Common use of COVENANTS OF OPERATOR Clause in Contracts

COVENANTS OF OPERATOR. Operator hereby covenants and agrees that: A. If requested by Delta at any time during the Term of this Agreement, Operator shall place its flight designator code on certain flights operated by Delta or an affiliate of Delta. B. During the Term of this Agreement, Operator shall not, on the same operating certificate as the Aircraft, own, lease or operate for any purpose any aircraft, whether for itself, Delta or another carrier, that will cause Delta to be in violation of its collective bargaining agreement with its pilots in effect as of the date hereof, or, with respect to Operator’s commencing the ownership, lease or operation of a new type or size aircraft in the future, as such agreement may have been amended at such time. In furtherance of the above, if during the term of this Agreement, Operator operates a jet aircraft certificated in the United States with a Maximum Gross Take Off Weight greater than *** and certificated for *** or fewer passenger seats but configured with *** or fewer passenger seats for itself or a carrier other than Delta or an affiliate of Delta, then Operator shall not operate any jet aircraft configured with between *** and *** passenger seats for itself or a carrier other than Delta or an affiliate of Delta in any city pair that is served, on a non-stop basis by Delta or an affiliate of Delta. C. Operator shall not enter into any binding agreement or arrangement (or series of agreements or arrangements) with any third party (excluding any employee collective bargaining units) for the procurement of any goods or services relating to Operator, the Aircraft or operation of any of the Delta Connection Flights that will result in a material increase in Operator’s Pass Through Costs to perform its services hereunder without the prior written consent of Delta, which consent shall not be unreasonably withheld and shall be provided in a timely manner in order to permit Operator to satisfy its obligations hereunder (it being understood that Delta’s consent shall not be required if Operator does not pass any such increased costs to Delta as Pass Through Costs). D. At the request of Delta, Operator agrees to enter into such agreement(s) with another air carrier as may be necessary to implement share code-sharing on the Delta Connection Flights with such other air carrier. E. Operator agrees that any pilot furloughed by Delta will be given preferential new hire opportunities at Operator if such pilot completes all new hire paper work, meets all new hire airman and medical qualifications, satisfies background checks and successfully completes an interview and employment process, subject to any other preferences arising from existing contractual arrangements to which Parent or Operator is currently a party as of the Agreement Date. Operator and Delta shall determine and implement mutually acceptable procedures and processes to effectuate the new hire opportunity commitment set forth above. Delta agrees to offer preferential interviews for employment to airmen employed by Operator, subject to Delta’s objectives for diversity and experience among newly hired pilots. F. Operator shall file all reports and plans relating to its operations with the DOD, DOT, FAA, NTSB or any state or airport authority, and Operator shall promptly furnish Delta with copies of all such reports and such other available traffic and operating reports as Delta may request from time to time. Additionally, Operator will promptly furnish Delta with a copy of every report and plan that Operator prepares, whether or not such report is filed with the FAA, NTSB or any other governmental agency, relating to any accident or incident involving an Aircraft when such accident or incident is claimed to have resulted in the death or injury to any person or the loss of, damage to or destruction of any property. G. All flight operations, dispatch operations and flights and all other operations undertaken by Operator pursuant to this Agreement shall be conducted and operated by Operator in strict compliance with all Governmental Regulations, including, without limitation, those relating to airport security, the use and transportation of hazardous materials, flight crew and mechanic qualifications and licensing requirements, crew training and hours. All Aircraft shall be operated and maintained by Operator in strict compliance with all Minimum Maintenance Standards, all Governmental Regulations, Operator’s own operations manuals and maintenance manuals and procedures, and all applicable equipment manufacturer’s instructions. No later than one (1) year after the Effective Date, Operator shall apply and close out its inspection to establish its registration as an IOSA Operator and maintain such registration at all times thereafter during the Term. At all times, Operator shall operate with the highest standards of care. H. In the event Parent is no longer a public reporting company, Operator shall furnish to Delta (1) within forty-five (45) days after the end of each of the three interim calendar quarters, unaudited financial statements including Operator’s then current corporate balance sheet and profit and loss statement and (2) within ninety-one (91) days after the end of Operator’s fiscal year, Operator’s then current, audited financial statements including, either separately or on a consolidated basis, the balance sheet and the profit and loss statement, together with associated footnotes, and a copy of the independent auditor’s report. Notwithstanding the reporting status of Parent, Operator shall furnish to Delta within ninety-one (91) days after the end of Operator’s fiscal year, a profit and loss statement with respect to Operator’s Delta Connection operations prepared by the rules and regulations promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended, and certified by Operator’s chief financial officer.

