Common use of Additional Projects Clause in Contracts

Additional Projects. 10.04.1 The Authority will provide the Airline Representative with a list of any proposed Additional Projects for each Fiscal Year in advance of the Fiscal Year. The Authority will also provide the Airline Representative at least sixty (60) days notice before beginning any Additional Project not included in said list. No additional notification, approval, or other requirements shall apply to any Additional Projects except those in Airline Supported Areas. In addition, the Authority shall notify the Airline in writing if it intends to undertake Additional Projects in Airline Supported Areas. Such notice shall include the following: (i) A description of the proposed Additional Project(s) together with cost estimates, scheduling, and any preliminary drawings, if applicable; (ii) A statement of the need for the proposed Additional Project(s), along with the planned benefits to be derived from such expenditures; (iii) The Authority's means of financing or paying the costs of the proposed Additional Project(s); and (iv) The planned allocation of the costs thereof to the various Cost Centers and Sub-Centers and the estimated impact on Signatory Airline rates for rentals, fees, and charges. 10.04.2 Within thirty (30) days after the Authority's delivery of said notice of Additional Projects in Airline Supported Areas, the Authority shall schedule a meeting with the Signatory Airlines collectively, or with an airline committee selected by the Signatory Airlines. The Authority shall review and consider the comments, suggestions, and recommendations of the Airline together with the comments and recommendations of the other Signatory Airlines; provided, however, the Authority reserves the right to make, subject to the provisions of Paragraph 10.04.4 with respect to those Additional Projects to be financed with the proceeds of Bonds, the final decision with respect to such Additional Projects. After the meeting, the Authority shall notify the Airline of its decision on whether to proceed with the Additional Projects as proposed or modified. 10.04.3 If the Authority proceeds with Additional Projects in the Airline Supported Areas, the Authority shall provide the Airline Representative the following: 10.04.3.1 The scope, budget, and schedule for the Additional Project. 10.04.3.2 Copies of design submittals, if any, for the schematic, design, development, and construction document phases of the design process. Routine submittals will include site plans, floor plans, and elevations. Architectural and structural details or mechanical and electrical design documents will not be routinely submitted. Design submittals shall not include correspondence or minutes of meetings between the Authority and the designer. 10.04.3.3 An opportunity to meet with the Authority to discuss the Project design and the effects of Project construction on airfield operations or landside access. 10.04.3.4 Notice of pre-bid and pre-construction meetings. 10.04.4 With respect to Additional Projects in Airline Supported Areas which the Authority proposes to fund with the proceeds of Bonds, the following provisions shall apply: 10.04.4.1 If the Additional Project is within one or more of the following categories, no additional procedures are required: (i) Projects necessary to comply with any current or future law, rule, regulations, order or judgment of any Federal, state, or local agency (excluding the Authority) or court, or any Federal grant agreement or airport certification requirement, including any required modification or replacement of the National air traffic control facilities; (ii) Projects to improve the safe operation of the Airport; (iii) Projects to protect essential infrastructure from storm events or relocate such infrastructure; (iv) Projects for restoration or replacement of airport capacity; (v) Airfield projects eligible for Federal funding for which the Authority has received the full level of available eligible Federal funding; (vi) Projects with respect to which the Authority has received commitments from users to lease eighty percent (80%) or more of the leasable premises included in such project; (vii) Projects necessary to replace or repair damaged, destroyed, or condemned property to the extent that the amount of insurance or condemnation proceeds has been inadequate; (viii) Projects for the acquisition and installation of Equipment in accordance with Section 6.04; or (ix) Projects with respect to which the Authority has received approval of a Majority-in-Interest of the Signatory Airlines with respect to the Cost Center at the Airport in which the project is located. 10.04.4.2 If an Additional Project is not within one or more of the foregoing categories, then the Authority may issue Bonds to fund such project if (i) the estimated cost of the project is less than forty million dollars ($40,000,000) (stated in 2014 dollars and escalated in accordance with the ENR Construction Index - MidAtlantic Region); or (ii) when the estimated cost of the project exceeds forty million dollars ($40,000,000), as so escalated, Majority-in-Interest approval is obtained for the project. In the event of Majority-in-Interest disapproval of the project, the Authority may only issue Bonds to fund the project if it defers for one year from the date of Majority-in-Interest disapproval the issuance of such Bonds; thereafter, the Authority may issue such Bonds and proceed with the project (i) after obtaining Majority-in-Interest approval, or (ii) after requesting but not obtaining Majority-in-Interest approval, the Authority gives the Airline sixty (60) days notice of its intent to issue Bonds for the project. Commencing on the date of notification of the Authority's intent to proceed to issue Bonds and continuing for sixty (60) days thereafter, the Airline would have the right to terminate this Agreement upon one hundred eighty (180) days' written notice to the Authority; provided, if the Authority does not issue such Bonds, any such termination notice shall be ineffective.

