Common use of Improvements by the Airline Clause in Contracts

Improvements by the Airline. 10.09.1 The Airline may construct and install, consistent with the terms and provisions of this Agreement and at its sole expense, Airline Operating Facilities and improvements in its Exclusive, Preferential, and if any, Joint Use Premises as the Airline deems to be necessary for its operations; provided, however, that the plans and specifications, location, and construction schedule for such Airline Operating Facilities and improvements must be approved by the Authority in writing prior to the commencement of any and all such construction or installation. No reduction or abatement of rentals, fees, and charges due to the Authority hereunder shall be allowed for any interference by such construction with the Airline's operations hereunder. 10.09.2 Prior to the commencement of construction of any such Airline Operating Facilities and improvements, the Airline shall obtain or cause to be obtained a contract surety bond in a sum equal to the full amount of any construction contract. Said bond shall (i) be drawn in a form and from such company reasonably acceptable to the Authority; (ii) shall guarantee the faithful performance of necessary construction and completion of improvements in accordance with the Authority's approved final plans and detailed specifications; and, (iii) shall protect the Authority against any losses and liability, damages, expenses, claims, liens, and judgments caused by or resulting from the failure to perform completely the work described. The Airline shall further acquire, or cause to be acquired, a payment bond with any contractor or contractors of the Airline as principal, in a sum equal to the full amount of the construction contract awarded by the Airline for the improvements and shall require its contractor to acquire similar bond from its subcontractors. Said bond shall guarantee payment of all wages for labor and services engaged, and of all bills for materials, supplies and equipment used in the performance of said construction contract. The Airline shall assure that any work associated with such construction or installation shall not unreasonably interfere with the operation of the Airports, or otherwise unreasonably interfere with the permitted activities of other Airport tenants and users. The Airline shall within five (5) working days discharge any lien filed against its property or Premises by posting a bond or other adequate security. 10.09.3 The Airline shall require contractors to furnish satisfactory evidence of statutory worker's compensation insurance, comprehensive general liability insurance, comprehensive automobile insurance and physical damage insurance, on a builder's risk form with the interest of the Authority endorsed thereon, in such amounts and in such manner as the Authority may reasonably require. The Authority may require additional insurance for any alterations or improvements approved hereunder, in such limits as the Authority reasonably determines to be necessary. 10.09.4 Any construction or installation shall be at the sole risk of the Airline and shall be in accordance with all applicable state and local codes and laws and subject to inspection by the Authority. 10.09.5 Upon completion of approved construction, and within sixty (60) days of the Airline's receipt of a certificate of occupancy for the new construction, a complete set of as- built drawings shall be delivered to the Authority for the permanent record of the Authority. 10.09.6 All Airline Operating Facilities, except those financed by the Authority, shall be and remain the property of the Airline during the Period of this Agreement applicable to each Airport at which the Airline is conducting its Air Transportation Business. Upon termination or expiration of this Agreement, any Airline Operating Facilities and improvements which are permanently affixed to the Airline's Premises shall become the property of the Authority; provided, that in the event of a termination of this Agreement before the expiration of the Period of this Agreement applicable to the Airport at which such Airport Operating Facilities or improvements have been permanently affixed to the Airline’s Premises, the Airline shall be entitled to receive from the Authority, or the Authority shall cause the Airline to receive, payment for the unamortized value of Airline Operating Facilities and improvements that are approved by the Authority in accordance with Paragraph 10.09.1, installed after the Effective Date and permanently affixed to the Premises which are vacated by the Airline and not leased to the Airline in a subsequent Agreement or subsequently used by the Airline. For these purposes, facilities and improvements shall be amortized on the basis of generally accepted accounting principles over their useful life as agreed upon at the time the Authority approves the facilities and improvements under Paragraph 10.09.1

Improvements by the Airline. 10.09.1 The Airline may construct and install, consistent with the terms and provisions of this Agreement and at its sole expense, Airline Operating Facilities and improvements in its Exclusive, Preferential, and if any, Joint Use Premises as the Airline deems to be necessary for its operations; provided, however, that the plans and specifications, location, and construction schedule for such Airline Operating Facilities and improvements must be approved by the Authority in writing prior to the commencement of any and all such construction or installation. No reduction or abatement of rentals, fees, and charges due to the Authority hereunder shall be allowed for any interference by such construction with the Airline's operations hereunder. 10.09.2 Prior to the commencement of construction of any such Airline Operating Facilities and improvements, the Airline shall obtain or cause to be obtained a contract surety bond in a sum equal to the full amount of any construction contract. Said bond shall (i) be drawn in a form and from such company reasonably acceptable to the Authority; (ii) shall guarantee the faithful performance of necessary construction and completion of improvements in accordance with the Authority's approved final plans and detailed specifications; and, (iii) shall protect the Authority against any losses and liability, damages, expenses, claims, liens, and judgments caused by or resulting from the failure to perform completely the work described. The Airline shall further acquire, or cause to be acquired, a payment bond with any contractor or contractors of the Airline as principal, in a sum equal to the full amount of the construction contract awarded by the Airline for the improvements and shall require its contractor to acquire similar bond from its subcontractors. Said bond shall guarantee payment of all wages for labor and services engaged, and of all bills for materials, supplies and equipment used in the performance of said construction contract. The Airline shall assure that any work associated with such construction or installation shall not unreasonably interfere with the operation of the Airports, or otherwise unreasonably interfere with the permitted activities of other Airport tenants and users. The Airline shall within five (5) working days discharge any lien filed against its property or Premises by posting a bond or other adequate security. 