COVENANTS OF OPERATOR. Operator hereby covenants and agrees that: A. If requested by Delta at any time during the Term of this AgreementTerm, Operator SKYW shall place its flight designator code code, “SW,” on certain flights operated by Delta or an affiliate of Delta. B. During the Term of this AgreementTerm, Operator shall not, on the same operating certificate as the Aircraft, own, lease or not operate for any purpose any aircraft, whether for itself, Delta or another carrier, aircraft that will would cause Delta to be in violation of its collective bargaining agreement with its pilots in effect as place from time to time during the Term, unless such operation is at the request of the date hereofDelta. Notwithstanding any limitations set forth in Article 12(D), or, with respect Delta agrees to indemnify each Operator Indemnitee for any Loss attributable to Operator’s commencing the ownership, lease or operation of a new type or size aircraft in the future, as such agreement may have been amended at such time. In furtherance of the above, if during the term of this Agreement, Operator operates a jet aircraft certificated in the United States with a Maximum Gross Take Off Weight greater than *** and certificated for *** or fewer passenger seats but configured with *** or fewer passenger seats for itself or a carrier other than Delta or an affiliate violation of Delta, then Operator shall not operate any jet aircraft configured ’s collective bargaining agreement with between *** and *** passenger seats for itself or its pilots if such violation is attributable to a carrier other than Delta or an affiliate of Delta in any city pair that is served, on a non-stop basis request by Delta or an affiliate of Delta. C. Operator SKYW shall not enter into any binding agreement or arrangement (or series of agreements or arrangements) with any third party (excluding any employee collective bargaining units) for the procurement of any goods or services relating to OperatorSKYW, the Aircraft or operation of any of the Delta Connection Flights that will result in a material may materially increase in OperatorSKYW’s Pass Through Direct Costs to perform its services hereunder without the prior written consent of Delta, which consent shall not be unreasonably withheld and shall be provided in a timely manner in order to permit Operator to satisfy its obligations hereunder (it being understood that Delta’s consent shall not be required if Operator does not pass any such increased costs to Delta as Pass Through Costs). D. If Delta (or an affiliate of Delta) incurs any cost or expense on account of SKYW’s failure (unless such ASA failure is directly the result of some act or omission of Delta) to comply with any provision in any aircraft or airport lease, sublease, mortgage or other related agreement, including, but not limited to, failure to comply with provisions of return conditions, obligations of maintenance or operation of aircraft, engines and parts, airport facilities, insurance requirements, operational restrictions and indemnity obligations, SKYW shall pay or reimburse Delta in full for all such undisputed costs or expenses within thirty (30) days of receipt of an invoice from Delta setting forth the amount and background detail thereof; provided that SKYW will have no right to claim from Delta payment or reimbursement under this Agreement for any increased cost which Delta incurs as a result thereof . E. At the request of Delta, Operator SKYW agrees to enter into such agreement(s) with another air carrier as may be necessary to implement share code-sharing on the Delta Connection Flights with such other air carrier. E. Operator F. SKYW agrees that any pilot furloughed by Delta will be given preferential new hire opportunities at Operator SKYW if such pilot completes all new hire paper work, meets all new hire airman and medical qualifications, satisfies background checks and successfully completes an interview and employment process, subject to any other preferences