Common use of Airline Rights and Privileges at Both Airports Clause in Contracts

Airline Rights and Privileges at Both Airports. The Airline, together with others so authorized, shall have the following rights to use the Premises and equipment leased to the Airline pursuant to Article 6, and certain other areas and facilities at the Airports, including, but not limited to, Common Use Premises, all as shown on Exhibits X-X-0, X-X-0, X-X- 1, and D-B-2, but not including Premises leased Exclusively, Preferentially, or Jointly to others, for the operation of the Airline's Air Transportation Business. These rights are subject to the terms of this Agreement, including the exclusions, reservations, and conditions set forth in Sections 4.02, 4.03, and 4.04 and the payment obligation set forth in Article 8. These rights are as follows: 4.01.1 To land upon, take off from, and fly over the Airports, and to taxi, park, load, unload, tow, and store the Airline's aircraft and support equipment on the Airport in areas designated for such purposes by the Authority, and, in all events, on the terms and conditions imposed by the Authority. 4.01.2 To enplane and deplane persons, mail, and/or property, along with food, beverages, and other supplies; to provide passenger handling services for the Airline's passengers, including the sale of air transportation tickets and services, and to process the Airline's passengers and their baggage for air travel; to sell, handle and provide mail, freight and package express services for the Airline's customers; to maintain, service and repair aircraft and ground support equipment operated by the Airline in areas designated for these purposes by the Authority; to provide xxxxxx/skycap services; to provide interline and lost baggage services for the Airline's passengers; to provide ground transportation on the Airport for employees, baggage, and, with the approval of the Authority, the Airline's passengers; and to provide ground transportation to and from the Airport for employees, lost baggage, and for passengers and baggage from diverted or cancelled flights of the Airline. In addition, the Airline may, in accordance with the provisions of Article 16 with regard to handling agreements, provide these services for other Air Transportation Companies either by itself or in conjunction with other Signatory Airlines, if the Airline is performing these services for itself at the Airport. The Authority reserves the right to offer xxxxxx and wheelchair services to the Airline’s passengers if (i) the Airline violates its obligations under the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq., or the Air Carrier Xxxxxx Xxx, 00 X.X.X. § 00000, and its implementing regulations, 14 C.F.R. Pt. 382, or (ii) the Authority receives persistent complaints from the Airline’s passengers about the level of xxxxxx or wheelchair services the Airline offers to its passengers at National or Dulles; provided, however, that before providing such services to the Airline’s passengers, the Authority shall first give the Airline written notice of the Authority’s intent to do so and provide the Airline with twenty-one (21) days to cure the violation or provide a response to the complaints. If, after receiving such notice, the Airline fails to cure the violation or to provide a satisfactory response to the complaints, the Authority may offer such xxxxxx and wheelchair services to the Airline’s passengers at the Airline’s expense. 4.01.3 To train personnel in the employ of or to be employed by the Airline at the Airports in the operation of the Airline's Air Transportation Business. 4.01.4 To sell, dispose of, or exchange the Airline's aircraft, engines, accessories, gasoline, oil, grease, lubricants, or other similar equipment or supplies, except aviation fuels, in areas of the Airports designated for this purpose by the Authority; provided, however, that this Paragraph shall not be construed to prohibit the Airline from selling or otherwise conveying aviation fuels or propellants to an Air Transportation Company which is a successor company to or an Affiliate of the Airline or to another Signatory Airline from time to time. 4.01.5 To select, together with the other Signatory Airlines, a single Fueling Agent for each Airport, and to receive, store and transmit fuel through the Fueling Systems at the Airports in accordance with the provisions of the separate fuel system agreement(s) between the Authority and the Fueling Agent selected by the Signatory Airlines and approved by the Authority, or between the Authority and the Fueling Agent selected in accordance with Paragraph 4.02.6. 4.01.6 To install and maintain in the Airline's Premises, at the Airline's sole cost and expense, identifying signs, posters, displays, and other materials which advertise the services offered by the Airline to the traveling public, consistent with the Authority's regulations and orders; provided, however, identifying signs, posters, displays, and other similar materials shall not be permitted on the Ramp Area, and provided, further, that in holdroom areas, only the corporate identifiers or "logos" of the Air Transportation Companies using the holdroom shall be permitted. All such signs, posters, displays, and other similar materials must be approved in writing by the Authority prior to use at the Airport. The Authority reserves the right to place advertising displays in all areas of the Airport that are visible to the public, including in the Airline’s Premises; provided, however, that any such advertising displays shall not interfere with the use by the Airline or its passengers of the Airline’s Premises or Common Use Premises and provided, further, that the Authority shall not allow the placement in the Airline's Premises of advertising of competing transportation services or of consumer products or services that are sold in competition with providers with which Airline has an affinity marketing program. 