Additional Projects. 10.04.1 10.05.1 The Authority will provide the Airline Representative with a list of any proposed Additional Projects for each Fiscal Year in advance of the Fiscal Year. The Authority will also provide the Airline Representative at least sixty (60) days notice before beginning any Additional Project not included in said list. No additional notification, approval, or other requirements shall apply to any other Additional Projects except those in Airline Supported Areas. In addition, the Authority shall notify the Airline in writing if it intends to undertake Additional Projects in Airline Supported Areas. Such notice shall include the following: (i) A description of the proposed Additional Project(s) together with cost estimates, scheduling, and any preliminary drawings, if applicable; (ii) A statement of the need for the proposed Additional Project(s), along with the planned benefits to be derived from such expenditures; (iii) The Authority's means of financing or paying the costs of the proposed Additional Project(s); and (iv) The planned allocation of the costs thereof to the various Cost Centers and Sub-Centers and the estimated impact on Signatory Airline rates for rentals, fees, and charges. 10.04.2 10.05.2 Within thirty (30) days after the Authority's delivery of said notice of Additional Projects in Airline Supported Areas, the Authority shall schedule a meeting with the Signatory Airlines collectively, or with an airline committee selected by the Signatory Airlines. The Authority shall review and consider the comments, suggestions, and recommendations of the Airline together with the comments and recommendations of the other Signatory Airlines; provided, however, the Authority reserves the right to make, subject to the provisions of Paragraph 10.04.4 10.05.4 with respect to those Additional additional Projects to be financed with the proceeds of Bonds, the final decision with respect to such Additional ProjectsProject. After the meeting, the Authority shall notify the Airline of its decision on whether to proceed with the Additional Projects Project as proposed or modified. 10.04.3 10.05.3 If the Authority proceeds with Additional Projects in the Airline Supported Areas, the Authority shall provide the Airline Representative the following: 10.04.3.1 (i) The scope, budget, and schedule for the Additional Project. 10.04.3.2 (ii) Copies of design submittals, if any, for the schematic, design, development, and construction document phases of the design process. Routine submittals will include site plans, floor plans, and elevations. Architectural and structural details or mechanical and electrical design documents will not be routinely submitted. Design submittals shall not include correspondence or minutes of meetings between the Authority and the designer. 10.04.3.3 (iii) An opportunity to meet with the Authority to discuss the Project design and the effects of Project construction on airfield operations or landside access. 10.04.3.4 (iv) Notice of pre-bid and pre-construction meetings. 10.04.4 With respect to Additional Projects in Airline Supported Areas which the Authority proposes to fund with the proceeds of Bonds, the following provisions shall apply: 10.04.4.1 If the Additional Project is within one or more of the following categories, no additional procedures are required: (i) Projects necessary to comply with any current or future law, rule, regulations, order or judgment of any Federal, state, or local agency (excluding the Authority) or court, or any Federal grant agreement or airport certification requirement, including any required modification or replacement of the National air traffic control facilities; (ii) Projects to improve the safe operation of the Airport; (iii) Projects to protect essential infrastructure from storm events or relocate such infrastructure; (iv) Projects for restoration or replacement of airport capacity; (v) Airfield projects eligible for Federal funding for which the Authority has received the full level of available eligible Federal funding; (vi) Projects with respect to which the Authority has received commitments from users to lease eighty percent (80%) or more of the leasable premises included in such project; (vii) Projects necessary to replace or repair damaged, destroyed, or condemned property to the extent that the amount of insurance or condemnation proceeds has been inadequate; (viii) Projects for the acquisition and installation of Equipment in accordance with Section 6.04; or (ix) Projects with respect to which the Authority has received approval of a Majority-in-Interest of the Signatory Airlines with respect to the Cost Center at the Airport in which the project is located. 