DOT Complaint Rate Criteria Sample Clauses

DOT Complaint Rate Criteria. Mesa shall not permit its annual DOT Complaint Rate (defined below) for Flight Services to exceed the annual DOT Complaint Rate of AWA. The “DOT Complaint Rate” is defined as the number of consumer complaints received by the DOT for a given calendar year expressed in terms of the number of complaints per 100,000 passengers flown during that calendar year by Mesa and AWA; provided, however, that the DOT Complaint Rate shall exclude consumer complaints relating solely to (i) overbooking; (ii) fares; (iii) Aircraft size or suitability; (iv) schedule; and (v) food service. For purposes of this Agreement, “AWA’s DOT Complaint Rate” shall mean AWA’s actual DOT Complaint Rate multiplied by 1.05. DOT complaints made against AWA for America West Express service shall be allocated to Mesa for the purpose of calculating Mesa’s and AWA’s DOT Complaint Rates. If Mesa’s DOT Complaint Rate exceeds AWA’s DOT Complaint Rate in any calendar year during the Term of this Agreement, Mesa, within 10 days after receipt of written demand from AWA, shall pay to AWA a penalty equal to [***] multiplied by the amount by which Mesa’s DOT Complaint Rate exceeds AWA’s DOT Complaint Rate. For example, if AWA’s DOT Complaint Rate for a given year is [***] per 100,000 passengers and Mesa’s is [***] per 100,000 passengers, Mesa would pay AWA the product of [***] x [***]. On each anniversary date of the Contract Date, the penalty payment amount shall be increased by the increase in the CPI, as determined in accordance with Section 7.4.
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DOT Complaint Rate Criteria. Mesa shall not permit its annual DOT Complaint Rate (defined below) for Flight Services to [CONFIDENTIAL PORTION DELETED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION]. The "DOT Complaint Rat" is defined as the number of consumer complaints received by the DOT for a given calendar year expressed in the terms of the number of complaints per 100,000 passengers flown during that calendar year by Mesa and AWA; provided, however, that the DOT Complaint Rate shall exclude consumer complaints relating solely to (i) [CONFIDENTIAL PORTION DELETED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION]; (ii) [CONFIDENTIAL PORTION DELETED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION]; (iii) [CONFIDENTIAL PORTION DELETED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION]; (iv) [CONFIDENTIAL PORTION DELETED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION]; and (v) [CONFIDENTIAL PORTION DELETED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION]. For purposes of this Agreement, "AWA's DOT Complaint Rate" shall mean [CONFIDENTIAL PORTION DELETED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION]. DOT [CONFIDENTIAL PORTION DELETED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION] DOT Complaint Rates. If Mesa's DOT Complaint Rate [CONFIDENTIAL PORTION DELETED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION], within [CONFIDENTIAL PORTION DELETED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION] days after receipt of written demand from AWA, [CONFIDENTIAL PORTION DELETED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION]. For example, if [CONFIDENTIAL PORTION DELETED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION] for a given year is [CONFIDENTIAL PORTION DELETED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION] passengers and [CONFIDENTIAL PORTION DELETED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION] is [CONFIDENTIAL PORTION DELETED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION] per [CONFIDENTIAL PORTION DELETED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION] would [CONFIDENTIAL PORTION DELETED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION] the [CONFIDENTIAL PORTION DELETED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION] of [CONFIDENTIAL PORTION DELETED AND FILED SEPARATELY WIT...
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Related to DOT Complaint Rate Criteria

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