10.09.3 The Airline shall require contractors to furnish satisfactory evidence of statutory worker's compensation insurance, insurance1 comprehensive general liability insurance, comprehensive automobile insurance and physical damage insurance, on a builder's risk form with the interest of the Authority endorsed thereonhereon, in such amounts and in such manner as the Authority may reasonably require. The Authority may require additional insurance for any alterations or improvements approved hereunder, in such limits as the Authority reasonably determines to be necessary. 10.09.4 Any construction or installation shall be at the sole risk of the Airline and shall be in accordance with all applicable state and local codes and laws and subject to inspection by the Authority. 10.09.5 Upon completion of approved construction, and within sixty (60) days of the Airline's receipt of a certificate of occupancy for the new construction, a complete set of as- as-built drawings shall be delivered to the Authority for the permanent record of the Authority. 10.09.6 All Airline Operating Facilities, except those financed by the Authority, shall be and remain the property of the Airline during the Period of this Agreement applicable to each Airport at which the Airline is conducting its Air Transportation Business. Upon termination or expiration of this Agreement, any Airline Operating Facilities and improvements which are permanently affixed to the Airline's Premises shall become the property of the Authority; provided, that in the event of a termination of this Agreement before the expiration of the Period of this Agreement applicable to the Airport at which such Airport Operating Facilities or improvements have been permanently affixed to the Airline’s Premises, the Airline shall be entitled to receive from the Authority, or the Authority shall cause the Airline to receive, payment for the unamortized value of Airline Operating Facilities and improvements that are approved by the Authority in accordance with Paragraph 10.09.1, installed after the Effective Date and permanently affixed to the Premises which are vacated by the Airline and not leased to the Airline in a subsequent Agreement or subsequently used by the Airline. For these purposes, facilities and improvements shall be amortized on the basis of generally accepted accounting principles over their useful life as agreed upon at the time the Authority approves the facilities and improvements under Paragraph 10.09.1

Improvements by the Airline. 10.09.1 The Airline may construct and install, consistent with the terms and provisions of this Agreement and at its sole expense, Airline Operating Facilities and improvements in its Exclusive, Preferential, and if any, Joint Use Premises as the Airline deems to be necessary for its operations; provided, however, that the plans and specifications, location, and construction schedule for such Airline Operating Facilities and improvements must be approved by the Authority in writing prior to the commencement of any and all such construction or installation. No reduction or abatement of rentals, fees, and charges due to the Authority hereunder shall be allowed for any interference by such construction with the Airline's operations hereunder. 10.09.2 Prior to the commencement of construction of any such Airline Operating Facilities and improvements, the Airline shall obtain or cause to be obtained a contract surety bond in a sum equal to the full amount of any construction contract. Said bond shall (i) be drawn in a form and from such company reasonably acceptable to the Authority; (ii) shall guarantee the faithful performance of necessary construction and completion of improvements in accordance with the Authority's approved final plans and detailed specifications; and, (iii) shall protect the Authority against any losses and liability, damages, expenses, claims, liens, and judgments caused by or resulting from the failure to perform completely the work described. The Airline shall further acquire, or cause to be acquired, a payment bond with any contractor or contractors of the Airline as principal, in a sum equal to the full amount of the construction contract awarded by the Airline for the improvements and shall require its contractor to acquire similar bond from its subcontractors. Said bond shall guarantee payment of all wages for labor and services engaged, and of all bills for materials, supplies and equipment used in the performance of said construction contract. The Airline shall assure that any work associated with such construction or installation shall not unreasonably interfere with the operation of the Airports, or otherwise unreasonably interfere with the permitted activities of other Airport tenants and users. The Airline shall within five (5) working days discharge any lien filed against its within 10.14 property or Premises by posting a bond or other adequate security. 10.09.3 The Airline shall require contractors to furnish satisfactory evidence of statutory worker's compensation insurance, comprehensive general liability insurance, comprehensive automobile insurance and physical damage insurance, on a builder's risk form with the interest of the Authority endorsed thereon, in such amounts and in such manner as the Authority may reasonably require. The Authority may require additional insurance for any alterations or improvements approved hereunder, in such limits as the Authority reasonably determines to be necessary. 10.09.4 Any construction or installation shall be at the sole risk of the Airline and shall be in accordance with all applicable state and local codes and laws and subject to inspection by the Authority. 10.09.5 Upon completion of approved construction, and within sixty (60) days of the Airline's receipt of a certificate of occupancy for the new construction, a complete set of as- built drawings shall be delivered to the Authority for the permanent record of the Authority. 