New Aircraft. Mesa will procure seven (7) additional CRJ-900 aircraft (the “New Aircraft”) and will operate such New Aircraft pursuant to the terms of the Code Share Agreement, as amended hereby. The New Aircraft shall be considered Aircraft for all intents and purposes of the Code Share Agreement, as applicable, except as may be expressly provided otherwise in this Fifteenth Amendment. Exhibit A to this Fifteenth Amendment lists the seven (7) New Aircraft that are the subject of this Fifteenth Amendment.
New Aircraft. (a) Except as provided in paragraph 3.2.2, the FAA and CAA-NL as importing authorities shall accept each other’s Export Certificates of Airworthiness on new aircraft, as identified in Section II, only when the exporting authority certifies that each aircraft:
(1) Conforms to a type design approved by the importing authority, as specified in the importing authority’s type certificate data sheet and any additional supplemental type certificates approved/accepted by the importing authority;
(2) Is in a condition for safe operation, including compliance with applicable importing authority Airworthiness Directives, as notified; and
(3) Meets all additional requirements prescribed by the importing authority, as notified.
(b) Each aircraft exported to the United States with CAA-NL airworthiness approval will have an CAA-NL Form Export-BvL (Certificate of Airworthiness for Export). The Form Export-BvL should contain the following statement: “The [INSERT AIRCRAFT MODEL] covered by this certificate conforms to the type design approved under U.S. Type Certificate Number [INSERT TYPE CERTIFICATE NUMBER and REVISION LEVEL], and is found to be in a condition for safe operation,” and/or any other ”import requirements” text as specified in the U.S. Type Certificate Data Sheet.
(c) Each aircraft exported to the Netherlands with FAA airworthiness approval will have an FAA Form 8130-4, Export Certificate of Airworthiness, issued in accordance with the requirements of 14 CFR Part 21, Subpart L. The FAA Form 8130-4 should contain a statement such as: “The [INSERT AIRCRAFT MODEL] covered by this certificate conforms to the type design approved under CAA-NL Type Certificate Number [INSERT TYPE CERTIFICATE NUMBER and REVISION LEVEL], and is found to be in a condition for safe operation,” and/or any other ”import requirements” text as specified in the CAA-NL Type Certificate Data Sheet.
New Aircraft. 5.2.1.1. An Exporting Party through its Competent Authority responsible for the implementation of this procedure shall issue an Export Certificate of Airworthiness, for a new aircraft, certifying that the aircraft:
(a) conforms to a type design approved by the Importing Party in accordance with this Procedure;
(b) is in a condition for safe operation, including compliance with the applicable airworthiness directives of the Importing Party, as notified by that Party;
(c) meets all additional requirements prescribed by the Importing Party, as notified by that Party.
New Aircraft. Without limiting any of United’s rights hereunder in respect of any Growth Aircraft, the parties may agree at any time and from time to time during the Term to amend Schedule 1 to increase the number of E175 Covered Aircraft as a result of United’s decision to award or induct new aircraft into the fleet (any such additional aircraft, the “New Aircraft”) utilized by Contractor for Regional Airline Services; provided that the following provisions shall apply, except as otherwise mutually agreed at the time of such addition of aircraft:
(a) the Parties shall mutually agree on in-service dates for such New Aircraft;
(b) The New Aircraft shall be of an aircraft type equivalent to the aircraft type set forth on Schedule 1 (or an acceptable substitute aircraft mutually agreed to by United and Contractor);
(c) United shall pay Contractor in respect of the New Aircraft the Compensation for Carrier Controlled Costs as set forth in Schedule 2A (Table 4); and
(d) if a New Aircraft is owned or leased by United, then prior to such aircraft entering Regional Airline Services on the Actual In-Service Date set forth in Schedule 1, Contractor shall sublease such aircraft from United pursuant to a sublease in the form of the United standard form of sublease; provided that the rent under such sublease shall be abated, except in the circumstances of such sublease where the rent is no longer abated, in which case such rent shall be payable as provided in such sublease.”
