Capacity Purchase. (a) Contractor shall present each Covered Aircraft for service under this Agreement on the Committed In-Service Date determined with respect to such aircraft pursuant to Table 1 in Schedule 1 (for the E175 Covered Aircraft) or the In-Service Date set forth on Table 2 in Schedule 1 (for the CRJ Covered Aircraft), as the case may be, and for each day thereafter until the exit date set forth for such aircraft on Schedule 1 under the caption “Scheduled Exit Date”, as such date may be extended pursuant to Section 10.2 hereof, in each case unless such aircraft is earlier withdrawn from the terms of this Agreement or this Agreement is earlier terminated, and United agrees to purchase the capacity of each such Covered Aircraft for the period during which such Covered Aircraft is so presented for service, all under the terms and conditions set forth herein and for the consideration described in Article III; provided that if, on or before the ninetieth (90th) day following the Scheduled Delivery Date, as set forth on Schedule 1A, for an E175 Covered Aircraft (or such later date as United may determine in United’s sole discretion), either (x) such aircraft has not been delivered by Embraer to United or to Contractor, acting as United’s agent pursuant to Section 10.7, or (y) United, using reasonable commercial efforts, has not obtained a consent to its entry into a Covered Aircraft Lease with Contractor regarding such aircraft from any applicable lender, mortgagee or other financing party, which consent is required pursuant to the terms of any loan agreement, lease, mortgage or other financing agreement or instrument relating to such aircraft and to which United is a party, then (i) such aircraft shall not constitute a Covered Aircraft for any purposes hereunder, (ii) Schedule 1 attached hereto shall be deemed to have been amended and replaced by a Schedule 1 as revised to delete such Covered Aircraft therefrom (and such aircraft shall not be replaced) without any further action by the parties hereto and (iii) no party hereunder shall incur any liability whatsoever to any of the other parties hereunder in connection with the removal of such aircraft from this Agreement as a result of the failure of such aircraft to be delivered or of United to obtain such consent. Subject to the terms and conditions of this Agreement, Contractor shall provide all of the capacity of the Covered Aircraft solely to United and use the Covered Aircraft solely to operate the Scheduled Fligh...
Capacity Purchase. 14.1 Subject to the terms and conditions of this Agreement, Seller shall sell and deliver, at the Point of Delivery, and Edison shall purchase and accept delivery of, at the Point of Delivery, As-Available Capacity produced by the Generating Facility, as specified in Sections 1.6 and 7.
14.2 Edison shall pay Seller for As-Available Capacity at prices authorized from time to time by the CPUC and which are derived from Edison's avoided costs as approved by the CPUC.
14.3 Payment for capacity shall be based on time of delivery. The time periods currently in effect are shown in Appendix A. Time period definitions may change from time to time as determined by the CPUC.
14.4 Edison has contracted to purchase the As-Available Capacity associated with the Generating Facility of the Nameplate Rating described in Section 1.1(b) of this Agreement. If Seller installs a Generating Facility with a Nameplate this Agreement, Edison shall not be required to accept or pay for As-Available Capacity associated with the incremental increase in Nameplate Rating under this
Capacity Purchase. (a) GTS or an Affiliate shall purchase the exclusive right to use a dark fibre pair and other rights set out in Annex 6 Part I for the lifetime of the System *** in accordance with the key commercial terms as set out in Annex 6 Part I. The payment schedule shall be agreed between the Shareholders and set forth in the relevant purchase agreement. All payments will be made free and clear of all withholding taxes.
(b) Subject to the following terms, FLAG or an affiliate of FLAG is hereby granted the following options: either (i) the option to purchase the products set out in Annex 6 Part I on the same terms as those set out in clause 7.1(a) (the "Fibre Option"); or (ii) the option to purchase up to *** of the Company's Products on the System in accordance with the key commercial terms as set out in Annex 6 Part II (the "Capacity Option"). FLAG may exercise the Capacity Option or the Fibre Option as follows:
Capacity Purchase. Continental agrees to purchase the capacity of the Covered Aircraft for the period beginning on the date such aircraft becomes a Covered Aircraft under this Agreement and ending on the earlier of (i) the sublease or lease expiration date, as applicable, for such aircraft on Schedule 1 and (ii) the date on which such aircraft is withdrawn pursuant to a Wind-Down Schedule or other withdrawal schedule pursuant to this Agreement, as such date may be extended, shortened or otherwise modified pursuant to the terms of this Agreement, under the terms and conditions set forth herein and for the consideration described in Article III. Subject to the terms and conditions of this Agreement, Contractor shall provide all of the capacity of the Covered Aircraft solely to Continental and use the Covered Aircraft solely to operate the Scheduled Flights.
Capacity Purchase. Continental agrees to purchase the capacity of each Covered Aircraft for the period beginning on the date such aircraft is presented for service by Contractor under this Agreement and ending on the exit date set forth for such aircraft on Schedule 1, as such date may be extended pursuant to Section 10.18 hereof, in each case unless such aircraft is earlier withdrawn pursuant to Article VIII, all under the terms and conditions set forth herein and for the consideration described in Article III. Subject to the terms and conditions of this Agreement, Contractor shall provide all of the capacity of the Covered Aircraft solely to Continental and use the Covered Aircraft solely to operate the Scheduled Flights, in the provision of Regional Airline Services (currently referred to as United Express service).
