Excess Work. 8.1 Any costs incurred by IAE or the Maintenance Center not covered under this Agreement shall be Excess Work and shall be paid for by Spirit in accordance with Section 10.4 of this Agreement. Excess Work shall include any labor, material and other charges for Eligible Engines that arise from the following: *****
8.2 In the event IAE, following consultation with Spirit, determines that an Eligible Engine requires a Shop Visit that will be considered entirely to be Excess Work, then the IAE FHA Manager shall so notify Spirit and IAE shall perform such work.
Excess Work. All Landlord’s Initial Construction (including, without limitation, any demolition costs and soft costs as described above and any Change Orders, as hereinafter defined) the cost of which exceeds the Improvement Allowance shall be “Excess Work.” All Excess Work shall be performed at the sole expense of Tenant.
Excess Work. All Landlord’s Work (including, without limitation, any Change Orders requested by Tenant, the cost of which exceeds the Improvement Allowance shall be “Excess Work.” Tenant may seek to reduce the cost of Landlord’s Work by Change Order under Section 1(b), above). All Excess Work shall be performed by Landlord at the sole expense of Tenant.
Excess Work. All Landlord’s Initial Construction performed under any Change Order, the cost of which exceeds the cost to perform Landlord’s Initial Construction in accordance with Landlord’s Plans shall be “Excess Work.” Tenant may seek to reduce the cost of Landlord’s Initial Construction by Change Order under Section 1(b) above. All Excess Work shall be performed by Landlord at the sole expense of Tenant.
Excess Work. Costs incurred by IAE or the Maintenance Center(s) directly related to the services provided to Spirit as a result of this Agreement, but which do not fall under the coverage in this Agreement shall be Excess Work. Such Excess Work shall be determined by IAE and approved by Spirit (such approval not to be unreasonably withheld) and shall be paid for by Spirit in accordance with Clause 10.3 of this Agreement. Such approval, if it causes a delay, shall be considered an excusable delay.
8.1. Excess Work shall include (but not be limited to), any labor, material and other charges for Eligible Engines that:
8.1.1. require repairs for insured in-flight and/or ground accident damage, except for the Foreign Object Damage coverage described in Clause 3.1.1;
8.1.2. were not maintained and operated in accordance with Clause 9.5:
8.1.3. have been subjected to misuse, neglect, accident or maintenance not in accordance with the (i) FAA approved Spirit maintenance program, (ii) AMM, (iii) MMP, or (iv) industry wide and IAE written instructions recommended by the FHA Manager (acting reasonably) and agreed to with Spirit, by any party other than IAE or any Maintenance Center(s);
8.1.4. have suffered damage directly resulting from a part not originally supplied by IAE;
8.1.5. have suffered damage directly resulting from occurrences outside the course of Spirit’s normal business activities as a commercial airline, such occurrences including, but not being limited to, acts of God (excluding events covered by IAE FOD coverage), use by government agencies and services (except for Civil Reserve Air Fleet use or operating under FAR 121), acts of war, rebellion, seizure, terrorism, riots or other belligerent acts;
8.1.6. have been exposed by Spirit to exceedance of Engine operating limits published by IAE not caused by a Failure;
8.1.7. have been delivered to the Maintenance Center(s) with missing Parts or Accessories, requiring the use of units provided by the Maintenance Center(s) to permit the testing of the Eligible Engine following its refurbishment; or
8.1.8. Spirit has failed to substantially meet its obligations under Clause 9. The removal, repair or replacement of LLPs (other than for damage or where directed by IAE from the previous shop visit) and any directly associated additional costs, and work requested by Spirit which is not covered by the terms of this Agreement will, at IAE’s election, be invoiced as Excess Work.
Excess Work. 10.3.1. Charges for Excess Work shall be invoiced to Spirit by IAE at rates and terms that are not materially different from those provided by the Maintenance Center(s) to IAE for FHA work under this Agreement, provided that such Excess Work charges shall be subject to a ***** surcharge, up to a maximum of ***** per invoice for the surcharge. If the work scope for an ineligible shop visit does not anticipate significant restoration work, then Spirit also retains the right to choose the facility to complete the Excess Work as long as such facility is an IAE approved facility, and Spirit and IAE manage the workscope. If the Excess Work is due solely to LLP replacement, IAE agrees not to apply the ***** surcharge.