arising from existing contractual arrangements to which Parent or Operator is currently a party as of the Agreement Date. Operator SKYW and Delta shall determine and implement mutually acceptable procedures and processes to effectuate the new hire opportunity commitment set forth above. Delta agrees to offer preferential interviews for employment to airmen employed by Operator, subject to Delta’s objectives for diversity and experience among newly hired pilotsSKYW. F. Operator G. SKYW shall file all reports and plans relating to its operations with the DOD, DOT, FAA, NTSB or any state or airport authority, and Operator SKYW shall promptly furnish Delta with copies of all such reports and such other available traffic and operating reports as Delta may request from time to time. Additionally, Operator SKYW will promptly furnish Delta with a copy of every report and plan that Operator SKYW prepares, whether or not such report is filed with the FAA, NTSB or any other governmental agency, relating to any accident or incident involving an Aircraft when such accident or incident is claimed to have resulted in the death or injury to any person or the loss of, damage to or destruction of any property. G. H. All flight operations, dispatch operations and flights and all other operations undertaken by Operator SKYW pursuant to this Agreement shall be conducted and operated by Operator SKYW in strict compliance in all material respects with all Governmental Regulationsapplicable governmental regulations, including, without limitation, those relating to airport security, the use and transportation of hazardous materials, flight crew and mechanic qualifications and licensing requirements, crew training and hours. All Aircraft shall be operated and maintained by Operator SKYW in strict compliance in all material respects with all Minimum Maintenance Standardsapplicable governmental regulations, all Governmental Regulations, OperatorSKYW’s own operations manuals and maintenance manuals and procedures, and all applicable equipment manufacturer’s instructions. No later than one (1) year after the Effective Date, Operator shall apply and close out its inspection to establish its registration as an IOSA Operator and maintain such registration at all times thereafter during the Term. At all times, Operator shall operate with the highest standards of care. H. I. In the event Parent SI is no longer a public reporting company, Operator SKYW shall cause SI to furnish to Delta (1) within forty-five (45) 45 days after the end of each of the three interim calendar quarters, unaudited consolidated financial statements including OperatorSI’s then current corporate balance sheet and profit and loss statement and (2) within ninety-one (91) 91 days after the end of OperatorSI’s fiscal year, OperatorSI’s then current, audited consolidated financial statements including, either separately or on a consolidated basis, the balance sheet and the profit and loss statement, together with associated footnotes, and a copy of the independent auditor’s report. Notwithstanding the reporting status of ParentSI, Operator shall furnish to Delta (1) within ninety45 days after the end of each of the three interim calendar quarters, a profit and loss statement with respect to Operator’s Delta Connection Program operations for such applicable interim calendar quarter prepared by SEC line-one item and certified by Operator’s or SI’s chief financial officer and (912) within 91 days after the end of Operator’s fiscal year, a profit and loss statement with respect to Operator’s Delta Connection Program operations for such fiscal year prepared by the rules and regulations promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended, SEC line-item and certified by Operator’s or SI’s chief financial officer. J. SKYW shall interview any graduate of the Delta Connection Academy who desires to interview with SKYW for a pilot or first officer position. K. At all times, SKYW shall operate with the highest standards of care.