Capacity Purchase. Continental agrees to purchase the capacity of the Covered Aircraft for the Term, under the terms and conditions set forth herein and for the consideration described in Article III. Subject to the terms and conditions of this Agreement, Contractor shall provide all of the capacity of the Covered Aircraft solely to Continental and use the Covered Aircraft solely to operate the Scheduled Flights.
(a) Fares, Rules and Seat Inventory. Continental shall establish and publish all fares and related tariff rules for all seats on the Covered Aircraft. Contractor shall not publish any fares, tariffs, or related information for the Covered Aircraft. In addition, Continental shall have complete control over all seat inventory and inventory and revenue management decisions for the Covered Aircraft, including overbooking levels, discount seat levels and allocation of seats among various fare buckets.
(b) Flight Schedules. Continental shall, in its sole discretion, establish and publish all schedules for the Covered Aircraft, including determining the city-pairs served, frequencies, utilization and timing of scheduled arrivals and departures and charter flights; provided that such schedules shall be subject to Reasonable Operating Constraints. Contractor and Continental shall meet monthly (but not later than the fourth Friday of each calendar month) to review the planned flight schedules for the Covered Aircraft for each of the next 12 months. At such meeting, Continental shall present a planned flight schedule for the Covered Aircraft for each of the next 12 months, including a proposed Final Monthly Schedule for the next calendar month. At such meeting, Continental shall review and consider any changes to the planned flight schedule for the Covered Aircraft, including the proposed Final Monthly Schedule, suggested by Contractor. Following such monthly meeting, Continental shall make such adjustments to the proposed Final Monthly Schedule as it deems appropriate (subject to Reasonable Operating Constraints), and, not later than three Business Days prior to the beginning of each calendar month, will deliver to Contractor the Final Monthly Schedule.
Capacity Purchase. Frontier agrees to purchase the capacity of each Covered Aircraft for the period beginning on the date such aircraft is presented for service by RAI under this Agreement and ending on the last day of the Term, or as such date may be extended pursuant to Section 10.17 hereof, in each case unless such aircraft is earlier withdrawn pursuant to Article VIII, all under the terms and conditions set forth herein and for the consideration described in Article III. Subject to the terms and conditions of this Agreement, RAI shall provide all of the capacity of the Covered Aircraft solely to Frontier and use the Covered Aircraft solely to operate the Scheduled Flights. Except as provided in Section 2.01(e), the Covered Aircraft may not be used by RAI for any other purpose without the express prior written consent of Frontier.
Capacity Purchase. Continental agrees to purchase the capacity of the Covered Aircraft for the Term, under the terms and conditions set forth herein and for the consideration described in Article III. Subject to the terms and conditions of this Agreement, Contractor shall provide all of the capacity of the Covered Aircraft solely to Continental and use the Covered Aircraft solely to operate the Scheduled Flights and maintenance flights.
Capacity Purchase. Mokulele agrees to purchase the capacity of each Covered Aircraft for the period beginning on the date such aircraft is presented for service by Shuttle under this Agreement and ending on the last day of the Term, in each case unless such aircraft is earlier withdrawn pursuant to Article VIII, all under the terms and conditions set forth herein and for the consideration described in Article III. Subject to the terms and conditions of this Agreement, Shuttle shall provide all of the scheduled service capacity of the Covered Aircraft solely to Mokulele and use the Covered Aircraft solely to operate the Scheduled Flights. Except as provided in Section 2.01(e), the Covered Aircraft may not be used by Shuttle for any other purpose without the express prior written consent of Mokulele. During the Term (as such term is defined in Section 8.01) and so long as Mokulele is not in default under this Agreement or the Loan Agreement (as such term is defined in Section 2.05), Shuttle shall not enter into any agreement with any other air carrier to operate aircraft on routes within the state of Hawaii.
Capacity Purchase. A. PG&E shall pay Seller for as-delivered capacity during the Extended Term at prices authorized (and as may be revised) by the CPUC.
B. Payment for capacity shall be based on time of delivery. The time periods currently in effect are shown in Appendix A to this Amendment. Time period definitions may change from time to time as determined by the CPUC.
C. PG&E has contracted to purchase the as-delivered capacity associated with the Facility of the nameplate rating described in Article 3 (b) of the -------- Agreement. If Seller installs a Facility with a nameplate rating greater than -------- that specified in Article 3 (b) of the Agreement, PG&E shall not be required to accept or pay for as-delivered capacity associated with the incremental increase in nameplate rating under this Amendment.
D. As-delivered capacity payments made to Seller pursuant to this Amendment will be multiplied by a capacity loss adjustment factor (CLAF) as approved by the CPUC and may be modified by the CPUC from time to time.