10.3.2. IAE may invoice Spirit its reasonable estimate of the cost of any Excess Work prior to commencement, or during the execution, of such Excess Work. IAE shall invoice Spirit for the balance of the cost of any Excess Work upon receipt of the corresponding invoice from the Maintenance Center(s) (or promptly issue a credit to Spirit’s account with IAE for any excess payment received by Spirit).
10.3.3. Spirit shall pay all invoices submitted by IAE pursuant to this Article within ***** of submission. ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.
10.3.4. Spirit may use a third party maintenance center other than IAE’s Maintenance Center only for Excess Work upon written notice to IAE of such selection, provided that such Excess Work is identified by Spirit to IAE in advance and no FHA covered work is to be performed at such interval. Such Excess Work performed by the third party maintenance center shall not be warranted by IAE and Spirit agrees that IAE shall not be liable for any work performed by such third party maintenance center.
Excess Work. 8.1 If a Maintenance Center charges Vuela or IAE for Excess Work, such charges shall be paid for by Vuela directly to the Maintenance Center or, if the Maintenance Center has invoiced IAE for such charges, to IAE in accordance with Clause 10.3 of this Agreement. “Excess Work” shall mean any labor, material and other charges for Eligible Engines that arise from the following:
Excess Work. 8.1 Any costs incurred by IAE or the Maintenance Center not covered under this Agreement shall be Excess Work and shall be paid for by Spirit in accordance with Section 10.2 of this Agreement. Excess Work shall include any labor, material and other charges for Eligible Engines that arise from the following: *****
8.2 In the event IAE, following consultation with Spirit, determines that an Eligible Engine requires a Shop Visit that will be considered entirely to be Excess Work, then the IAE FHA Manager shall so notify Spirit and IAE shall perform such work.
8.8 Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.
Excess Work. 8.1 Any costs incurred by IAE or the Maintenance Center not covered under this Agreement shall be Excess Work and shall be paid for by Spirit in accordance with Section 10.2 of this Agreement. Excess Work shall include any labor, material and other charges for Eligible Engines that arise from the following: [***]
8.2 In the event IAE, following consultation with Spirit, determines that an Eligible Engine requires a Shop Visit that will be considered entirely to be Excess Work, then the IAE FHA Manager shall so notify Spirit and IAE shall perform such work.
8.3 [***]
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8.5 [***]
8.6 [***]
8.7 [***]
8.8 [***]
Excess Work. Excess work is an allowance granted when it is neces- sary to use substandard material or alternate methods. Excess work allowance can be issued only if requested before the work is completed; a request made after the work is completed will not be considered. Rework and Work Subsequently Found to be Faulty: If work has to be done as a result of the employee’s error, no extra time will be allowed. The actual hours taken will be included with the current day’s time taken. In the case of team work, where the fault cannot be identified with a specific employee, the adjustment will be distributed equally between all employees on the team. Revision of Standard Times: Standard times will remain unaltered, except where the times are stated to be provisional, or arithmetical errors can be demonstrated, or where there is an accumulated change in the methods, material, equipment or quality requirements. The allowable percentage change is for all changes. When the accumulated changes affect a standard, the Company shall revise the standards to reflect the changes. The Union will be advised in writing prior to changes being issued. When standards are revised due to changes of method, material, equipment or quality requirements, design or process changes, only elements affected by the change shall be altered. Quality: Our customers know us for the best quality goods in our industry. This plan is designed to pay incentive for more efficient production consistent with the mainte- xxxxx of our quality standards. Instruction from Supervision: This program in no way affects the authority of the Management. All employees will be required to carry out the operations as instructed by their Department Manager or Lead hand, whether or not Standard Times have been issued for the work. If employees are instructed by their supervisor to per- form an incentive job contrary to the established stand- ard, they be paid a minimum of their average earnings. INCENTIVE PLAN METHODS OF PAYMENT Incentive plan payments will be paid based on the average over the period of a day on the following basis.