4.01.7 To install, maintain and operate at no cost to the Authority, alone or in conjunction with any other Signatory Airline, radio communication, computer, meteorological and aerial navigation equipment and facilities, as well as wireless transmission devices ("WiFi") for use by Airline personnel, on the Airline's Premises; provided, however, that such installations shall be subject to the prior written approval of the Authority and shall comply with all applicable Authority standards. 4.01.8 To install, maintain and operate customer relations, security and holdroom facilities and equipment, administrative offices, operations offices, and related facilities, and to install personal property, including furniture, furnishings, supplies, machinery and equipment, in the Airline's Premises. 4.01.9 To construct modifications, finishes and improvements in the Airline's Premises subject to the provisions of Section 10.09. 4.01.10 To have ingress to and egress from the Airports and the Airline's Premises for the Airline's officers, employees, agents, contractors, and invitees, including furnishers of services and supplies. 4.01.11 To use, for the benefit of the Airline's employees who perform substantially all of their work at the Airports, vehicular parking areas designated by the Authority. 4.01.12 To install soft drink vending machines and snack vending machines in the Airline's non-public Exclusive or Preferential Premises for the sole use of the Airline's officers, employees and agents. Vending machines shall not be within the view of the general public and all machine locations are subject to the prior written approval of the Authority. 4.01.13 To furnish and operate a preferred customer or "VIP" club for the Airline's passengers in Premises designated for this purpose by the Authority. Further, such preferred customer or "VIP" club may be shared with one or more other Air Transportation Companies; provided, however, that the club is leased to the Airline only, and provided that the rights of all the Air Transportation Companies using the club terminate when such lease terminates. 4.01.14 To install and operate WiFi, telephones, telefax, and other telecommunications devices and conduit in Airline Premises that are not accessible to or used by the public; provided, however, that such installations shall be subject to the prior written approval of the Authority and shall comply with all applicable Authority standards. The Authority retains the right to install all public WiFi, telephones, telefax and other telecommunications devices and conduit in all areas of the Airports accessible to the public, including the Premises leased to the Airline, and to collect the proceeds therefrom; provided, however, the Airlines may install WiFi, telephones and telefax devices and conduits in the Airline's "VIP" club. If the Airline installs revenue-generating WiFi, public telephone or telefax devices in its "VIP" club, it shall pay to the Authority a monthly payment of fifty percent (50%) of the gross revenues received by the Airline from any source from the installation and operation of such devices. This payment obligation is limited to the Airline’s “VIP” club, if any, and shall not extend to revenue-generating WiFi devices or services provided by Airline on the Airline’s aircraft. 4.01.15 To install, operate and maintain, using the Airline's own employees or those of a wholly-owned subsidiary of the Airline or the Airline's parent company or an entity satisfying the requirements of Paragraph 4.02.5, an establishment for the cooking and preparation of food and beverages for consumption only by passengers and crews on the Airline's aircraft, in the Airline's "VIP" club, if any, or, solely in the event of flight delays or cancellations, in holdrooms within the Airline’s Premises; provided, as the Authority determines, in its discretion, that space is available on the Airports for this purpose and, if such space is not included and designated in the Airline' Premises, the Airline enters into a separate agreement for such cooking and food preparation space with the Authority. Such food and beverages shall not be intended for consumption by any persons except the Airline's passengers and crews while on the Airline's aircraft, patrons of the Airline's "VIP" club, and such employees directly engaged in the cooking and preparation of such food and beverages; provided, however, upon entering a separate agreement with the Authority, and subject to fees and conditions as set forth therein, the Airline may provide these services to one or more other Air Transportation Companies operating from the Airport, including another Signatory Airline. The Airline is prohibited from selling food and beverages to patrons of the Airline’s “VIP” club without the advance written approval of the Authority. Upon such approval, the Airline shall pay the Authority a percentage of the revenue thereby derived that is no greater than the prevailing concessionaire percentage at the Airport. 4.01.16 To purchase prepared food and beverages for consumption by passengers and crews on the Airline's aircraft and in the Airline's "VIP" club, if any; provided, if the Airline purchases catering from an off-Airport caterer including, but not limited to, an Air Transportation Company, for delivery of prepared food and/or beverages to the Airline on the Airport, said caterer will be required to have a contract with the Authority and to pay a fee to the Authority at a rate equal to the rate paid by the Authority's inflight food catering concessionaires located on that Airport. The Airline shall not purchase any prepared food or beverage from a caterer for delivery on the Airports unless and until the caterer is authorized by the Authority to do business on the Airports. The Airline may purchase from concessionaires operating at the Airports food and beverages for consumption only by passengers and crews on the Airline's aircraft, in the Airline's "VIP" club, if any, and, solely in the event of flight delays or cancellations, in holdrooms within the Airline Premises. 4.01.17 To acquire, by purchase or otherwise, any Air Transportation Business-related services and/or supplies from any agent, contractor, or other Signatory Airline subject to the conditions of Paragraph 4.02.5.

