Common use of Mishandled Luggage Factor Clause in Contracts

Mishandled Luggage Factor. The number of incidents of mishandled luggage by Pinnacle shall not exceed [***] enplaned revenue passengers during any Performance Period. The number of incidences of mishandled luggage shall be determined by Northwest by dividing (i) the total number of Pinnacle-caused claims at Pinnacle Service Cities, Northwest Service Cities, Contracted Service Cities and the Hub Cities during the applicable Performance Period, by (ii) the total number of enplaned revenue passengers during such Performance Period as reported by Northwest. Notwithstanding the foregoing, the parties agree that incidents of mishandled luggage where (i) DTW is the responsible station, and (ii) such incidents are not due to Pinnacle’s actions, will not be included in the mishandled luggage factor unless and until Pinnacle performs luggage handling for its Scheduled Flights at DTW. In the event incidents of mishandled luggage at DTW are excluded from the mishandled luggage factor pursuant to the preceding sentence, the number of enplaned revenue passengers at DTW during the corresponding time period will also be excluded from the mishandled luggage factor, and no penalties will be applicable as to such passengers. The parties further agree that mishandled luggage at MSP will not be included in the mishandled luggage factor in the event Mesaba fails to perform luggage handling in accordance with the standards set forth in the handling agreement between Pinnacle and Mesaba and Northwest is unable to make sufficient space available at MSP to allow Pinnacle to perform luggage handling for its Scheduled Flights or make other mutually satisfactory luggage handling arrangements. In the event incidents of mishandled luggage at MSP are excluded from the mishandled luggage factor pursuant to the preceding sentence, the number of enplaned revenue passengers at MSP during the corresponding time period will also be excluded from the mishandled luggage factor, and no penalties will be applicable as to such passengers.

Mishandled Luggage Factor. The number of incidents of mishandled luggage by Pinnacle shall not exceed [****] enplaned revenue passengers during any Performance Period. The number of incidences of mishandled luggage shall be determined by Northwest by dividing (i) the total number of Pinnacle-Pinnacle caused claims at Pinnacle Primary Service Cities, Northwest Service Cities, Contracted Complementary Service Cities and the Hub Cities during the applicable Performance Period, by (ii) the total number of enplaned revenue passengers during such Performance Period as reported by Northwest. Notwithstanding the foregoing, the parties agree that incidents of mishandled luggage where (i) DTW is the responsible station, station and (ii) such incidents are not due to Pinnacle’s 's actions, those incidents will not be included in the mishandled luggage factor unless and until Pinnacle performs luggage handling for its Scheduled Flights at DTW. In the event incidents of mishandled luggage at DTW are excluded from the mishandled luggage factor pursuant to the preceding sentence, the number of enplaned revenue passengers at DTW during the corresponding time period will also be excluded from the mishandled luggage factor, and no penalties or incentives will be applicable as to such passengers. The parties further agree that mishandled luggage at MSP will not be included in the mishandled luggage factor in the event Mesaba fails to perform luggage handling in accordance with the standards set forth in the handling agreement between Pinnacle and Mesaba Pinnacle's requirements and Northwest is unable to make sufficient space available at MSP to allow Pinnacle to perform luggage handling for its Scheduled Flights or make other mutually satisfactory luggage handling arrangements. In the event incidents of mishandled luggage at MSP are excluded from the mishandled luggage factor pursuant to the preceding sentence, the number of enplaned revenue passengers at MSP during the corresponding time period will also be excluded from the mishandled luggage factor, and no penalties will be applicable as to such passengers.

Mishandled Luggage Factor. The number of incidents of mishandled luggage by Pinnacle shall not exceed [***] enplaned revenue passengers during any Performance Period. The number of incidences of mishandled luggage shall be determined by Northwest by dividing (i) the total number of Pinnacle-caused claims at Pinnacle Service Cities, Northwest Service Cities, Contracted Service Cities and the Hub Cities during the applicable Performance Period, by (ii) the total number of enplaned revenue passengers during such Performance Period as reported by Northwest. Notwithstanding the foregoing, the parties agree that incidents of mishandled luggage where (i) DTW is the responsible station, and (ii) such incidents are not due to Pinnacle’s actions, will not be included in the mishandled luggage factor unless and until Pinnacle performs luggage handling for its Scheduled Flights at DTW. In the event incidents of mishandled luggage at DTW are excluded from the mishandled luggage factor pursuant to the preceding sentence, the number of enplaned revenue passengers at DTW during the corresponding time period will also be excluded from the mishandled luggage factor, and no penalties or incentives will be applicable as to such passengers. The parties further agree that mishandled luggage at MSP will not be included in the mishandled luggage factor in the event Mesaba fails to perform luggage handling in accordance with the standards set forth in the handling agreement between Pinnacle and Mesaba Pinnacle’s requirements and Northwest is unable to make sufficient space available at MSP to allow Pinnacle to perform luggage handling for its Scheduled Flights or make other mutually satisfactory luggage handling arrangements. In the event incidents of mishandled luggage at MSP are excluded from the mishandled luggage factor pursuant to the preceding sentence, the number of enplaned revenue passengers at MSP during the corresponding time period will also be excluded from the mishandled luggage factor, and no penalties or incentives will be applicable as to such passengers.

Mishandled Luggage Factor. The number of incidents of mishandled luggage by Pinnacle shall not exceed twelve [***] enplaned revenue passengers during any Performance Period. The number of incidences of mishandled luggage shall be determined by Northwest by dividing (i) the total number of Pinnacle-caused claims at Pinnacle Service Cities, Northwest Service Cities, Contracted Service Cities and the Hub Cities during the applicable Performance Period, by (ii) the total number of enplaned revenue passengers during such Performance Period as reported by Northwest. Notwithstanding the foregoing, the parties agree that incidents of mishandled luggage where (i) DTW is the responsible station, and (ii) such incidents are not due to Pinnacle’s actions, will not be included in the mishandled luggage factor unless and until Pinnacle performs luggage handling for its Scheduled Flights at DTW. In the event incidents of mishandled luggage at DTW are excluded from the mishandled luggage factor pursuant to the preceding sentence, the number of enplaned revenue passengers at DTW during the corresponding time period will also be excluded from the mishandled luggage factor, and no penalties will be applicable as to such passengers. The parties further agree that mishandled luggage at MSP will not be included in the mishandled luggage factor in the event Mesaba fails to perform luggage handling in accordance with the standards set forth in the handling agreement between Pinnacle and Mesaba and Northwest is unable to make sufficient space available at MSP to allow Pinnacle to perform luggage handling for its Scheduled Flights or make other mutually satisfactory luggage handling arrangements. In the event incidents of mishandled luggage at MSP are excluded from the mishandled luggage factor pursuant to the preceding sentence, the number of enplaned revenue passengers at MSP during the corresponding time period will also be excluded from the mishandled luggage factor, and no penalties will be applicable as to such passengers.