COVENANTS OF OPERATOR. Operator hereby covenants and agrees that: A. If requested by Delta at any time during the Term of this AgreementTerm, Operator ASA shall place its flight designator code code, “EV”, on certain flights operated by Delta or an affiliate of Delta. B. During the Term of this AgreementTerm, Operator shall not, on the same operating certificate as the Aircraft, own, lease or not operate for any purpose any aircraft, whether for itself, Delta or another carrier, aircraft that will would cause Delta to be in violation of its collective bargaining agreement with its pilots in effect as place from time to time during the Term, unless such operation is at the request of the date hereofDelta. Notwithstanding any limitations set forth in Article 12(D), or, with respect Delta agrees to indemnify each Operator Indemnitee for any Loss attributable to Operator’s commencing the ownership, lease or operation of a new type or size aircraft in the future, as such agreement may have been amended at such time. In furtherance of the above, if during the term of this Agreement, Operator operates a jet aircraft certificated in the United States with a Maximum Gross Take Off Weight greater than *** and certificated for *** or fewer passenger seats but configured with *** or fewer passenger seats for itself or a carrier other than Delta or an affiliate violation of Delta, then Operator shall not operate any jet aircraft configured ’s collective bargaining agreement with between *** and *** passenger seats for itself or its pilots if such violation is attributable to a carrier other than Delta or an affiliate of Delta in any city pair that is served, on a non-stop basis request by Delta or an affiliate of Delta. C. Operator ASA shall not enter into any binding agreement or arrangement (or series of agreements or arrangements) with any third party (excluding any employee collective bargaining units) for the procurement of any goods or services relating to OperatorASA, the Aircraft or operation of any of the Delta Connection Flights that will result in a material may materially increase in OperatorASA’s Pass Through Direct Costs to perform its services hereunder without the prior written consent of Delta, which consent shall not be unreasonably withheld and shall be provided in a timely manner in order to permit Operator to satisfy its obligations hereunder (it being understood that Delta’s consent shall not be required if Operator does not pass any such increased costs to Delta as Pass Through Costs). D. If Delta (or an affiliate of Delta) incurs any cost or expense on account of ASA’s failure (unless such ASA failure is directly the result of some act or omission of Delta) to comply with any provision in any aircraft or airport lease, sublease, mortgage or other related agreement, including, but not limited to, failure to comply with provisions of return conditions, obligations of maintenance or operation of aircraft, engines and parts, airport facilities, insurance requirements, operational restrictions and indemnity obligations, ASA shall pay or reimburse Delta in full for all such undisputed costs or expenses within thirty (30) days of receipt of an invoice from Delta setting forth the amount and background detail thereof; provided that ASA will have no right to claim from Delta payment or reimbursement under this Agreement for any increased cost which Delta incurs as a result thereof . E. At the request of Delta, Operator ASA agrees to enter into such agreement(s) with another air carrier as may be necessary to implement share code-sharing on the Delta Connection Flights with such other air carrier. E. Operator F. ASA agrees that any pilot furloughed by Delta will be given preferential new hire opportunities at Operator ASA if such pilot completes all new hire paper work, meets all new hire airman and medical qualifications, satisfies background checks and successfully completes an interview and employment process, subject to any other preferences