Appears in 2 contracts

Samples: Airport Use Agreement and Premises Lease, Airport Use Agreement and Premises Lease

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Airline Rights and Privileges at Both Airports. The Airline, together with others so authorized, shall have the following rights to use the Premises and equipment Equipment leased to the Airline pursuant to Article 6, and certain other areas and facilities at the Airports, including, but not limited to, Common Use Premises, all as shown on in Exhibits XN-X-0, X-X-0, X-X- 1, B and D-B-2B, but not including Premises leased Exclusively, Preferentially, or Jointly to others, for the operation of the Airline's Air Transportation Business. These rights are subject to the terms of this Agreement, including the exclusions, reservations, and conditions set forth in Sections 4.02, 4.03, and 4.04 and the payment obligation set forth in Article 8. These rights are as follows: 4.01.1 To land upon, take off from, and fly over the Airports, and to taxi, park, load, unload, tow, and store the Airline's aircraft and support equipment on the Airport in areas designated for such purposes by the Authority, and, in all events, on the terms and conditions imposed by the Authority. 4.01.2 To enplane and deplane persons, mail, and/or property, along with food, beverages, and other supplies; to provide passenger handling services for the Airline's passengers, including the sale of air transportation tickets and services, and to process the Airline's passengers and their baggage for air travel; to sell, handle and provide mail, freight and package express services for the Airline's customers; to maintain, service and repair aircraft and ground support equipment operated by the Airline in areas designated for these purposes by the Authority; to provide xxxxxx/skycap services; to provide interline and lost baggage services for the Airline's passengers; to provide security screening services so long as the services meet the FAA requirements; to provide ground transportation on the Airport for employees, baggage, and, with the approval of the Authority, the Airline's passengers; and to provide ground transportation to and from the Airport for employees, lost baggage, and for passengers and baggage from diverted or cancelled flights of the Airline. In addition, the Airline may, in accordance with the provisions of Article 16 with regard to handling agreements, provide these services for other Air Transportation Companies either by itself or in conjunction with other Signatory Airlines, if the Airline is performing these services for itself at the Airport. The Authority reserves the right to offer xxxxxx and wheelchair services to the Airline’s passengers if (i) the Airline violates its obligations under the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq., or the Air Carrier Xxxxxx Xxx, 00 X.X.X. § 00000, and its implementing regulations, 14 C.F.R. Pt. 382, or (ii) the Authority receives persistent complaints from the Airline’s passengers about the level of xxxxxx or wheelchair services the Airline offers to its passengers at National or Dulles; provided, however, that before providing such services to the Airline’s passengers, the Authority shall first give the Airline written notice of the Authority’s intent to do so and provide the Airline with twenty-one (21) days to cure the violation or provide a response to the complaints. If, after receiving such notice, the Airline fails to cure the violation or to provide a satisfactory response to the complaints, the Authority may offer such xxxxxx and wheelchair services to the Airline’s passengers at the Airline’s expenseAirports. 4.01.3 To train personnel in the employ of or to be employed by the Airline at the Airports in the operation of the Airline's Air Transportation Business. 4.01.4 To sell, dispose of, or exchange the Airline's aircraft, engines, accessories, gasoline, oil, grease, lubricants, or other similar equipment or supplies, except aviation fuels, in areas of the Airports designated for this purpose by the Authority; provided, however, that this Paragraph shall not be construed to prohibit the Airline from selling or otherwise conveying aviation fuels or propellants to an Air Transportation Company which is a successor company to or an Affiliate of the Airline or to another Signatory Airline from time to time. 4.01.5 To select, together with the other Signatory Airlines, a single Fueling Agent for each Airport, and to receive, store and transmit fuel through the Fueling Systems at the Airports in accordance with the provisions of the separate fuel system agreement(s) between the Authority and the Fueling Agent selected by the Signatory Airlines and approved by the Authority, or between the Authority and the Fueling Agent selected in accordance with Paragraph 4.02.64. 4.01.6 To install and maintain in the Airline's Premises, at the Airline's sole cost and expense, identifying signs, posters, displays, and other materials which advertise the services offered by the Airline to the traveling public, consistent with the Authority's regulations and orders; provided, however, identifying signs, posters, displays, and other similar materials shall not be permitted on the Ramp Area, and provided, further, that in holdroom areas, only the corporate identifiers or "logos" of the Air Transportation Companies using the holdroom shall be permitted. All such signs, posters, displays, and other similar materials must be approved in writing by the Authority prior to use at the Airport. The Authority reserves the right to place advertising displays in all areas of the Airport that are visible to the public, including in the Airline’s Premises; provided, however, that any such advertising displays shall not interfere with the use by the Airline or its passengers of the Airline’s Premises or Common Use Premises and provided, further, that the Authority shall not allow the placement in the Airline's Premises of advertising of competing transportation services or of consumer products or services that are sold in competition with providers with which Airline has an affinity marketing program. 