Common use of Exclusivity Arrangements Clause in Contracts

Exclusivity Arrangements. (a) During the Term, except as otherwise directed or approved in writing by Delta, in Delta’s sole discretion, Pinnacle and Mesaba, in aggregate, shall not operate more than ***departures per day under either of their own flight designator codes into or out of any Hub Location. (b) If, during the Term, Pinnacle or Mesaba operates a jet aircraft certificated in the United States with a Maximum Gross Take Off Weight greater than ***pounds 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 Pinnacle or Mesaba, as applicable, 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) Nothing in this Agreement shall preclude Delta from entering into code share, alliance or other commercial cooperation arrangements with any other airline or entering into similar or other arrangements with other carriers for the provisioning of regional airline services using CRJ200 aircraft or any other aircraft to or from the Hub Locations, the Service Cities or elsewhere. (d) Except as set forth in Section 2.14(a) and (b) above, nothing in this Agreement shall preclude Pinnacle or Mesaba from operating an aircraft for another carrier other than Delta or an Affiliate of Delta under the flight designator code of such other carrier into any Hub Location or preclude an Affiliate of Parent other than Pinnacle or Mesaba from operating any aircraft for itself or a carrier other than Delta or an Affiliate of Delta to or from the Hub Locations, the Service Cities or elsewhere.

Exclusivity Arrangements. (a) During the Term, except as otherwise directed or approved in writing by Delta, in Delta’s sole discretion, Pinnacle and Mesabathe Operators, in aggregate, shall not operate more than **** departures per day under either of their own flight designator codes into or out of any Hub Location. (b) If, during the Term, Pinnacle or Mesaba an Operator operates a jet aircraft certificated in the United States with a Maximum Gross Take Off Weight greater than ***pounds 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 Pinnacle or Mesaba, as applicable, such 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) Nothing in this Agreement shall preclude Delta from entering into code share, alliance or other commercial cooperation arrangements with any other airline or entering into similar or other arrangements with other carriers for the provisioning of regional airline services using CRJ200 CRJ900 aircraft or any other aircraft to or from the Hub Locations, the Service Cities or elsewhere. (d) Except as set forth in Section 2.14(a) and (b) above, nothing in this Agreement shall preclude Pinnacle or Mesaba an Operator from operating an aircraft for another carrier other than Delta or an Affiliate of Delta Delta, under the flight designator code of such other carrier carrier, into any Hub Location or preclude an Affiliate of Parent other than Pinnacle or Mesaba Operator from operating any aircraft for itself or a carrier other than Delta or an Affiliate of Delta to or from the Hub Locations, the Service Cities or elsewhere.

Exclusivity Arrangements. (a) During the Term, except as otherwise directed or approved in writing by Delta, in Delta’s sole discretion, neither Pinnacle and Mesaba, in aggregate, nor any Affiliate of Pinnacle shall not operate more than [***] departures per day under either of their own respective flight designator codes or the flight designator code of any carrier other than Delta or an Affiliate of Delta into or out of any Hub Location. (b) If, during the Term, Pinnacle or Mesaba operates a jet aircraft certificated in the United States with a Maximum Gross Take Off Weight greater than [***] pounds 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 Pinnacle or Mesaba, as applicable, 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) Nothing in this Agreement shall preclude Delta from entering into code share, alliance or other commercial cooperation arrangements with any other airline or entering into similar or other arrangements with other carriers for the provisioning of regional airline services using CRJ200 aircraft or any other aircraft to or from the Hub Locations, the Service Cities or elsewhere. (d) Except as set forth in Section 2.14(a) and (b) above, nothing in this Agreement shall preclude Pinnacle or Mesaba any Affiliate of Pinnacle from operating an aircraft for another carrier other than Delta or an Affiliate of Delta under the flight designator code of such other carrier into any Hub Location or preclude an Affiliate of Parent Pinnacle Corp. other than Pinnacle or Mesaba from operating any aircraft for itself or a carrier other than Delta or an Affiliate of Delta to or from the Hub Locations, the Service Cities or elsewhere.

Exclusivity Arrangements. (a) During the Term, except as otherwise directed or approved in writing by Delta, in Delta’s sole discretion, Pinnacle and Mesaba, in aggregate, shall not operate more than [***] departures per day under either of their its own flight designator codes code into or out of any Hub Location. (ba) If, during the Term, Pinnacle or Mesaba operates a jet aircraft certificated in the United States with a Maximum Gross Take Off Weight greater than [***] pounds 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 Pinnacle or Mesaba, as applicable, 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. (cb) Nothing in this Agreement shall preclude Delta from entering into code share, alliance or other commercial cooperation arrangements with any other airline or entering into similar or other arrangements with other carriers for the provisioning of regional airline services using CRJ200 CRJ900 aircraft or any other aircraft to or from the Hub Locations, the Service Cities or elsewhere. (dc) Except as set forth in Section 2.14(a) and (b) above, nothing in this Agreement shall preclude Pinnacle or Mesaba from operating an aircraft for another carrier other than Delta or an Affiliate of Delta Delta, under the flight designator code of such other carrier carrier, into any Hub Location or preclude an Affiliate of Parent other than Pinnacle or Mesaba from operating any aircraft for itself or a carrier other than Delta or an Affiliate of Delta to or from the Hub Locations, the Service Cities or elsewhere.