10.04.4.2 If an Additional Project is not within one or more of the foregoing categories, then the Authority may issue Bonds to fund such project if (i) the estimated cost of the project is less than forty million dollars ($40,000,000) (stated in 2014 dollars and escalated in accordance with the ENR Construction Index - MidAtlantic Region); or (ii) when the estimated cost of the project exceeds forty million dollars ($40,000,000), as so escalated, Majority-in-Interest approval is obtained for the project. In the event of Majority-in-Interest disapproval of the project, the Authority may only issue Bonds to fund the project if it defers for one year from the date of Majority-in-Interest disapproval the issuance of such Bonds; thereafter, the Authority may issue such Bonds and proceed with the project (i) after obtaining Majority-in-Interest approval, or (ii) after requesting but not obtaining Majority-in-Interest approval, the Authority gives the Airline sixty (60) days notice of its intent to issue Bonds for the project. Commencing on the date of notification of the Authority's intent to proceed to issue Bonds and continuing for sixty (60) days thereafter, the Airline would have the right to terminate this Agreement upon one hundred eighty (180) days' written notice to the Authority; provided, if the Authority does not issue such Bonds, any such termination notice shall be ineffective.

Additional Projects. ‌ 10.04.1 The Authority will provide the Airline Representative with a list of any proposed Additional Projects for each Fiscal Year in advance of the Fiscal Year. The Authority will also provide the Airline Representative at least sixty (60) days notice before beginning any Additional Project not included in said list. No additional notification, approval, or other requirements shall apply to any Additional Projects except those in Airline Supported Areas. In addition, the Authority shall notify the Airline in writing if it intends to undertake Additional Projects in Airline Supported Areas. Such notice shall include the following: (i) A description of the proposed Additional Project(s) together with cost estimates, scheduling, and any preliminary drawings, if applicable; (ii) A statement of the need for the proposed Additional Project(s), along with the planned benefits to be derived from such expenditures; (iii) The Authority's means of financing or paying the costs of the proposed Additional Project(s); and (iv) The planned allocation of the costs thereof to the various Cost Centers and Sub-Centers and the estimated impact on Signatory Airline rates for rentals, fees, and charges. 10.04.2 Within thirty (30) days after the Authority's delivery of said notice of Additional Projects in Airline Supported Areas, the Authority shall schedule a meeting with the Long-Term Signatory Airlines collectively, or with an airline committee selected by the Long-Term Signatory Airlines. The Authority shall review and consider the comments, suggestions, and recommendations of the Airline together with the comments and recommendations of the other Long-Term Signatory Airlines; provided, however, the Authority reserves the right to make, subject to the provisions of Paragraph 10.04.4 with respect to those Additional Projects to be financed with the proceeds of Bonds, the final decision with respect to such Additional Projects. After the meeting, the Authority shall notify the Airline of its decision on whether to proceed with the Additional Projects as proposed or modified. 10.04.3 If the Authority proceeds with Additional Projects in the Airline Supported Areas, the Authority shall provide the Airline Representative the following: 10.04.3.1 The scope, budget, and schedule for the Additional Project. 10.04.3.2 Copies of design submittals, if any, for the schematic, design, development, and construction document phases of the design process. Routine submittals will include site plans, floor plans, and elevations. Architectural and structural details or mechanical and electrical design documents will not be routinely submitted. Design submittals shall not include correspondence or minutes of meetings between the Authority and the designer. 10.04.3.3 An opportunity to meet with the Authority to discuss the Project design and the effects of Project construction on airfield operations or landside access. 10.04.3.4 Notice of pre-bid and pre-construction meetings. 