Common use of Consolidation of Operations Clause in Contracts

Consolidation of Operations. 5.6.1 If the Port is unable otherwise to meet the reasonable requirements of a Requesting Airline in accordance with the priorities established in Section 5.3, above, and the Port determines that Airline is under-utilizing its Preferential Use Premises (other than Gates), the Port may, upon not less than thirty (30) days written notice to Airline, require Airline to vacate its under-utilized Preferential Use Premises and consolidate its operations in its remaining Preferential Use Premises. The Port’s determination of Airline’s utilization of Preferential Use Premises (other than Gates) shall be made in the Port’s sole discretion and may take into account, among other things, the factors listed in subsection 5.2.1, above. Airline may request the Port to reconsider its determination of under-utilization within fifteen (15) calendar days of receipt of the Port’s notice to consolidate and, if it does so, Airline shall provide reasonable documentation of its need for the Premises that are the subject of the notice. If the Port, after reconsidering its determination, elects to proceed with the consolidation, the Port shall give Airline not less than fifteen (15) calendar days notice to vacate such Premises. The Port may either assign the vacated premises to the Requesting Airline on a preferential use basis, if the Requesting Airline is or becomes a Signatory Airline, or deem the vacated premises to be available for common use subject to the Port’s exclusive control. 5.6.2 The reasonable costs of relocating Airline’s furniture, equipment and signage in connection with the consolidation of Airline’s operations, if required by the Port under this subsection, plus the reasonable costs of Airline’s tenant improvements that cannot be relocated, when originally constructed with the Port’s consent, shall be paid by the Port and included in the Terminal Revenue Requirement calculated under subsection 8.3.1 of this Agreement. 5.6.3 The Port shall revise the Premises Notice issued to Airline under subsection 2.3.1 of this Agreement to reflect any consolidation of Airline’s operations required by the Port under Section 5.6 and shall issue such a revised Premises Notice to Airline when any such consolidation takes effect.

Consolidation of Operations. ‌ 5.6.1 If the Port is unable otherwise to meet the reasonable requirements of a Requesting Airline in accordance with the priorities established in Section 5.3, above, and the Port determines that Airline is under-utilizing its Preferential Use Premises (other than Gates), the Port may, upon not less than thirty (30) days written notice to Airline, require Airline to vacate its under-utilized Preferential Use Premises and consolidate its operations in its remaining Preferential Use Premises. The Port’s determination of Airline’s utilization of Preferential Use Premises (other than Gates) shall be made in the Port’s sole discretion and may take into account, among other things, the factors listed in subsection 5.2.1, above. Airline may request the Port to reconsider its determination of under-utilization within fifteen (15) calendar days of receipt of the Port’s notice to consolidate and, if it does so, Airline shall provide reasonable documentation of its need for the Premises that are the subject of the notice. If the Port, after reconsidering its determination, elects to proceed with the consolidation, the Port shall give Airline not less than fifteen (15) calendar days notice to vacate such Premises. The Port may either assign the vacated premises to the Requesting Airline on a preferential use basis, if the Requesting Airline is or becomes a Signatory Airline, or deem the vacated premises to be available for common use subject to the Port’s exclusive control. 5.6.2 The reasonable costs of relocating Airline’s furniture, equipment and signage in connection with the consolidation of Airline’s operations, if required by the Port under this subsection, plus the reasonable costs of Airline’s tenant improvements that cannot be relocated, when originally constructed with the Port’s consent, shall be paid by the Port and included in the Terminal Revenue Requirement calculated under subsection 8.3.1 of this Agreement. 5.6.3 The Port shall revise the Premises Notice issued to Airline under subsection 2.3.1 of this Agreement to reflect any consolidation of Airline’s operations required by the Port under Section 5.6 and shall issue such a revised Premises Notice to Airline when any such consolidation takes effect.