Amendments to the Flight Schedule. Subject to the Scheduling Constraints, the Flight Schedule may be amended or replaced by Amazon in its sole discretion at any time. Amazon will provide the relevant Carrier with: (a) [***] days’ prior written notice of a proposed amendment to the Flight Schedule that does not require the opening of a new station where Sun Country does not have current flight operations or an increase of greater than [***] percent in the number of Flight Crews (in the aggregate) assigned to the then current Flight Schedule or two Flight Crews, whichever is greater; (b) [***] days’ prior written notice of a proposed amendment to the Flight Schedule that requires the opening of a new station where Sun Country does not have current flight operation; and (c) [***] days’ prior written notice of a proposed amendment to the Flight Schedule that requires an increase of greater than [***] percent in the number of Flight Crews (in the aggregate) assigned to the then current Flight Schedule or [***] Flight Crews, whichever is greater. Such amendments will be incorporated into a revised Flight Schedule beginning [***] days (in the case of clause (a)), [***] days (in the case of clause (b)), or [***] days (in the case of clause (c)) after receipt of such notice from Amazon, as applicable, except that to the extent that the Carrier does not begin operating according to the amended Flight Schedule at that time, Amazon will be credited $[***] for each day of delay on the next Monthly Invoice. Upon Amazon’s request, the Carrier will provide Amazon data and documentation supporting the number of required Flight Crews that must be acceptable to Amazon (such acceptance not to be unreasonably withheld). A Carrier may only reject or request a change to Amazon’s proposed amendments to the Flight Schedule on the basis that such proposed amendments do not comply with Scheduling Constraints, and, simultaneously with any such rejection or request for change, such Carrier must provide a reasonably detailed written justification for such rejection or request for change, including references to the specific language of the Carrier’s collective bargaining agreement with its flight crewmembers and/or the applicable FAA regulations and supporting data and documentation, that must be acceptable to Amazon (such acceptance not to be unreasonably withheld). The applicable Carrier must notify Amazon if it determines that any Flight Schedule is outside of the above parameters within [***] Business Days of receip...
Amendments to the Flight Schedule. A Work Order, including the Flight Schedule, may be amended by Amazon, subject to: (a) aircraft scheduling and FAA flight crew duty limitations; (b) landing and/or take-off curfews or slot restrictions; (c) regularly scheduled aircraft maintenance requirements as provided for in Carrier’s FAA-approved maintenance program; (d) flight times based on The Boeing Corporation’s (“Boeing”) 85% average winds, adjusted twice each year for seasonal changes; (e) historical taxi times; and (f) other industry standard material operational factors. Amazon will provide the relevant Carrier with: (i) [*] prior written notice of a proposed amendment to the Flight Schedule that does not require the opening of a new station (e.g., necessitating the hiring of new Personnel, a new airport facilities lease, and similar arrangements beyond those sufficient for ad hoc or temporary operations) or an additional flight crew to be added to the corresponding Work Order; and (ii) [*] prior written notice of a proposed amendment to the Flight Schedule that requires the opening of a new station or one or more additional flight crews to be added to a corresponding Work Order, and such amendments will be incorporated into a revised Flight Schedule beginning [*], respectively, after receipt of such notice from Amazon, as applicable [*].