New Aircraft. The configuration of the Aircraft (set forth in Exhibit A-1 to the Purchase Agreement) for Aircraft to be delivered by Boeing to Customer [CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT]. P.A. No. 1980 SA-20 [CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT].
New Aircraft. [Reserved].
New Aircraft. (a) Except as provided in paragraph 3.2.2.4, the DGCA shall accept FAA Export Certificates of Airworthiness on new aircraft, as identified in Section II, only when the FAA certifies that each aircraft:
(1) Conforms to a U.S. type design and any additional STCs approved or accepted by the DGCA;
(2) Is in a condition for safe operation, including compliance with applicable U.S. and Indian Airworthiness Directives, as notified by the DGCA; and
(3) Meets all additional requirements prescribed by the DGCA, as notified by the DGCA.
(b) Each aircraft exported to India with FAA airworthiness approval will have an FAA Form 8130-4, Export Certificate of Airworthiness, issued in accordance with the requirements of 14 CFR part 21, subpart L.
New Aircraft. Should the Company announce its intent to place into revenue service aircraft other than aircraft for which rates are specified in this Agreement, the rates for that aircraft will be determined as follows:
1. The Company will give the Union notice of its intent to introduce the new equipment at least six (6) months prior to the estimated scheduled revenue service date, or within thirty (30) days after entering into the contract for procurement or lease of the new aircraft type, whichever is later in time.
2. The parties will meet within (15) days following written request by either party to negotiate rates of pay for such aircraft type. Should negotiations result in an agreement, the new aircraft type will be flown in accordance with the terms of the agreement. If negotiations do not result in an agreement within one hundred (100) days from the date of commencement of negotiations, either party may submit the dispute to final and binding interest arbitration.
3. The dispute shall be heard before an arbitrator selected in accordance with the procedures set forth in Article 18 (Resolution of Disputes).
4. The Hearing will be conducted as soon as possible but in no event more than three (3) months after arbitrator selection, unless mutually agreed otherwise. Briefing by the parties, if any, will be completed within thirty (30) days after the hearing date. The arbitrator shall issue a decision no later than sixty (60) days after the close of the hearing or of receipt of the parties brief, whichever is later.
5. Upon final agreement, or issuance of the arbitrators decision, as the case may be, retroactive compensation, if applicable, will be paid to all pilots who operate a disputed aircraft type placed in revenue service before the parties’ agreement became effective or the award issued.
6. Nothing set forth in this Article shall prevent the Company from introducing a new aircraft type into revenue service before agreement is reached over the rates applicable to that aircraft, as long as the pay rates assigned to such aircraft type are not less than the rates provided by this Article or the principal Agreement for aircraft with similar power plant (turboprop or jet) and seat range that either includes the number of seats in the new aircraft type or has a seat range not greater than the number seats in the disputed aircraft. If the aircraft is smaller (less seats) than any other aircraft for which pay scales have been established by this Agreement then, subject...
New Aircraft. (a) Except as provided in paragraph 3.2.1.5, the FAA shall accept CASA Export Certificates of Airworthiness on new aircraft, as identified in Section II, only when CASA certifies that each aircraft:
(1) Conforms to a type design approved by the FAA, as specified in the FAA’s Type Certificate Data Sheet, and any additional STCs approved by the FAA;
(2) Is in a condition for safe operation, including compliance with applicable FAA Airworthiness Directives, as notified; and
(3) Meets all additional requirements prescribed by the FAA, as notified.
(b) Each aircraft exported to the United States with CASA airworthiness approval shall be required to have appropriate documentation with a certifying statement issued in accordance with the requirements of CASR Part 21, Subpart L. (See Appendix C, Paragraph C4.2(c)).
New Aircraft. (Reference Section III Paragraph 3.2.1.0(b)). The appropriate documentation will contain the following statement: “The [INSERT AIRCRAFT MODEL] covered by this certificate conforms to the type design approved under United States Type Certificate Number [INSERT TYPE CERTIFICATE NUMBER AND TCDS REVISION LEVEL], and is found to be in a condition for safe operation,” and/or any other “import requirements” text as specified in the United States Type Certificate Data Sheet.