arising from existing contractual arrangements to which Parent or Operator is currently a party as of the Agreement Date. Operator ASA and Delta shall determine and implement mutually acceptable procedures and processes to effectuate the new hire opportunity commitment set forth above. Delta agrees to offer preferential interviews for employment to airmen employed by Operator, subject to Delta’s objectives for diversity and experience among newly hired pilotsASA. F. Operator G. ASA shall file all reports and plans relating to its operations with the DOD, DOT, FAA, NTSB or any state or airport authority, and Operator ASA shall promptly furnish Delta with copies of all such reports and such other available traffic and operating reports as Delta may request from time to time. Additionally, Operator ASA will promptly furnish Delta with a copy of every report and plan that Operator ASA prepares, whether or not such report is filed with the FAA, NTSB or any other governmental agency, relating to any accident or incident involving an Aircraft when such accident or incident is claimed to have resulted in the death or injury to any person or the loss of, damage to or destruction of any property. G. H. All flight operations, dispatch operations and flights and all other operations undertaken by Operator ASA pursuant to this Agreement shall be conducted and operated by Operator ASA in strict compliance in all material respects with all Governmental Regulationsapplicable governmental regulations, including, without limitation, those relating to airport security, the use and transportation of hazardous materials, flight crew and mechanic qualifications and licensing requirements, crew training and hours. All Aircraft shall be operated and maintained by Operator ASA in strict compliance in all material respects with all Minimum Maintenance Standardsapplicable governmental regulations, all Governmental Regulations, OperatorASA’s own operations manuals and maintenance manuals and procedures, and all applicable equipment manufacturer’s instructions. No later than one (1) year after the Effective Date, Operator shall apply and close out its inspection to establish its registration as an IOSA Operator and maintain such registration at all times thereafter during the Term. At all times, Operator shall operate with the highest standards of care. H. I. In the event Parent SI is no longer a public reporting company, Operator ASA shall cause SI to furnish to Delta (1) within forty-five (45) 45 days after the end of each of the three interim calendar quarters, unaudited consolidated financial statements including OperatorSI’s then current corporate balance sheet and profit and loss statement and (2) within ninety-one (91) 91 days after the end of OperatorSI’s fiscal year, OperatorSI’s then current, audited consolidated financial statements including, either separately or on a consolidated basis, the balance sheet and the profit and loss statement, together with associated footnotes, and a copy of the independent auditor’s report. Notwithstanding the reporting status of ParentSI, Operator shall furnish to Delta (1) within ninety45 days after the end of each of the three interim calendar quarters, a profit and loss statement with respect to Operator’s Delta Connection Program operations for such applicable interim calendar quarter prepared by SEC line-one item and certified by Operator’s or SI’s chief financial officer and (912) within 91 days after the end of Operator’s fiscal year, a profit and loss statement with respect to Operator’s Delta Connection Program operations for such fiscal year prepared by the rules and regulations promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended, SEC line-item and certified by Operator’s or SI’s chief financial officer. J. ASA shall interview any graduate of the Delta Connection Academy who desires to interview with ASA for a pilot or first officer position. K. At all times, ASA shall operate with the highest standards of care.