4.01.7 To install, maintain and operate at no cost to the Authority, alone or in conjunction with any other Signatory Airline, radio communication, computer, meteorological and aerial navigation equipment and facilities, as well as wireless transmission devices ("WiFi") for use by Airline personnel, on the Airline's Premises; provided, however, that such installations shall be subject to the prior written approval of the Authority and shall comply with all applicable Authority standards. 4.01.8 To install, maintain and operate customer relations, security and holdroom facilities and equipment, administrative offices, operations offices, and related facilities, and to install personal property, including furniture, furnishings, supplies, machinery and equipment, in the Airline's Premises. 4.01.9 To construct modifications, finishes and improvements in the Airline's Premises subject to the provisions of Section 10.09. 4.01.10 To have ingress to and egress from the Airports and the Airline's Premises for the Airline's officers, employees, agents, contractors, and invitees, including furnishers of services and supplies. 4.01.11 To use, for the benefit of the Airline's employees who perform substantially all of their work at the Airports, vehicular parking areas designated by the Authority. 4.01.12 To install soft drink vending machines and snack vending machines in the Airline's non-public Exclusive or Preferential Premises for the sole use of the Airline's officers, employees and agents. Vending machines shall not be within the view of the general public and all machine locations are subject to the prior written approval of the Authority. 4.01.13 To furnish and operate a preferred customer or "VIP" club for the Airline's passengers in Premises designated for this purpose by the Authority. Further, such preferred customer or "VIP" club may be shared with one or more other Air Transportation Companies; provided, however, that the club is leased to the Airline only, and provided that the rights of all the Air Transportation Companies using the club terminate when such lease terminates. 4.01.14 To install and operate WiFi, telephones, telefax, and other telecommunications devices and conduit in Airline Premises that are not accessible to or used by the public; provided, however, that such installations shall be subject to the prior written approval of the Authority and shall comply with all applicable Authority standards. The Authority retains the right to install all public WiFi, telephones, telefax and other telecommunications devices and conduit in all areas of the Airports accessible to the public, including the Premises leased to the Airline, and to collect the proceeds therefrom; provided, however, the Airlines may install WiFi, telephones and telefax devices and conduits in the Airline's "VIP" club. If the Airline installs revenue-generating WiFi, public telephone or telefax devices in its "VIP" club, it shall pay to the Authority a monthly payment of fifty percent (50%) of the gross revenues received by the Airline from any source from the installation and operation of such devices. This payment obligation is limited to the Airline’s “VIP” club, if any, and shall not extend to revenue-generating WiFi devices or services provided by Airline on the Airline’s aircraft. 4.01.15 To install, operate and maintain, using the Airline's own employees or those of a wholly-owned subsidiary of the Airline or the Airline's parent company or an entity satisfying the requirements of Paragraph 4.02.5, an establishment for the cooking and preparation of food and beverages for consumption only by passengers and crews on the Airline's aircraft, in the Airline's "VIP" club, if any, or, solely in the event of flight delays or cancellations, in holdrooms within the Airline’s Premises; provided, as the Authority determines, in its discretion, that space is available on the Airports for this purpose and, if such space is not included and designated in the Airline' Premises, the Airline enters into a separate agreement for such cooking and food preparation space with the Authority. Such food and beverages shall not be intended for consumption by any persons except the Airline's passengers and crews while on the Airline's aircraft, patrons of the Airline's "VIP" club, and such employees directly engaged in the cooking and preparation of such food and beverages; provided, however, upon entering a separate agreement with the Authority, and subject to fees and conditions as set forth therein, the Airline may provide these services to one or more other Air Transportation Companies operating from the Airport, including another Signatory Airline. The Airline is prohibited from selling food and beverages to patrons of the Airline’s “VIP” club without the advance written approval of the Authority. Upon such approval, the Airline shall pay the Authority a percentage of the revenue thereby derived that is no greater than the prevailing concessionaire percentage at the Airport. 4.01.16 To purchase prepared food and beverages for consumption by passengers and crews on the Airline's aircraft and in the Airline's "VIP" club, if any; provided, if the Airline purchases catering from an off-Airport caterer including, but not limited to, an Air Transportation Company, for delivery of prepared food and/or beverages to the Airline on the Airport, said caterer will be required to have a contract with the Authority and to pay a fee to the Authority at a rate equal to the rate paid by the Authority's inflight food catering concessionaires located on that Airport. The Airline shall not purchase any prepared food or beverage from a caterer for delivery on the Airports unless and until the caterer is authorized by the Authority to do business on the Airports. The Airline may purchase from concessionaires operating at the Airports food and beverages for consumption only by passengers and crews on the Airline's aircraft, in the Airline's "VIP" club, if any, and, solely in the event of flight delays or cancellations, in holdrooms within the Airline Premises. 4.01.17 To acquire, by purchase or otherwise, any Air Transportation Business-related services and/or supplies from any agent, contractor, or other Signatory Airline subject to the conditions of Paragraph 4.02.5.