10.09.6 All Airline Operating Facilities, except those financed by the Authority, shall be and remain the property of the Airline during the Period of this Agreement applicable to each Airport at which the Airline is conducting its Air Transportation Business. Upon termination or expiration of this Agreement, any Airline Operating Facilities and improvements which are permanently affixed to the Airline's Premises shall become the property of the Authority; provided, that in the event of a termination of this Agreement before the expiration of the Period of this Agreement applicable to the Airport at which such Airport Operating Facilities or improvements have been permanently affixed to the Airline’s Premises, the Airline shall be entitled to receive from the Authority, or the Authority shall cause the Airline to receive, payment for the unamortized value of Airline Operating Facilities and improvements that are approved by the Authority in accordance with Paragraph 10.09.1, installed after the Effective Date and permanently affixed to the Premises which are vacated by the Airline and not leased to the Airline in a subsequent Agreement or subsequently used by the Airline. For these purposes, facilities and improvements shall be amortized on the basis of generally accepted accounting principles over their useful life as agreed upon at the time the Authority approves the facilities and improvements under Paragraph 10.09.1

Improvements by the Airline. 10.09.1 The Airline may construct and install, consistent with the terms and provisions of this Agreement and at its sole expense, Airline Operating Facilities and improvements in its Exclusive, Preferential, and if any, Joint Use Premises as the Airline deems to be necessary for its operations; provided, however, that the plans and specifications, location, and construction schedule for such Airline Operating Facilities and improvements must be approved by the Authority in writing prior to the commencement of any and all such construction or installation. No reduction or abatement of rentals, fees, and charges due to the Authority hereunder shall be allowed for any interference by such construction with the Airline's operations hereunder. 10.09.2 Prior to the commencement of construction of any such Airline Operating Facilities and improvements, the Airline shall obtain or cause to be obtained a contract surety bond in a sum equal to the full amount of any construction contract. Said bond shall (i) be drawn in a form and from such company reasonably acceptable to the Authority; (ii) shall guarantee the faithful performance of necessary construction and completion of improvements in accordance with the Authority's approved final plans and detailed specifications; and, (iii) shall protect the Authority against any losses and liability, damages, expenses, claims, liens, and judgments caused by or resulting from the failure to perform completely the work described. The Airline shall further acquire, or cause to be acquired, a payment bond with any contractor or contractors of the Airline as principal, in a sum equal to the full amount of the construction contract awarded by the Airline for the improvements and shall require its contractor to acquire similar bond from its subcontractors. Said bond shall guarantee payment of all wages for labor and services engaged, and of all bills for materials, supplies and equipment used in the performance of said construction contract. The Airline shall assure that any work associated with such construction or installation shall not unreasonably interfere with the operation of the Airports, or otherwise unreasonably interfere with the permitted activities of other Airport tenants and users. The Airline shall within five (5) working days discharge any lien filed against its property or Premises by posting a bond or other adequate security. 10.09.3 The Airline shall require contractors to furnish satisfactory evidence of statutory worker's compensation insurance, comprehensive general liability insurance, comprehensive automobile insurance and physical damage insurance, on a builder's risk form with the interest of the Authority endorsed thereonhereon, in such amounts and in such manner as the Authority may reasonably require. The Authority may require additional insurance for any alterations or improvements approved hereunder, in such limits as the Authority reasonably determines to be necessary. 10.09.4 Any construction or installation shall be at the sole risk of the Airline and shall be in accordance with all applicable state and local codes and laws and subject to inspection by the Authority. 10.09.5 Upon completion of approved construction, and within sixty (60) days of the Airline's receipt of a certificate of occupancy for the new construction, a complete set of as- as-built drawings shall be delivered to the Authority for the permanent record of the Authority. 10.09.6 All Airline Operating Facilities, except those financed by the Authority, shall be and remain the property of the Airline during the Period of this Agreement applicable to each Airport at which the Airline is conducting its Air Transportation BusinessAgreement. Upon termination or expiration of this Agreement, any Airline Operating Facilities and improvements which are permanently affixed to the Airline's Premises shall become the property of the Authority; provided. Provided, that in the event of a termination of this Agreement before the expiration of the twenty-five (25) year Period of this Agreement applicable to the Airport at which such Airport Operating Facilities or improvements have been permanently affixed to the Airline’s Premisesin accordance with Section 2.02, the Airline shall be entitled to receive from the Authority, or the Authority shall cause the Airline to receive, payment for the unamortized value of approved installation of Airline Operating Facilities and improvements that are approved by the Authority in accordance with Paragraph 10.09.1, installed after the Effective Date and permanently affixed to the Premises which are vacated by the Airline and not leased to the Airline in a subsequent Agreement or subsequently used by the Airline. For these purposes, facilities and improvements shall be amortized on the basis of generally accepted accounting principles over their useful life as agreed upon at the time the Authority approves the facilities and improvements under improvement in accordance with Paragraph 10.09.110.08.1