COVENANTS OF OPERATOR. Operator hereby covenants and agrees that: A. If requested by Delta at any time during the Term of this AgreementTerm, Operator SKYW shall place its flight designator code code, “SW,” on certain flights operated by Delta or an affiliate of Delta. B. During the Term of this Agreement, Operator shall not, on the same operating certificate as the Aircraft, own, lease or operate for any purpose any aircraft, whether for itself, Delta or another carrier, that will cause Delta to be in violation of its collective bargaining agreement with its pilots in effect as of the date hereof, or, with respect to Operator’s commencing the ownership, lease or operation of a new type or size aircraft in the future, as such agreement may have been amended at such time. In furtherance of the above, if during the term of this Agreement, Operator operates a jet aircraft certificated in the United States with a Maximum Gross Take Off Weight greater than [*** and certificated for *** or fewer passenger seats but configured with *** or fewer passenger seats for itself or a carrier other than Delta or an affiliate of Delta, then Operator shall not operate any jet aircraft configured with between *** and *** passenger seats for itself or a carrier other than Delta or an affiliate of Delta in any city pair that is served, on a non-stop basis by Delta or an affiliate of Delta.] C. Operator SKYW shall not enter into any binding agreement or arrangement (or series of agreements or arrangements) with any third party (excluding any employee collective bargaining units) for the procurement of any goods or services relating to OperatorSKYW, the Aircraft or operation of any of the Delta Connection Flights that will result in a material may materially increase in OperatorSKYW’s Pass Through Direct Costs to perform its services hereunder without the prior written consent of Delta, which consent shall not be unreasonably withheld and shall be provided in a timely manner in order to permit Operator to satisfy its obligations hereunder (it being understood that Delta’s consent shall not be required if Operator does not pass any such increased costs to Delta as Pass Through Costs). D. If Delta (or an affiliate of Delta) incurs any cost or expense on account of SKYW’s failure (unless such ASA failure is directly the result of some act or omission of Delta) to comply with any provision in any aircraft or airport lease, sublease, mortgage or other related agreement, including, but not limited to, failure to comply with provisions of return conditions, obligations of maintenance or operation of aircraft, engines and parts, airport facilities, insurance requirements, operational restrictions and indemnity obligations, SKYW shall pay or reimburse Delta in full for all such undisputed costs or expenses within thirty (30) days of receipt of an invoice from Delta setting forth the amount and background detail thereof; provided that SKYW will have no right to claim from Delta payment or reimbursement under this Agreement for any increased cost which Delta incurs as a result thereof . E. At the request of Delta, Operator SKYW agrees to enter into such agreement(s) with another air carrier as may be necessary to implement share code-sharing on the Delta Connection Flights with such other air carrier. E. Operator F. SKYW agrees that any pilot furloughed by Delta will be given preferential new hire opportunities at Operator SKYW if such pilot completes all new hire paper work, meets all new hire airman and medical qualifications, satisfies background checks and successfully completes an interview and employment process, subject to any other preferences arising from existing contractual arrangements to which Parent or Operator is currently a party as of the Agreement Date. Operator SKYW and Delta shall determine and implement mutually acceptable procedures and processes to effectuate the new hire opportunity commitment set forth above. Delta agrees to offer preferential interviews for employment to airmen employed by Operator, subject to Delta’s objectives for diversity and experience among newly hired pilotsSKYW. F. Operator G. SKYW shall file all reports and plans relating to its operations with the DOD, DOT, FAA, NTSB or any state or airport authority, and Operator SKYW shall promptly furnish Delta with copies of all such reports and such other available traffic and operating reports as Delta may request from time to time. Additionally, Operator SKYW will promptly furnish Delta with a copy of every report and plan that Operator SKYW prepares, whether or not such report is filed with the FAA, NTSB or any other governmental agency, relating to any accident or incident involving an Aircraft when such accident or incident is claimed to have resulted in the death or injury to any person or the loss of, damage to or destruction of any property. G. H. All flight operations, dispatch operations and flights and all other operations undertaken by Operator SKYW pursuant to this Agreement shall be conducted and operated by Operator SKYW in strict compliance in all material respects with all Governmental Regulationsapplicable governmental regulations, including, without limitation, those relating to airport security, the use and transportation of hazardous materials, flight crew and mechanic qualifications and licensing requirements, crew training and hours. All Aircraft shall be operated and maintained by Operator SKYW in strict compliance in all material respects with all Minimum Maintenance Standardsapplicable governmental regulations, all Governmental Regulations, OperatorSKYW’s own operations manuals and maintenance manuals and procedures, and all applicable equipment manufacturer’s instructions. No later than one (1) year after the Effective Date, Operator shall apply and close out its inspection to establish its registration as an IOSA Operator and maintain such registration at all times thereafter during the Term. At all times, Operator shall operate with the highest standards of care. H. I. In the event Parent SI is no longer a public reporting company, Operator SKYW shall cause SI to furnish to Delta (1) within forty-five (45) 45 days after the end of each of the three interim calendar quarters, unaudited consolidated financial statements including OperatorSI’s then current corporate balance sheet and profit and loss statement and (2) within ninety-one (91) 91 days after the end of OperatorSI’s fiscal year, OperatorSI’s then current, audited consolidated financial statements including, either separately or on a consolidated basis, the balance sheet and the profit and loss statement, together with associated footnotes, and a copy of the independent auditor’s report. Notwithstanding the reporting status of ParentSI, Operator shall furnish to Delta (1) within ninety45 days after the end of each of the three interim calendar quarters, a profit and loss statement with respect to Operator’s Delta Connection Program operations for such applicable interim calendar quarter prepared by SEC line-one item and certified by Operator’s or SI’s chief financial officer and (912) within 91 days after the end of Operator’s fiscal year, a profit and loss statement with respect to Operator’s Delta Connection Program operations for such fiscal year prepared by the rules and regulations promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended, SEC line-item and certified by Operator’s or SI’s chief financial officer. J. SKYW shall interview any graduate of the Delta Connection Academy who desires to interview with SKYW for a pilot or first officer position. K. At all times, SKYW shall operate with the highest standards of care.