Appears in 1 contract

Samples: Agreement (Atlantic Coast Airlines Holdings Inc)

Airline Rights and Privileges at Both Airports. The Airline, together with others so authorized, shall have the following rights to use the Premises and equipment leased to the Airline pursuant to Article 6, and certain other areas and facilities at the Airports, including, but not limited to, Common Use Premises, all as shown on Exhibits XN-X-0, X-X-0, X-X- 1, B and D-B-2B, but not including Premises leased Exclusively, Preferentially, or Jointly to others, for the operation of the Airline's Air Transportation Business. These rights are subject to the terms of this Agreement, including the exclusions, reservations, and conditions set forth in Sections 4.024.01, 4.03, and 4.04 and the payment obligation set forth in Article 8. These rights are as follows: 4.01.1 To land upon, take off from, and fly over the Airports, and to taxi, park, load, unload, tow, and store the Airline's aircraft and support equipment on the Airport in areas designated for such purposes by the Authority, and, in all events, on the terms and conditions imposed by the Authority. 4.01.2 To enplane and deplane persons, mail, and/or property, along with food, beverages, and other supplies; to provide passenger handling services for the Airline's passengers, including the sale of air transportation tickets and services, and to process the Airline's passengers and their baggage for air travel; to sell, handle and provide mail, freight and package express services for the Airline's customers; to maintain, service and repair aircraft and ground support equipment operated by the Airline in areas designated for these purposes by the Authority; to provide xxxxxx/skycap services; to provide interline and lost baggage services for the Airline's passengers; to provide security screening services so long as the services meet the FAA requirements; to provide ground transportation on the Airport for employees, baggage, and, with the approval of the Authority, the Airline's passengers; and to provide ground transportation to and from the Airport for employees, lost baggage, and for passengers and baggage from diverted or of cancelled flights of the Airline. In addition, the Airline may, in accordance with the provisions of Article 16 with regard to handling agreements, provide these services for other Air air Transportation Companies either by itself or in conjunction with with 4.1 other Signatory Airlines, if the Airline is performing these services for itself at the Airport. The Authority reserves the right to offer xxxxxx and wheelchair services to the Airline’s passengers if (i) the Airline violates its obligations under the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq., or the Air Carrier Xxxxxx Xxx, 00 X.X.X. § 00000, and its implementing regulations, 14 C.F.R. Pt. 382, or (ii) the Authority receives persistent complaints from the Airline’s passengers about the level of xxxxxx or wheelchair services the Airline offers to its passengers at National or Dulles; provided, however, that before providing such services to the Airline’s passengers, the Authority shall first give the Airline written notice of the Authority’s intent to do so and provide the Airline with twenty-one (21) days to cure the violation or provide a response to the complaints. If, after receiving such notice, the Airline fails to cure the violation or to provide a satisfactory response to the complaints, the Authority may offer such xxxxxx and wheelchair services to the Airline’s passengers at the Airline’s expense. 4.01.3 To train personnel in the employ of or to be employed by the Airline at the Airports in the operation of the Airline's Air Transportation Business. 4.01.4 To sell, dispose of, or exchange the Airline's aircraft, engines, accessories, gasoline, oil, grease, lubricants, or other similar equipment or supplies, except aviation fuels, in areas of the Airports designated for this purpose by the Authority; provided, however, that this Paragraph shall not be construed to prohibit the Airline from selling or otherwise conveying aviation fuels or propellants to an Air Transportation Company which is a successor company to or an Affiliate of the Airline or to another Signatory Airline from time to time. 4.01.5 To select, together with the other Signatory Airlines, a single Fueling Agent for each Airport, and to receive, store and transmit fuel through the Fueling Systems at the Airports in accordance with the provisions of the separate fuel system agreement(s) between the Authority and the Fueling Agent selected by the Signatory Airlines and approved by the Authority, or between the Authority and the Fueling Agent selected in accordance with Paragraph 4.02.6. 4.01.6 To install and maintain in the Airline's Premises, at the Airline's sole cost and expense, identifying signs, posters, displays, and other materials which advertise the services offered by the Airline to the traveling public, consistent with the Authority's regulations and orders; provided, however, identifying signs, posters, displays, and other similar materials shall not be permitted on the Ramp Area, and provided, further, that in holdroom areas, only the corporate identifiers or "logos" of the Air Transportation Companies using the holdroom shall be permittedpermitted in a holdroom area. All such signs, posters, displays, and other similar materials must be approved in writing by the Authority prior to use at the Airport. The Authority reserves the right to place advertising displays in all areas of the Airport that are visible to the public, including in public excluding the Airline’s Premises; provided, however, that any such advertising displays shall not interfere with the use by the Airline or its passengers of the Airline’s Premises or Common Exclusive Use Premises and provided, further, that holdroom areas leased to the Airline. The Authority shall agrees not to allow the placement of advertising of competing route services in the Airline's Premises of advertising of competing transportation services or of consumer products or services that are sold in competition with providers with which Airline has an affinity marketing programcommon use areas. 