Cross Utilization of CRJ900 Spare Engines Sample Clauses

Cross Utilization of CRJ900 Spare Engines. The CRJ900 Spare Engines, together with the engines on the Aircraft as of the Effective Date, may be cross utilized between the Aircraft and the CRJ900 aircraft operated by Pinnacle pursuant to the 2007 CRJ900 Delta Connection Agreement (the “CRJ900 DCA Aircraft”), but no other aircraft, provided each of the following conditions are, and remain, satisfied: 1. The spare engines for the CRJ900 DCA Aircraft, together with the engines on the CRJ900 DCA Aircraft as of the Effective Date (as set forth on Schedules 1-A and 1-B attached to this Agreement and made a part hereof), are cross utilized for the Aircraft at substantially the same rates as the CRJ900 Spare Engines and the engines on the Aircraft as of the Effective Date are cross-utilized on the CRJ900 DCA Aircraft. 2. The CRJ900 Spare Engines and the engines on the Aircraft as of the Effective Date shall not be negatively discriminated against in any way, in Delta’s commercially reasonable judgment, including with respect to, but not limited to, utilization, configuration, handling and storage. 3. Spare engines are assets specifically designed for replacement of non-scheduled removals induced by exceeding the operating or mechanical allowable limits for revenue flight. Spare engines may also be used to support a planned removal of an engine that is operating with sustained restrictions that preclude normal routing of an Aircraft. The minimum number of Spare engines for the purposes of this Agreement is ***. 4. Upon the termination or expiration of the Agreement, at Pinnacle’s sole cost, Pinnacle shall return each of the (i) engines on an Aircraft as of the Effective Date and (ii) the CRJ900 Spare Engines to a position on the Aircraft and the remaining engines to a spare stand and correct any configuration discrepancies, including but not limited to Pinnacle owned LRUs installed on the Aircraft and such engines. If it is determined, in Delta’s commercially reasonable judgment, that any of the above conditions is not satisfied, then Delta may, at it’s sole discretion, upon 30 days advance notice to Pinnacle require that neither the CRJ900 Spare Engines, nor the engines on the Aircraft as of the Effective Date, may be utilized on any of the CRJ900 DCA Aircraft, and within 90 calendar days of the date of such notice, Pinnacle must comply with Condition 4 above.
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