COVENANTS OF OPERATOR. Operator hereby covenants and agrees that: A. If requested by Delta at any time during the Term of this Agreement, Operator shall place its flight designator code on certain flights operated by Delta or an affiliate of Delta. B. During the Term of this Agreement, Operator shall not, on the same operating certificate as the Aircraft, own, lease or operate for any purpose any aircraft, whether for itself, Delta or another carrier, that will cause Delta to be in violation of its collective bargaining agreement with its pilots in effect as of the date hereofpilots, or, with respect to Operator’s commencing the ownership, lease or operation of a new type or size aircraft in the future, as such agreement may have been amended at such time. In furtherance of the above, if during as of the term of this AgreementAgreement Date, Operator operates a jet shall not, on the same operating certificate as the Aircraft, own, lease or operate any turbo-prop aircraft certificated in the United States with a Maximum Gross Take Off Weight greater than *** and certificated for *** or fewer passenger seats but that is configured with *** or fewer passenger seats more than seventy-two (72) seats. With respect to regional jet aircraft, as of the Agreement Date, Operator may operate, on the same operating certificate as the Aircraft, for itself or a carrier other than Delta or an affiliate of Delta, then Operator shall not operate any number of regional jet aircraft that is certificated for up to 106 seats, but configured with between *** and *** passenger seats for itself or a carrier other no more than Delta or an affiliate of Delta in ninety-seven (97) seats, provided such aircraft is not operated on any city pair that is served, on a non-stop basis served by Delta or an affiliate of Delta. C. Operator shall not enter into any binding agreement or arrangement (or series of agreements or arrangements) with any third party (excluding any employee collective bargaining units) for the procurement of any goods or services relating to Operator, the Aircraft or operation of any of the Delta Connection Flights that will result in a material increase in Operator’s Pass Through Costs to perform its services hereunder without the prior written consent of Delta, which consent shall not be unreasonably withheld and shall be provided in a timely manner in order to permit Operator to satisfy its obligations hereunder (it being understood that Delta’s consent shall not be required if Operator does not pass any such increased costs to Delta as Pass Through Costs). D. At the request of Delta, Operator agrees to enter into such agreement(s) with another air carrier as may be necessary to implement share code-sharing on the Delta Connection Flights with such other air carrier. E. Operator agrees that any pilot furloughed by Delta will be given preferential new hire opportunities at Operator if such pilot completes all new hire paper work, meets all new hire airman and medical qualifications, satisfies background checks and successfully completes an interview and employment process, subject to any other preferences arising from existing contractual arrangements to which Parent or Operator is currently a party as of the Agreement Date. Operator and Delta shall determine and implement mutually acceptable procedures and processes to effectuate the new hire opportunity commitment set forth above. Delta agrees to offer preferential interviews for employment to airmen employed by Operator, subject to Delta’s 's objectives for diversity and experience among newly hired pilots. F. Operator shall file all reports and plans relating to its operations with the DOD, DOT, FAA, NTSB or any state or airport authority, and Operator shall promptly furnish Delta with copies of all such reports and such other available traffic and operating reports as Delta may request from time to time. Additionally, Operator will promptly furnish Delta with a copy of every report and plan that Operator prepares, whether or not such report is filed with the FAA, NTSB or any other governmental agency, relating to any accident or incident involving an Aircraft when such accident or incident is claimed to have resulted in the death or injury to any person or the loss of, damage to or destruction of any property. G. All flight operations, dispatch operations and flights and all other operations undertaken by Operator pursuant to this Agreement shall be conducted and operated by Operator in strict compliance with all Governmental Regulations, including, without limitation, those relating to airport security, the use and transportation of hazardous materials, flight crew and mechanic qualifications and licensing requirements, crew training and hours. All Aircraft shall be operated and maintained by Operator in strict compliance with all Minimum Maintenance Standards, all Governmental Regulations, Operator’s own operations manuals and maintenance manuals and procedures, and all applicable equipment manufacturer’s instructions. No later than one (1) year after the Effective Date, Operator shall apply and close out its inspection to establish its registration as an IOSA Operator and maintain such registration at all times thereafter during the Term. At all times, Operator shall operate with the highest standards of care. H. In the event Parent is no longer a public reporting company, Operator shall furnish to Delta (1) within forty-five (45) 45 days after the end of each of the three interim calendar quarters, unaudited financial statements including Operator’s 's then current corporate balance sheet and profit and loss statement and (2) within ninety-one (91) 91 days after the end of Operator’s 's fiscal year, Operator’s 's then current, audited financial statements including, either separately or on a consolidated basis, the balance sheet and the profit and loss statement, together with associated footnotes, and a copy of the independent auditor’s 's report. Notwithstanding the reporting status of Parent, Operator shall furnish to Delta within ninety-one (91) 91 days after the end of Operator’s 's fiscal year, a profit and loss statement with respect to Operator’s Delta Connection operations prepared by the rules and regulations promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended, SEC line-item and certified by Operator’s chief financial officer.