4.01.7 To install, maintain and operate at no cost to the Authority, alone or in conjunction with any other Signatory Airline, radio communication, computer, meteorological and aerial navigation equipment and facilities, as well as wireless transmission devices ("WiFi") for use by Airline personnel, facilities on the Airline's Premises; provided, however, that such installations shall be subject to the prior written approval of the Authority and shall comply with all applicable Authority standards. 4.01.8 To install, maintain and operate customer relations, security and holdroom facilities and equipment, administrative offices, operations offices, and related facilities, and to install personal property, including furniture, furnishings, supplies, machinery and equipment, in the Airline's Premises. 4.01.9 To construct modifications, finishes and improvements in the Airline's Premises subject to the provisions of Section 10.09. 4.01.10 To have ingress to and egress from the Airports and the Airline's Premises for the Airline's officers, employees, agents, contractors, and invitees, including furnishers of services and supplies. 4.01.11 To use, for the benefit of the Airline's employees who perform substantially all of their work at the Airports, vehicular parking areas designated by the Authority. 4.01.12 To install soft drink vending machines and snack vending machines in the Airline's non-public Exclusive or Preferential Premises for the sole use of the Airline's officers, employees and agents. Vending machines shall not be within the view of the general public and all machine locations are subject to the prior written approval of the Authority. 4.01.13 To furnish and operate a preferred customer or "VIP" club for the Airline's passengers in Premises designated for this purpose by the Authority. Further, such preferred customer or "VIP" club may be shared with one or more other Air Transportation Companies; provided, however, that the club is leased to the Airline only, and provided that the rights of all the Air Transportation Companies using the club terminate when such lease terminates. 4.01.14 To install and operate WiFi, telephones, telefax, and other telecommunications devices and conduit in Airline Premises that are not accessible to or used by the public; provided, however, that such installations shall be subject to the prior written approval of the Authority and shall comply with all applicable Authority standards. The Authority retains the right to install all public WiFi, telephones, telefax and other telecommunications devices and conduit in all areas of the Airports accessible to the public, including the Premises leased to the Airline, and to collect the proceeds therefrom; provided, however, the Airlines may install WiFi, telephones and telefax devices and conduits in the Airline's "VIP" club. If the Airline installs revenue-generating WiFi, public telephone or telefax devices in its "VIP" club, it shall pay to the Authority a monthly payment of fifty percent (50%) of the gross revenues received by the Airline from any source from the installation and operation of such devices. This payment obligation is limited to the Airline’s “VIP” club, if any, and shall not extend to revenue-generating WiFi devices or services provided by Airline on the Airline’s aircraft. 4.01.15 To install, operate and maintain, using the Airline's own employees or those of a wholly-owned subsidiary of the Airline or the Airline's parent company or an entity satisfying the requirements of Paragraph 4.02.5, an establishment for the cooking and preparation of food and beverages for consumption only by passengers and crews on the Airline's aircraft, in the Airline's "VIP" club, if any, or, solely in the event of flight delays or cancellations, in holdrooms within the Airline’s Premises; provided, as the Authority determines, in its discretion, that space is available on the Airports for this purpose and, if such space is not included and designated in the Airline' Premises, the Airline enters into a separate agreement for such cooking and food preparation space with the Authority. Such food and beverages shall not be intended for consumption by any persons except the Airline's passengers and crews while on the Airline's aircraft, patrons of the Airline's "VIP" club, and such employees directly engaged in the cooking and preparation of such food and beverages; provided, however, upon entering a separate agreement with the Authority, and subject to fees and conditions as set forth therein, the Airline may provide these services to one or more other Air Transportation Companies operating from the Airport, including another Signatory Airline. The Airline is prohibited from selling food and beverages to patrons of the Airline’s “VIP” club without the advance written approval of the Authority. Upon such approval, the Airline shall pay the Authority a percentage of the revenue thereby derived that is no greater than the prevailing concessionaire percentage at the Airport. 4.01.16 To purchase prepared food and beverages for consumption by passengers and crews on the Airline's aircraft and in the Airline's "VIP" club, if any; provided, if the Airline purchases catering from an off-Airport caterer including, but not limited to, an Air Transportation Company, for delivery of prepared food and/or beverages to the Airline on the Airport, said caterer will be required to have a contract with the Authority and to pay a fee to the Authority at a rate equal to the rate paid by the Authority's inflight food catering concessionaires located on that Airport. The Airline shall not purchase any prepared food or beverage from a caterer for delivery on the Airports unless and until the caterer is authorized by the Authority to do business on the Airports. The Airline may purchase from concessionaires operating at the Airports food and beverages for consumption only by passengers and crews on the Airline's aircraft, in the Airline's "VIP" club, if any, and, solely in the event of flight delays or cancellations, in holdrooms within the Airline Premises. 4.01.17 To acquire, by purchase or otherwise, any Air Transportation Business-related services and/or supplies from any agent, contractor, or other Signatory Airline subject to the conditions of Paragraph 4.02.5.'s

Appears in 1 contract

Samples: Lease Agreement

