Common use of AIRLINE Commitments Clause in Contracts

AIRLINE Commitments. A. Provide in advance Delta and MAC with AIRLINE’s schedule on a monthly basis and the specific time in advance of the aircraft arrival that AIRLINE requests the Ground Handling Company to be allowed to stage equipment on the Delta designated gate. In most cases, Gate TBD shall be the gate designated by Delta; however this gate assignment is subject to change by Delta based on the operating conditions of any given day. B. Provide Delta with as much notice as possible of aircraft arrival and departure time changes that occur for various reasons on a day-to-day basis to ensure proper access to gates and the FIS bag room. C. To the best of AIRLINE’s ability, ensure only ground handling equipment incidental to the servicing of its aircraft operations may be positioned on the ramp adjacent to the applicable gate. Equipment may be staged on the gate no more than 20 minutes in advance of aircraft arrival and must be removed promptly upon departure of the aircraft. D. To the best of AIRLINE’s ability, ensure its aircraft does not remain on the gate after arrival any longer than two hours for narrow-body aircraft and three hours for wide-body aircraft. In the event an aircraft is not able to depart the gate within the applicable two or three hour limit and Delta is requiring use of the gate, AIRLINE shall relocate the aircraft to either another gate location designated by Delta or to a remote parking area designated by MAC or MAC’s agent. AIRLINE shall be responsible for the cost of parking its aircraft on another gate designated by Delta or within a remote parking area designated by MAC. E. AIRLINE assumes responsibility for its above-wing operations through use of AIRLINE’s employees or a 3rd party handler. F. AIRLINE shall secure ticket counter and outbound baggage areas from MAC and shall be responsible for all costs relating to the use of or construction of such areas. G. AIRLINE shall pay MAC all fees related to its use of a gate and the FIS facility as required by the Airline Agreement. H. In the event Airline exercises its rights pursuant to Section III.C.3 of the Agreement, AIRLINE agrees to indemnify, defend, save and hold harmless MAC and Delta and their respective Commissioners, officers, and employees (collectively, “Indemnitees”) from and against any and all liabilities, losses, damages, suits, actions, claims, judgments, settlements, fines or demands of any person other than an Indemnitee arising by reason of injury or death of any person, or damage to any property, including all reasonable costs for investigation and defense thereof (including but not limited to attorneys’ fees, court costs, and expert fees), of any nature whatsoever arising out of or incident to the use or occupancy of, or operations of AIRLINE at or about the Gates unless such injury, death or damage is caused by (i) the negligent act or omission of an Indemnitee whether separate or concurrent with negligence of others, including AIRLINE. MAC and Delta shall give AIRLINE reasonable notice of any such claims or actions. In indemnifying or defending MAC and Delta, AIRLINE shall use legal counsel reasonably acceptable to MAC and Delta and shall control the defense of such claim or action.

Appears in 2 contracts

Samples: Airline Operating Agreement and Terminal Building Lease (Sun Country Airlines Holdings, Inc.), Airline Operating Agreement and Terminal Building Lease (Sun Country Airlines Holdings, Inc.)

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AIRLINE Commitments. A. Provide in advance Delta Northwest and MAC with AIRLINE’s schedule on a monthly basis and the specific time in advance of the aircraft arrival that AIRLINE requests the Ground Handling Company to be allowed to stage equipment on the Delta Northwest designated gate. In most cases, Gate TBD shall be the gate designated by DeltaNorthwest; however this gate assignment is subject to change by Delta Northwest based on the operating conditions of any given day. B. Provide Delta Northwest with as much notice as possible of aircraft arrival and departure time changes that occur for various reasons on a day-to-day basis to ensure proper access to gates and the FIS bag room. C. To the best of AIRLINE’s ability, ensure only ground handling equipment incidental to the servicing of its aircraft operations may be positioned on the ramp adjacent to the applicable gate. Equipment may be staged on the gate no more than 20 minutes in advance of aircraft arrival and must be removed promptly upon departure of the aircraft. D. To the best of AIRLINE’s ability, ensure its aircraft does not remain on the gate after arrival any longer than two hours for narrow-body aircraft and three hours for wide-body aircraft. In the event an aircraft is not able to depart the gate within the applicable two or three hour limit and Delta Northwest is requiring use of the gate, AIRLINE shall relocate the aircraft to either another gate location designated by Delta Northwest or to a remote parking area designated by MAC or MAC’s agent. AIRLINE shall be responsible for the cost of parking its aircraft on another gate designated by Delta Northwest or within a remote parking area designated by MAC. E. AIRLINE assumes responsibility for its above-wing operations through use of AIRLINE’s employees or a 3rd party handler. F. AIRLINE shall secure ticket counter and outbound baggage areas from MAC and shall be responsible for all costs relating to the use of or construction of such areas. G. AIRLINE shall pay MAC all fees related to its use of a gate and the FIS facility as required by the Airline Agreement. H. In the event Airline exercises its rights pursuant to Section III.C.3 of the Agreement2007A Amendment, AIRLINE agrees to indemnify, defend, save and hold harmless MAC and Delta Northwest and their respective Commissioners, officers, and employees (collectively, “Indemnitees”) from and against any and all liabilities, losses, damages, suits, actions, claims, judgments, settlements, fines or demands of any person other than an Indemnitee arising by reason of injury or death of any person, or damage to any property, including all reasonable costs for investigation and defense thereof (including but not limited to attorneys’ fees, court costs, and expert fees), of any nature whatsoever arising out of or incident to the use or occupancy of, or operations of AIRLINE at or about the Gates unless such injury, death or damage is caused by (i) the negligent act or omission of an Indemnitee whether separate or concurrent with negligence of others, including AIRLINE. MAC and Delta Northwest shall give AIRLINE reasonable notice of any such claims or actions. In indemnifying or defending MAC and DeltaNorthwest, AIRLINE shall use legal counsel reasonably acceptable to MAC and Delta Northwest and shall control the defense of such claim or action.

