Common use of AWA Obligations Clause in Contracts

AWA Obligations. Subject to Section 5 below, AWA agrees that it shall perform and satisfy all of its obligations, liabilities and duties under the Code Share Agreement relating to or arising in connection with the CRJ 700 Services for the benefit of both Mesa and Freedom in the time and manner required by the Code Share Agreement, including, without limitation: (i) the obligations and duties under Sections 3.1, 3.2 and 3.3 of the Code Share Agreement regarding flight management, marketing of the CRJ 700 Services, and airport services related to the CRJ 700 Services; (ii) providing indemnification and defense of Freedom pursuant to Sections 10.3 and 10.4 of the Code Share Agreement to the same extent AWA provides indemnification and defense to Mesa; (iii) complying with the confidentiality requirements of Section 11 of the Code Share Agreement; and (iv) providing and maintaining the insurance required by Section 10.5.10 of the Code Share Agreement. Any failure, breach or default by AWA to fulfill its liabilities, obligations and duties with respect to the CRJ 700 Services in accordance with the Code Share Agreement shall be a breach by AWA of the Code Share Agreement entitling Mesa to pursue all rights and remedies of Mesa under the Code Share Agreement.

Appears in 3 contracts

Samples: Share and Revenue (Mesa Air Group Inc), Share and Revenue Sharing Agreement (America West Holdings Corp), Share and Revenue Sharing Agreement (Mesa Air Group Inc)

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AWA Obligations. Subject to Section 5 below, AWA agrees that it shall perform and satisfy all of its obligations, liabilities and duties under the Code Share Agreement relating to or arising in connection with the CRJ 700 900 Services for the benefit of both Mesa and Freedom in the time and manner required by the Code Share Agreement, including, without limitation: (i) the obligations and duties under Sections 3.1, 3.2 and 3.3 of the Code Share Agreement regarding flight management, marketing of the CRJ 700 900 Services, and airport services related to the CRJ 700 900 Services; (ii) providing indemnification and defense of Freedom pursuant to Sections 10.3 and 10.4 of the Code Share Agreement to the same extent AWA provides indemnification and defense to Mesa; (iii) complying with the confidentiality requirements of Section 11 of the Code Share Agreement; and (iv) providing and maintaining the insurance required by Section 10.5.10 of the Code Share Agreement. Any failure, breach or default by AWA to fulfill its liabilities, obligations and duties with respect to the CRJ 700 900 Services in accordance with the Code Share Agreement shall be a breach by AWA of the Code Share Agreement entitling Mesa to pursue all rights and remedies of Mesa under the Code Share Agreement.

Appears in 3 contracts

Samples: Share and Revenue (Mesa Air Group Inc), Share and Revenue Sharing Agreement (Mesa Air Group Inc), Share and Revenue Sharing Agreement (America West Holdings Corp)

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