Low Volume Common Use Fees. Notwithstanding the above Paragraph 8.03.4, a Signatory Airline that is a Low Volume Airline under Paragraph 8.03.5.2 shall pay a monthly Low Volume Common Use Fee in lieu of the payment of Common Use Charges, in each Rate Period, for each Airport, calculated as follows:
8.03.5.1 The Common Use requirement for such Rate Period, at such Airport, calculated in accordance with Paragraph 8.03.4 shall be divided by the actual Total Passengers at each Airport for the most recent twelve (12) months for which such activity reports are available. This amount shall be the Low Volume Common Use Fee per Passenger for each Airport.
8.03.5.2 For each Common Use Charges allocation period as set forth in Paragraph 8.03.4.3, a Low Volume Airline is a Signatory Airline (a) which operated at that Airport, and
Low Volume Common Use Fees. Notwithstanding the above Paragraph 8.03.5, a Signatory Airline that is a Low Volume Airline shall pay a monthly Low Volume Common Use Fee in lieu of the payment of Common Use Charges, in each Rate Period, for each Airport, calculated as follows:
(i) The Common Use requirement for such Rate Period, at such Airport, calculated in accordance with Paragraph
Low Volume Common Use Fees. Notwithstanding the above Paragraph 8.03.5, a Signatory Airline that is a Low Volume Airline shall pay a monthly Low Volume Common Use Fee in lieu of the payment of Common Use Charges, in each Rate Period, for each Airport, calculated as follows:
(i) The Common Use requirement for such Rate Period, at such Airport, calculated in accordance with Paragraph 8.03.5 shall be divided by the actual Total Passengers at each Airport for the most recent twelve (12) months for which such activity reports are available. This amount shall be the Low Volume Common Use Fee per Passenger for each Airport.
(ii) For each Common Use Charge allocation period as set forth in Paragraph 8.03.5(iii), a Low Volume Airline is a Signatory Airline (a) which operated at that Airport, (b) which operates under Part 135 of the FAA Regulations, and (c) which either reported an average monthly Enplaning Passenger activity level at that Airport less than or equal to one thousand (1,000) Enplaning Passengers per month during the preceding Common Use Charge allocation period, or, if a new Signatory Airline, is projected to generate a monthly average of less than one thousand (1,000) Enplaning Passengers at that Airport for the ensuing Common Use Charge allocation period.
(a) In the event that the monthly average Enplaning Passenger activity level of any Signatory Airline paying the Low Volume Common Use Fee becomes greater than one thousand (1,000) Enplaning Passengers at that Airport during the then-current Common Use Charge allocation period, such signatory Airline shall pay Common Use Charges as set forth in Paragraph 8.03.5 in the next ensuing Common Use allocation period.
(b) In the event that the monthly average Enplaning Passenger activity level of any Signatory Airline paying Common Use Charges pursuant to Paragraph 8.03.5 (and which operates under Part 135 of the FAA Regulations) becomes less than one thousand (1,000) Enplaning Passengers at that Airport during the then-current Common Use Charge allocation period, such Signatory Airline shall pay the Low Volume Common Use Fee in the next ensuing Common Use Charge allocation period. 8.03.7
