Common use of Authority’s Right to Reassign Airline Premises Clause in Contracts

Authority’s Right to Reassign Airline Premises. The Authority may reassign to another Air Carrier one or more of the Airline’s Gates and Related Terminal Area assigned as Airline Premises if: (i) the Airline’s Gate Utilization (as defined below) for such preferentially assigned Gate(s) over the most recent one hundred eighty (180) day period is less than the Utilization Threshold (as defined below); (ii) the CEO determines that there is a reasonable need for the preferential use of such Gate(s) by another Air Carrier; and (iii) such other Air Carrier meets or exceeds the Utilization Threshold through its current or proposed schedule. In addition, the Authority may recover one or more of the Airline’s Gates and Related Terminal Area assigned as Airline Premises to be used as Per Use Gates if: (a) the Airline’s Gate Utilization for such preferentially assigned Gate(s) over the most recent one hundred eighty (180) day period is less than the Utilization Threshold; and (b) the CEO determines that there is a reasonable need for use of such Gate(s) on a common use basis. Upon such determination, the CEO will provide the Airline with a written notice (“Initial Recapture Notice”) of the Authority’s intent to recapture such Gate(s). Prior to such reassignment becoming effective, the Airline shall have a one hundred twenty (120) calendar day period after the date of the Initial Recapture Notice to adjust its schedule to equal or exceed the Utilization Threshold so as not to be subject to such reassignment. If the Airline’s Gate Utilization does not meet or exceed the Utilization Threshold within one hundred twenty (120) days after the Initial Recapture Notice, the CEO will send the Airline a written notice (the “Final Recapture Notice”) terminating the Airline’s lease of the portion of its Airline Premises subject to reassignment as of the date specified in the Final Recapture Notice. When determining specific Airline Premises subject to reassignment, the Authority will use reasonable efforts to not reassign facilities that will disrupt the continuity and staffing of the Airline’s operations. The number of Gates within the Airline Premises subject to reassignment by the Authority will be the lesser of: (1) the requirement of the Requesting Air Carrier, and (2) the difference between the number of Gates then leased to such Signatory Airline or reasonably required as Per Use Gates and the number of Gates which would have caused the Airline’s Gate Utilization for the Airline Premises, measured for the last one hundred eighty (180) days prior to the delivery of the Final Recapture Notice, to meet or exceed one hundred percent (100%) of the Airport Utilization Threshold for such period.

Authority’s Right to Reassign Airline Premises. The Authority may reassign to another Air Carrier one or more of the Airline’s Gates and Related Terminal Area assigned as Airline Premises if: (i) the Airline’s Gate Utilization (as defined below) for such preferentially assigned Gate(s) over the most recent one hundred eighty (180) day period is less than the Utilization Threshold (as defined below); (ii) the CEO determines that there is a reasonable need for the preferential use of such Gate(s) by another Air Carrier; and (iii) such other Air Carrier meets or exceeds the Utilization Threshold through its current or proposed schedule. In addition, the Authority may recover one or more of the Airline’s Gates and Related Terminal Area assigned as Airline Premises to be used as Per Use Gates if: (a) the Airline’s Gate Utilization for such preferentially assigned Gate(s) over the most recent one hundred eighty (180) day period is less than the Utilization Threshold; and (b) the CEO determines that there is a reasonable need for use of such Gate(s) on a common use basis. Upon such determination, the CEO will provide the Airline with a written notice (“Initial Recapture Notice”) of the Authority’s intent to recapture such Gate(s). Prior to such reassignment becoming effective, the Airline shall have a one hundred twenty (120) calendar day period after the date of the Initial Recapture Notice to adjust its schedule to equal or exceed the Utilization SAMPLE Threshold so as not to be subject to such reassignment. If the Airline’s Gate Utilization does not meet or exceed the Utilization Threshold within one hundred twenty (120) days after the Initial Recapture Notice, the CEO will send the Airline a written notice (the “Final Recapture Notice”) terminating the Airline’s lease of the portion of its Airline Premises subject to reassignment as of the date specified in the Final Recapture Notice. When determining specific Airline Premises subject to reassignment, the Authority will use reasonable efforts to not reassign facilities that will disrupt the continuity and staffing of the Airline’s operations. The number of Gates within the Airline Premises subject to reassignment by the Authority will be the lesser of: (1) the requirement of the Requesting Air Carrier, and (2) the difference between the number of Gates then leased to such Signatory Airline or reasonably required as Per Use Gates and the number of Gates which would have caused the Airline’s Gate Utilization for the Airline Premises, measured for the last one hundred eighty (180) days prior to the delivery of the Final Recapture Notice, to meet or exceed one hundred percent (100%) of the Airport Utilization Threshold for such period.