Common use of Induction and Reconfiguration Schedule Clause in Contracts

Induction and Reconfiguration Schedule. The New Aircraft shall be delivered, painted, redecorated, have adequate pilot and crew staffing and otherwise be ready to operate in the US Airways network and/or American system in accordance with the Induction Schedule set forth below. Additionally, the New Aircraft will be reconfigured in accordance with the Reconfiguration Schedule to be established pursuant to Section 3 of this Fifteenth Amendment. In the event that a New Aircraft will not be ready to operate in the US Airways network and/or US Airways - Mesa 15th Amendment Final2 (2) 3 American system on the date required by the Induction Schedule or Reconfiguration Schedule, respectively, Mesa shall immediately notify US Airways by telephone and in writing by confirmed email (“Late Delivery Notice”). New Aircraft that are not ready to operate in the US Airways network and/or American system on the date required by the Induction Schedule or Reconfiguration Schedule, as applicable, shall be subject to the following late-delivery charges (the “Late Delivery Charges”), that will accrue until the respective New Aircraft is inducted into or returns to the operation, as applicable: $[***] per New Aircraft per calendar day such New Aircraft is delivered after the respective date stated in the Induction Schedule or Reconfiguration Schedule, as applicable, for such New Aircraft (each a “Delay Day”), if the Late Delivery Notice is given to US Airways more than forty five (45) days prior to the applicable Induction Date or Reconfiguration Date, $[***] per New Aircraft per Delay Day if the Late Delivery Notice is given between forty five (45) days and fourteen (14) days prior to the applicable Induction Date or Reconfiguration Date, and $[***] per Delay Day if the Late Delivery Notice is given less than fourteen (14) days prior to the applicable Induction Date or Reconfiguration Date. US Airways will provide an invoice for such Late Delivery Charges to Mesa detailing the applicable Late Delivery Charges for each delayed New Aircraft and will offset such Late Delivery Charges against a future invoice from Mesa; provided that, in the event that Mesa incurs Late Delivery Charges in connection with any New Aircraft delivery as provided herein and US Airways, at its option decides to collect such Late Delivery Charges, US Airways shall adjust the schedule accordingly such that Mesa’s Spare Aircraft will not be scheduled by US Airways to cover the delayed New Aircraft. In lieu of collecting the Late Delivery Charges as provided in the previous sentence, US Airways may decide, at its option, to not adjust the schedule and require Mesa to operate its Spare Aircraft to cover the delayed New Aircraft, provided that in such event US Airways shall not collect Late Delivery Charges for such delayed New Aircraft. For clarification purposes only, US Airways will have the option as provided in the previous sentences for each delayed New Aircraft, if any. With respect to the Induction Schedule, after three hundred sixty five (365) cumulative Delay Days of delay, US Airways may, at its option, elect to cancel the induction of the New Aircraft subject to the delay. Such Late Delivery Charges shall constitute liquidated damages and not a penalty, and each party agrees that such liquidated damages are a reasonable approximation of the actual damages but that the amount of actual damages that would result from late delivery (whether for initial induction or from reconfiguration) of the New Aircraft is difficult or impossible to calculate.

Induction and Reconfiguration Schedule. The New Aircraft shall be delivered, painted, redecorated, have adequate pilot and crew staffing and otherwise be ready to operate in the US Airways network and/or the American system system, as provided in Section 1 above, in accordance with the Induction Schedule set forth below. Additionally, the New Aircraft will be reconfigured in accordance with the Reconfiguration Schedule to be established pursuant to Section 3 of this Fifteenth Fourteenth Amendment, as provided above. In the event that a New Aircraft will not be ready to operate in the US Airways network and/or US Airways - Mesa 15th Amendment Final2 (2) 3 the American system system, as provided in Section 1 above, on the date required by the Induction Schedule or Reconfiguration Schedule, respectively, Mesa shall immediately notify US Airways by telephone and in writing by confirmed email (“Late Delivery Notice”). New Aircraft that are not ready to operate in the US Airways network and/or the American system system, as provided in Section 1 above, on the date required by the Induction Schedule or Reconfiguration Schedule, as applicable, shall be subject to the following late-delivery charges (the “Late Delivery Charges”), that will accrue until the respective such New Aircraft is inducted into or returns to the operation, as applicableare inducted: $[***] per New Aircraft per calendar day such New Aircraft is delivered after the respective date stated stated-in the Induction Schedule or Reconfiguration Schedule, as applicable, for such New Aircraft (each a “Delay Day”), if the Late Delivery Notice is given US Airways Confidential 3 to US Airways more than forty five (45) 45 days prior to the applicable Induction Date or Reconfiguration Date, $[***] per New Aircraft per Delay Day if the Late Delivery Notice is given between forty five (45) 45 days and fourteen (14) 14 days prior to the applicable Induction Date or Reconfiguration Date, and $[***] per Delay Day if the Late Delivery Notice is given less than fourteen (14) 14 days prior to the applicable Induction Date or Reconfiguration Date. US Airways will provide an invoice for Mesa shall pay such Late Delivery Charges to Mesa US Airways within 30 days after receipt of an invoice from US Airways detailing the applicable Late Delivery Charges for each delayed New Aircraft and will offset such Late Delivery Charges against a future invoice from Mesa; provided that, in the event that Mesa incurs Late Delivery Charges in connection with any New Aircraft delivery as provided herein and US Airways, at its option decides to collect such Late Delivery Charges, US Airways shall adjust the schedule accordingly such that Mesa’s Spare Aircraft will not be scheduled by US Airways to cover the delayed New Aircraft. In lieu of collecting the Late Delivery Charges as provided in the previous sentence, US Airways may decide, at its option, to not adjust the schedule and require Mesa to operate its Spare Aircraft to cover the delayed New Aircraft, provided that in such event US Airways shall not collect Late Delivery Charges for such delayed New Aircraft. For clarification purposes only, US Airways will have the option as provided in the previous sentences for each delayed New Aircraft, if any. With respect to the Induction Schedule, after three hundred sixty five (365) 365 cumulative Delay Days of delayDays, US Airways may, at its option, elect to cancel the induction of the New Aircraft subject to the delay. Such Late Delivery Charges shall constitute liquidated damages and not a penalty, and each party agrees that such liquidated damages are a reasonable approximation of the actual damages damages, but that the amount of actual damages that would result from late delivery (whether for initial induction or from reconfiguration) of the New Aircraft is difficult or impossible to calculate.