Common use of Third Party Carriers Clause in Contracts

Third Party Carriers. With the prior written consent of an Amazon Leadership Representative (which may be granted or withheld in Amazon’s sole discretion), Sun Country may contract for the performance of Services with one or more third party certificated cargo air carriers (a “Third Party Carrier”). Sun Country and any Third Party Carrier is referred to individually as a “Carrier.” References to Third Party Carriers in this Agreement does not imply that the use of Third Party Carriers will be permitted and, if Amazon consents to the use of a Third Party Carrier: (a) Amazon’s payment obligations will not exceed the amount that would have been paid by Amazon had the flights been operated by Sun Country under the relevant Carrier Work Order; and (b) Sun Country will be solely responsible for the performance of the Third Party Carrier with respect to the determination of whether Sun Country has met the Performance Standards. Sun Country will remain jointly and severally responsible for the provision of Services notwithstanding any contracting of Services to any Carrier. Each Carrier performing Services under this Agreement will enter into a Carrier Work Order in the form of Exhibit B (a “Carrier Work Order”).

Third Party Carriers. With the prior written consent of an Amazon Leadership Representative (which may be granted or withheld in Amazon’s sole discretion), Sun Country Hawaiian may contract for the performance of Services with one or more an appropriately certificated and licensed third party certificated cargo air carriers carrier (a “Third Party Carrier”). Sun Country Hawaiian and any Third Party Carrier is referred to individually as a “Carrier.” References to Third Party Carriers in this Agreement does do not imply that the use of Third Party Carriers will be permitted and, if Amazon consents to the use of a Third Party Carrier: (a) Amazon’s payment obligations will not exceed the amount that would have been paid by Amazon had the flights been operated by Sun Country Hawaiian under the relevant Carrier Work Order; and (b) Sun Country Hawaiian will be solely responsible for the performance of the Third Party Carrier with respect to the determination of whether Sun Country Hawaiian has met the Performance Standards. Sun Country Hawaiian will remain jointly and severally responsible for the provision of Services notwithstanding any contracting of Services to any Third Party Carrier. Each Carrier performing CMI Services, ACMI Services, or Blocked Space Services under this Agreement will enter into a Carrier Work Order in the applicable form of from Exhibit B (a “Carrier Work Order”)) and will be bound by the provisions of this Agreement with respect to such Carrier Work Order.

Third Party Carriers. With the prior written consent of an Amazon Leadership Representative (which may be granted or withheld in Amazon’s sole discretion), Sun Country may contract for the performance of Services with one or more third third-party certificated cargo air carriers (a “Third Third-Party Carrier”). Each of Sun Country and any Third Third-Party Carrier is referred to individually as a “Carrier.” References to Third Third-Party Carriers in this Agreement does not imply that the use of Third Third-Party Carriers will be permitted and, if Amazon consents to the use of a Third Third-Party Carrier: (a) Amazon’s payment obligations will not exceed the amount that would have been paid by Amazon had the flights been operated by Sun Country under the relevant Carrier Work Order; and (b) Sun Country will be solely responsible for the performance of the Third Third-Party Carrier with respect to the determination of whether Sun Country has met the Performance Standards. Sun Country will remain jointly and severally responsible for the provision of Services notwithstanding any contracting of Services to any Carrier. Each Carrier performing Services under this Agreement will enter into a Carrier Work Order in the form of Exhibit B (a “Carrier Work Order”).