10.04.4 With respect to Additional Projects in Airline Supported Areas which the Authority proposes to fund with the proceeds of Bonds, the following provisions shall apply: 10.04.4.1 If the Additional Project is within one or more of the following categories, no additional procedures are required: (i) Projects necessary to comply with any current or future law, rule, regulations, order or judgment of any Federal, state, or local agency (excluding the Authority) or court, or any Federal grant agreement or airport certification requirement, including any required modification or replacement of the National air traffic control facilities; (ii) Projects to improve the safe operation of the Airport; (iii) Projects to protect essential infrastructure from storm events or relocate such infrastructure; (iv) Projects for restoration or replacement of airport capacity; (v) Airfield projects eligible for Federal funding for which the Authority has received the full level of available eligible Federal funding; (vi) Projects with respect to which the Authority has received commitments from users to lease eighty percent (80%) or more of the leasable premises included in such project; (vii) Projects necessary to replace or repair damaged, destroyed, or condemned property to the extent that the amount of insurance or condemnation proceeds has been inadequate; (viii) Projects for the acquisition and installation of Equipment in accordance with Section 6.04; or (ix) Projects with respect to which the Authority has received approval of a Majority-in-Interest of the Signatory Airlines with respect to the Cost Center at the Airport in which the project is located. 10.04.4.2 If an Additional Project is not within one or more of the foregoing categories, then the Authority may issue Bonds to fund such project if (i) the estimated cost of the project is less than forty million dollars ($40,000,000) (stated in 2014 dollars and escalated in accordance with the ENR Construction Index - MidAtlantic Region); or (ii) when the estimated cost of the project exceeds forty million dollars ($40,000,000), as so escalated, Majority-in-Interest approval is obtained for the project. In the event of Majority-in-Interest disapproval of the project, the Authority may only issue Bonds to fund the project if it defers for one year from the date of Majority-in-Interest disapproval the issuance of such Bonds; thereafter, the Authority may issue such Bonds and proceed with the project (i) after obtaining Majority-in-Interest approval, or (ii) after requesting but not obtaining Majority-in-Interest approval, the Authority gives the Airline sixty (60) days notice of its intent to issue Bonds for the project. Commencing on the date of notification of the Authority's intent to proceed to issue Bonds and continuing for sixty (60) days thereafter, the Airline would have the right to terminate this Agreement upon one hundred eighty (180) days' written notice to the Authority; provided, if the Authority does not issue such Bonds, any such termination notice shall be ineffective.Paragraph

Additional Projects. 10.04.1 10.05.1 The Authority will provide the Airline Representative with a list of any proposed Additional Projects for each Fiscal Year in advance of the Fiscal Year. The Authority will also provide the Airline Representative at least sixty (60) days notice before beginning any Additional Project not included in said list. No additional notification, approval, or other requirements shall apply to any other Additional Projects except those in Airline Supported Areas. In addition, the Authority shall notify the Airline in writing if it intends to undertake Additional Projects in Airline Supported Areas. Such notice shall include the following: (i) A description of the proposed Additional Project(s) together with cost estimates, scheduling, and any preliminary drawings, if applicable; (ii) A statement of the need for the proposed Additional Project(s), along with the planned benefits to be derived from such expenditures; (iii) The Authority's means of financing or paying the costs of the proposed Additional Project(s); and (iv) The planned allocation of the costs thereof to the various Cost Centers and Sub-Centers and the estimated impact on Signatory Airline rates for rentals, fees, and charges. 