenue loss for [***] days after the date such slot, authority or authorization is withdrawn or forfeited, or (z) the interrupted trip expense and reaccommodation costs incurred by Frontier due to the withdrawal or forfeiture of the slot, authority or authorization. *** Confidential
Appears in 1 contract
Sources: Airline Services Agreement (Frontier Airlines Holdings, Inc.)