Appears in 1 contract

Samples: Airline Operating Agreement and Terminal Building Lease (Northwest Airlines Corp)

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AIRLINE Commitments. A. Provide in advance Delta Northwest and MAC with AIRLINE’s schedule on a monthly basis and the specific time in advance of the aircraft arrival that AIRLINE requests the Ground Handling Company to be allowed to stage equipment on the Delta Northwest designated gate. In most cases, Gate TBD shall be the gate designated by DeltaNorthwest; however this gate assignment is subject to change by Delta Northwest based on the operating conditions of any given day. B. Provide Delta Northwest with as much notice as possible of aircraft arrival and departure time changes that occur for various reasons on a day-to-day basis to ensure proper access to gates and the FIS bag room. C. To the best of AIRLINE’s ability, ensure only ground handling equipment incidental to the servicing of its aircraft operations may be positioned on the ramp adjacent to the applicable gate. Equipment may be staged on the gate no more than 20 minutes in advance of aircraft arrival and must be removed promptly upon departure of the aircraft. D. To the best of AIRLINE’s ability, ensure its aircraft does not remain on the gate after arrival any longer than two hours for narrow-body aircraft and three hours for wide-body aircraft. In the event an aircraft is not able to depart the gate within the applicable two or three hour limit and Delta Northwest is requiring use of the gate, AIRLINE shall relocate the aircraft to either another gate location designated by Delta Northwest or to a remote parking area designated by MAC or MAC’s agent. AIRLINE shall be responsible for the cost of parking its aircraft on another gate designated by Delta Northwest or within a remote parking area designated by MAC. E. AIRLINE assumes responsibility for its above-wing operations through use of AIRLINE’s employees or a 3rd party handler. F. AIRLINE shall secure ticket counter and outbound baggage areas from MAC and shall be responsible for all costs relating to the use of or construction of such areas. G. AIRLINE shall pay MAC all fees related to its use of a gate and the FIS facility as required by the Airline Agreement. H. In the event Airline exercises its rights pursuant to Section III.C.3 of the Agreement2007A Amendment, AIRLINE agrees to indemnify, defend, save and hold harmless MAC and Delta Northwest and their respective Commissioners, officers, and employees (collectively, “Indemnitees”) from and against any and all liabilities, losses, damages, suits, actions, claims, judgments, settlements, fines or demands of any person other than an Indemnitee arising by reason of injury or death of any person, or damage to any property, including all reasonable costs for investigation and defense thereof (including but not limited to attorneys’ fees, court costs, and expert fees), of any nature whatsoever arising out of or incident to the use or occupancy of, or operations of AIRLINE at or about the Gates unless such injury, death or damage is caused by (i) the negligent act or omission of an Indemnitee whether separate or concurrent with negligence of others, including AIRLINE. MAC and Delta Northwest shall give AIRLINE reasonable notice of any such claims or actions. In indemnifying or defending MAC and DeltaNorthwest, AIRLINE shall use legal counsel reasonably acceptable to MAC and Delta Northwest and shall control the defense of such claim or action.

Appears in 1 contract

Samples: Airline Operating Agreement and Terminal Building Lease (Northwest Airlines Corp)

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