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Airline Rights and Privileges at Both Airports. The Airline, together with others so authorized, shall have the following rights to use the Premises and equipment leased to the Airline pursuant to Article 6, and certain other areas and facilities at the Airports, including, but not limited to, Common Use Premises, all as shown on Exhibits XN-X-0, X-X-0, X-X- 1, B and D-B-2B, but not including Premises leased Exclusively, Preferentially, or Jointly to others, for the operation of the Airline's Air Transportation Business. These rights are subject to the terms of this Agreement, including the exclusions, reservations, and conditions set forth in Sections 4.024.01, 4.03, and 4.04 and the payment obligation set forth in Article 8. These rights are as follows: 4.01.1 To land upon, take off from, and fly over the Airports, and to taxi, park, load, unload, tow, and store the Airline's aircraft and support equipment on the Airport in areas designated for such purposes by the Authority, and, in all events, on the terms and conditions imposed by the Authority. 4.01.2 To enplane and deplane persons, mail, and/or property, along with food, beverages, and other supplies; to provide passenger handling services for the Airline's passengers, including the sale of air transportation tickets and services, and to process the Airline's passengers and their baggage for air travel; to sell, handle and provide mail, freight and package express services for the Airline's customers; to maintain, service and repair aircraft and ground support equipment operated by the Airline in areas designated for these purposes by the Authority; to provide xxxxxx/skycap services; to provide interline and lost baggage services for the Airline's passengers; to provide security screening services so long as the services meet the FAA requirements; to provide ground transportation on the Airport for employees, baggage, and, with the approval of the Authority, the Airline's passengers; and to provide ground transportation to and from the Airport for employees, lost baggage, and for passengers and baggage from diverted or of cancelled flights of the Airline. In addition, the Airline may, in accordance with the provisions of Article 16 with regard to handling agreements, provide these services for other Air air Transportation Companies either by itself or in conjunction with other Signatory Airlines, if the Airline is performing these services for itself at the Airport. The Authority reserves the right to offer xxxxxx and wheelchair services to the Airline’s passengers if (i) the Airline violates its obligations under the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq., or the Air Carrier Xxxxxx Xxx, 00 X.X.X. § 00000, and its implementing regulations, 14 C.F.R. Pt. 382, or (ii) the Authority receives persistent complaints from the Airline’s passengers about the level of xxxxxx or wheelchair services the Airline offers to its passengers at National or Dulles; provided, however, that before providing such services to the Airline’s passengers, the Authority shall first give the Airline written notice of the Authority’s intent to do so and provide the Airline with twenty-one (21) days to cure the violation or provide a response to the complaints. If, after receiving such notice, the Airline fails to cure the violation or to provide a satisfactory response to the complaints, the Authority may offer such xxxxxx and wheelchair services to the Airline’s passengers at the Airline’s expense. 4.01.3 To train personnel in the employ of or to be employed by the Airline at the Airports in the operation of the Airline's Air Transportation Business. 4.01.4 To sell, dispose of, or exchange the Airline's aircraft, engines, accessories, gasoline, oil, grease, lubricants, or other similar equipment or supplies, except aviation fuels, in areas of the Airports designated for this purpose by the Authority; provided, however, that this Paragraph shall not be construed to prohibit the Airline from selling or otherwise conveying aviation fuels or propellants to an Air Transportation Company which is a successor company to or an Affiliate of the Airline or to another Signatory Airline from time to time. 4.01.5 To select, together with the other Signatory Airlines, a single Fueling Agent for each Airport, and to receive, store and transmit fuel through the Fueling Systems at the Airports in accordance with the provisions of the separate fuel system agreement(s) between the Authority and the Fueling Agent selected by the Signatory Airlines and approved by the Authority, or between the Authority and the Fueling Agent selected in accordance with Paragraph 4.02.6. 4.01.6 To install and maintain in the Airline's Premises, at the Airline's sole cost and expense, identifying signs, posters, displays, and other materials which advertise the services offered by the Airline to the traveling public, consistent with the Authority's regulations and orders; provided, however, identifying signs, posters, displays, and other similar materials shall not be permitted on the Ramp Area, and provided, further, that in holdroom areas, only the corporate identifiers or "logos" of the Air Transportation Companies using the holdroom shall be permittedpermitted in a holdroom area. All such signs, posters, displays, and other similar materials must be approved in writing by the Authority prior to use at the Airport. The Authority reserves the right to place advertising displays in all areas of the Airport that are visible to the public, including in public excluding the Airline’s Premises; provided, however, that any such advertising displays shall not interfere with the use by the Airline or its passengers of the Airline’s Premises or Common Exclusive Use Premises and provided, further, that holdroom areas leased to the Airline. The Authority shall agrees not to allow the placement of advertising of competing route services in the Airline's Premises of advertising of competing transportation services or of consumer products or services that are sold in competition with providers with which Airline has an affinity marketing programcommon use areas. 4.01.7 To install, maintain and operate at no cost to the Authority, alone or in conjunction with any other Signatory Airline, radio communication, computer, meteorological and aerial navigation equipment and facilities, as well as wireless transmission devices ("WiFi") for use by Airline personnel, facilities on the Airline's Premises; provided, however, that such installations shall be subject to the prior written approval of the Authority and shall comply with all applicable Authority standardsAuthority. 