City Designated Accommodation. If the Requesting Air Transportation Company’s attempt to obtain voluntary Signatory Passenger Airline accommodation proves unsuccessful as determined by City, City shall serve notice to all Signatory Passenger Airlines of City’s intention to make a determination within fifteen (15) days, as to how the Requesting Air Transportation Company can be accommodated on one or more of the Signatory Passenger Airlines’ Preferential Leased Premises, either individually or in combination. At the end of such fifteen (15) day period, City may, subject to Airline’s right to Preferential Use thereof, designate all or a specific portion of Airline’s Preferential Use Premises as may be required to accommodate or partially accommodate the proposed operations of the Requesting Air Transportation Company, including rights of ingress and egress, the right to use the Airline’s Ramp Premises, the loading bridges and other appurtenant aircraft support equipment, which are reasonably necessary for the effective use of such Airline’s Preferential Use Premises. Unless otherwise agreed to by Airline, the foregoing shall exclude any Airline-owned proprietary computers and peripherals and ground support equipment. Airline shall accommodate such Requesting Air Transportation Company on all or such portion of the Airline’s Preferential Use Premises in a commercially reasonable manner taking into account the nature of both Airline and Requesting Air Transportation Company’s respective operations, which manner of accommodation shall be subject to the review and approval of City. City's designation shall set forth the time and date of any aircraft towing requirements of Airline, subject to the provisions of Section 4.11.G.
City Designated Accommodation. Rentals and Fees
a. In the event that City designates all or a portion of Airline’s Preferential Use Premises for the accommodation of a Requesting Air Transportation Company, Airline and the Requesting Air Transportation Company shall have a period of fifteen (15) days to enter into an agreement-in-principle of substantial business terms, including, but not limited to, the effective date of Requesting Air Transportation Company’s operations, subject to the prior review and approval by City. Such agreement shall be subject to the provisions of Article 10. Rentals, fees and charges established in the agreement and charged by Airline to the Requesting Air Transportation Company shall not exceed one hundred and fifteen percent (115%) of Airline’s pro rata total costs of accommodating Requesting Air Transportation Company.
b. If Airline’s and the Requesting Air Transportation Company’s attempt to reach agreement pursuant to Section 4.11.F.2.a proves unsuccessful as a consequence of Airline’s failure to make a reasonable offer of accommodation, as determined by City, City shall invoice the Requesting Air Transportation Company as if such premises were included in the Domestic Common Use Terminal Areas, subject to the Signatory or Non- Signatory Domestic Common Use Gate Fee, the Domestic Common Use Ticket Counter Fee and/or Other Fees as appropriate. All rates, fees and charges received by City from such Requesting Air Transportation Company shall be considered and applied as Non- Airline Revenues.