10.04.2 10.05.2 Within thirty (30) days after the Authority's delivery of said notice of Additional Projects in Airline Supported Areas, the Authority shall schedule a meeting with the Signatory Airlines collectively, or with an airline committee selected by the Signatory Airlines. The Authority shall review and consider the comments, suggestions, and recommendations of the Airline together with the comments and recommendations of the other Signatory Airlines; provided, however, the Authority reserves the right to make, subject to the provisions of Paragraph 10.04.4 with respect to those Additional Projects to be financed with the proceeds of Bonds, the final decision with respect to such Additional Projects. After the meeting, the Authority shall notify the Airline of its decision on whether to proceed with the Additional Projects as proposed or modified. 10.04.3 If the Authority proceeds with Additional Projects in the Airline Supported Areas, the Authority shall provide the Airline Representative the following: 10.04.3.1 The scope, budget, and schedule for the Additional Project. 10.04.3.2 Copies of design submittals, if any, for the schematic, design, development, and construction document phases of the design process. Routine submittals will include site plans, floor plans, and elevations. Architectural and structural details or mechanical and electrical design documents will not be routinely submitted. Design submittals shall not include correspondence or minutes of meetings between the Authority and the designer. 10.04.3.3 An opportunity to meet with the Authority to discuss the Project design and the effects of Project construction on airfield operations or landside access. 10.04.3.4 Notice of pre-bid and pre-construction meetings. 10.04.4 With respect to Additional Projects in Airline Supported Areas which the Authority proposes to fund with the proceeds of Bonds, the following provisions shall apply: 10.04.4.1 If the Additional Project is within one or more of the following categories, no additional procedures are required: (i) Projects necessary to comply with any current or future law, rule, regulations, order or judgment of any Federal, state, or local agency (excluding the Authority) or court, or any Federal grant agreement or airport certification requirement, including any required modification or replacement of the National air traffic control facilities; (ii) Projects to improve the safe operation of the Airport; (iii) Projects to protect essential infrastructure from storm events or relocate such infrastructure; (iv) Projects for restoration or replacement of airport capacity; (v) Airfield projects eligible for Federal funding for which the Authority has received the full level of available eligible Federal funding; (vi) Projects with respect to which the Authority has received commitments from users to lease eighty percent (80%) or more of the leasable premises included in such project; (vii) Projects necessary to replace or repair damaged, destroyed, or condemned property to the extent that the amount of insurance or condemnation proceeds has been inadequate; (viii) Projects for the acquisition and installation of Equipment in accordance with Section 6.04; or (ix) Projects with respect to which the Authority has received approval of a Majority-in-Interest of the Signatory Airlines with respect to the Cost Center at the Airport in which the project is located. 10.04.4.2 If an Additional Project is not within one or more of the foregoing categories, then the Authority may issue Bonds to fund such project if (i) the estimated cost of the project is less than forty million dollars ($40,000,000) (stated in 2014 dollars and escalated in accordance with the ENR Construction Index - MidAtlantic Region); or (ii) when the estimated cost of the project exceeds forty million dollars ($40,000,000), as so escalated, Majority-in-Interest approval is obtained for the project. In the event of Majority-in-Interest disapproval of the project, the Authority may only issue Bonds to fund the project if it defers for one year from the date of Majority-in-Interest disapproval the issuance of such Bonds; thereafter, the Authority may issue such Bonds and proceed with the project (i) after obtaining Majority-in-Interest approval, or (ii) after requesting but not obtaining Majority-in-Interest approval, the Authority gives the Airline sixty (60) days notice of its intent to issue Bonds for the project. Commencing on the date of notification of the Authority's intent to proceed to issue Bonds and continuing for sixty (60) days thereafter, the Airline would have the right to terminate this Agreement upon one hundred eighty (180) days' written notice to the Authority; provided, if the Authority does not issue such Bonds, any such termination notice shall be ineffective.recommendations