4.01.8 To install, maintain and operate customer relations, security and holdroom facilities and equipment, administrative offices, operations offices, and related facilities, and to install personal property, including furniture, furnishings, supplies, machinery and equipment, in the Airline's Premises. 4.01.9 To construct modifications, finishes and improvements in the Airline's Premises subject to the provisions of Section 10.09. 4.01.10 To have ingress to and egress from the Airports and the Airline's Premises for the Airline's officers, employees, agents, contractors, and invitees, including furnishers of services and supplies. 4.01.11 To use, for the benefit of the Airline's employees who perform substantially all of their work at the Airports, vehicular parking areas which will be designated by the Authority. 4.01.12 To install soft drink vending machines and snack vending machines in the Airline's non-public Exclusive or Preferential Premises for the sole use of the Airline's officers, employees and agents. Vending machines shall not be within the view of the general public and all machine locations are subject to the prior written approval of the Authority. 4.01.13 To furnish and operate a preferred customer or "VIP" club for the Airline's passengers in Premises designated for this purpose by the Authority. Further, such preferred customer or "VIP" club may be shared with one or more other Air Transportation Companies; provided, however, that the club is leased to the Airline only, and provided that the rights of all the Air Transportation Companies using the club terminate when such lease terminates. 4.01.14 To install and operate WiFi, telephones, telefax, and other telecommunications devices and conduit in Airline the Airline's Premises that are not accessible to or used by the public; provided, however, that such installations shall be subject to the prior written approval of the Authority and shall comply with all applicable Authority standards. The Authority retains the right to install all public WiFi, telephones, telefax telefax, and other telecommunications devices and conduit in all areas of the Airports accessible to the public, including the Premises leased to the Airline, and to collect the proceeds therefrom; provided, however, the Airlines may install WiFi, telephones and telefax devices and conduits in the Airline's "VIP" club. If the Airline installs revenue-generating WiFi, public telephone telephones or telefax devices in its "VIP" club, it shall pay to the Authority a monthly payment of fifty percent (50%) of the gross revenues received by the Airline from any source from the installation and operation of such devices. This payment obligation is limited to the Airline’s “VIP” club, if any, and shall not extend to revenue-generating WiFi devices telephones or services provided by Airline on the Airline’s aircrafttelefax. 4.01.15 To install, operate and maintain, using the Airline's own employees or those of a wholly-owned subsidiary of the Airline or the Airline's parent company or an entity satisfying the requirements of Paragraph 4.02.5company, an establishment for the cooking and preparation of food and beverages for consumption only by passengers and crews on the Airline's aircraft, aircraft and in the Airline's "VIP" club, if any, or, solely in the event of flight delays or cancellations, in holdrooms within the Airline’s Premises; provided, as provided that the Authority determines, in its discretion, that space is available on the Airports for this purpose andand that, if such space is not included and designated in the Airline' Premises, the Airline enters into a separate agreement for such cooking and food preparation space with the Authority. Such food and beverages shall not be intended for consumption by any persons except the Airline's passengers and crews while on the Airline's aircraft, patrons of the Airline's "VIP" club, and such employees directly engaged in the cooking and preparation of such food and beverages; provided, however, upon entering a separate agreement with the Authority, and subject to fees and conditions as set forth therein, the Airline may provide these services to one or more other Air Transportation Companies operating from the Airport, including another Signatory Airline. The Airline is prohibited from selling food and beverages to patrons of the Airline’s “VIP” club without the advance written approval of the Authority. Upon such approval, the Airline shall pay the Authority a percentage of the revenue thereby derived that is no greater than the prevailing concessionaire percentage at the Airport. 4.01.16 To purchase prepared food and beverages for consumption by passengers and crews on the Airline's aircraft and in the Airline's "VIP" club, if any; provided, however, if the Airline purchases catering catering, not including beverages and complimentary packages of snack food to be consume on the Airline's aircraft, from an off-Airport caterer including, but not limited to, an Air Transportation Company, for delivery of prepared food and/or beverages to the Airline on the Airport, said caterer will be required to have a contract with the Authority and to pay a fee to the Authority at a rate equal to the rate paid by the Authority's inflight food catering concessionaires located on that Airport. The Airline shall not purchase any prepared food or beverage from a caterer for delivery on the Airports unless and until the caterer is authorized by the Authority to do business on the Airports. The Airline may purchase from concessionaires operating at the Airports food and beverages for consumption only by passengers and crews on the Airline's aircraft, in the Airline's "VIP" club, if any, and, solely in the event of flight delays or cancellations, in holdrooms within the Airline Premises. 4.01.17 To acquire, by purchase or otherwise, any Air Transportation Business-related services and/or supplies from any agent, contractor, or other Signatory Airline subject to the conditions of Paragraph 4.02.5.

Appears in 1 contract

Samples: Airport Use Agreement

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