No Reconciliation for Fines, Etc. Notwithstanding anything to the contrary contained in this Paragraph B, Continental shall not be required to make any reconciliation payment pursuant to this Paragraph B to the extent that such reconciliation payment is attributable to any costs, expenses or losses (including fines, penalties and any costs and expenses associated with any related investigation or defense) incurred by Contractor as a result of any violation by Contractor of any law, statute, judgment, decree, order, rule or regulation of any governmental or airport authority.
No Reconciliation for Fines, Etc. Notwithstanding anything to the contrary contained in this Paragraph B, Continental shall not be required to incur any cost or make any reconciliation payment pursuant to this Paragraph B to the extent that such cost or reconciliation payment is attributable to any costs, expenses or losses (including fines, penalties and any costs and expenses associated with any related investigation or defense) incurred by Contractor as a result of any violation by Contractor of any law, statute, judgment, decree, order, rule or regulation of any governmental or airport authority. Continental shall be liable for all any costs, expenses or losses (including fines, penalties and any costs and expenses associated with any related investigation or defense) incurred by Contractor as a result of any violation by Continental or its agents of any law, statute, judgment, decree, order, rule or regulation of any governmental or airport authority. ___________ Appendix 1 Base Compensation Rates Appendix 2 Controllable Completion Factor Incentives Appendix 3 Reconciliation Of Expenses Appendix 4 Incentive Bonuses/Rebates Appendix 5 Insurance Rates Appendix 6 [Intentionally Omitted] Appendix 7 Minimum Seats for Scheduled Flights $[*]separately for each Covered Aircraft for each month in the Term $[*]generally for each Covered Aircraft for each day in the Term $[*]for each actual block hour $[*]for each actual flight hour $[*]for each Scheduled Flight departure $[*]for each Scheduled Flight departure at a Contractor Airport $[*]for each day in the Term * This rate, calculated separately for each Covered Aircraft, shall be the “rent per month” set forth on Schedule 1 for such Covered Aircraft, calculated for months in which such aircraft enters or exits service hereunder as provided in Paragraph A(1)(a) of this Schedule 3. These Base Compensation Rates shall be adjusted pursuant to the terms of Section 3.02 of this Agreement. ___________ "Controllable Completion Factor Incentive Rate" shall be [*], as adjusted pursuant to Section 3.02 of this Agreement. Terminal Facility Rent at Contractor Airports Sched3.B.6(a)(i) Fixed [*] Property Taxes Sched3.B.6(a)(iii) Fixed [*] Passenger Liability, Hull and War Risk Insurance Sched3.B.6(a)(iv) Passengers [*] Landing Fees Sched3.B.6(a)(v) Departures [*] Glycol and De-icing at Contractor Airports Sched3.B.6(a)(vi) Fixed [*] Interrupted Trip and Baggage Handling at Contractor Airports Sched3.B.6(a)(vii) Fixed [*] Canadian and Mexican Air Navigation...
No Reconciliation for Fines, Etc. Notwithstanding anything to the contrary contained in this Paragraph B, Continental shall not be required to incur any cost or make any reconciliation payment pursuant to this Paragraph B to the extent that such cost or reconciliation payment is attributable to any costs, expenses or losses (including fines, penalties and any costs and expenses associated with any related investigation or defense) incurred by Contractor as a result of any violation by Contractor of any law, statute, judgment, decree, order, rule or regulation of any governmental or airport authority. Continental shall be liable for all any costs, expenses or losses (including fines, penalties and any costs and expenses associated with any related investigation or defense) incurred by Contractor as a result of any violation by Continental or its agents of any law, statute, judgment, decree, order, rule or regulation of any governmental or airport authority.
No Reconciliation for Fines, Etc. Notwithstanding anything to the contrary contained in this Paragraph B, Continental shall not be required to incur any cost or make any reconciliation payment pursuant to this Paragraph B to the extent that such cost or reconciliation payment is attributable to any costs, expenses or losses (including fines, penalties and any costs and expenses associated with any related investigation or defense) incurred by Contractor as a result of any violation by Contractor of any law, statute, judgment, decree, order, rule or regulation of any governmental or airport authority. Continental shall be liable for any costs, expenses or losses (including fines, penalties and any costs and expenses associated with any related investigation or defense) incurred by Contractor as a result of any violation by Continental or its agents of any law, statute, judgment, decree, order, rule or regulation of any governmental or airport authority. Appendix 1 Base Compensation Rates Appendix 2 Controllable Completion Factor Incentives and Rebates Appendix 3 Reconciliation of Expenses Appendix 4 Incentive Bonuses/Rebates Appendix 5 Insurance Rates Appendix 6 Low Block Hour Utilization Rates $*** For each block hour $*** For each Covered Aircraft for each month in the Term These Base Compensation Rates shall be adjusted to the extent provided pursuant to the terms of Section 3.02 of this Agreement.
No Reconciliation for Fines, Etc. Notwithstanding anything to the contrary contained in this Exhibit D or the Agreement, Mokulele shall not be required to incur any cost or make any reconciliation payment to Shuttle to the extent that such cost or reconciliation payment is attributable to any costs, expenses or losses (including fines, penalties and any costs and expenses associated with any related investigation or defense) incurred by Shuttle as a result of any violation by Shuttle of any law, statute, judgment, decree, order, rule or regulation of any governmental or airport authority, provided that, Mokulele shall be liable for all any costs, expenses or losses (including fines, penalties and any costs and expenses associated with any related investigation or defense) incurred by Shuttle as a result of any violation by Mokulele or its agents of any law, statute, judgment, decree, order, rule or regulation of any governmental or airport authority. *Confidential Appendix 1 Base Compensation Rates Appendix 2 Incentive Bonuses/Rebates Per AC per Month: (Rents) $ [*] [*] [*] Per AC per Month: $ [*] [*] [*] Per BH: $ [*] [*] [*] Per FH: $ [*] [*] [*] Per Departure: $ [*] [*] [*] Amounts expressed in January 2008 economics. *Confidential
No Reconciliation for Fines, Etc. Notwithstanding anything to the contrary contained in this Paragraph B, United shall not be required to incur any cost or make any reconciliation payment pursuant to this Paragraph B to the extent that such cost or reconciliation payment is attributable to any costs, expenses or losses (including fines, penalties and any costs and expenses associated with any related investigation or defense) incurred by Contractor as a result of any violation by Contractor of any law, statute, judgment, decree, order, rule or regulation of any governmental or airport authority; provided, however, that United shall incur or reconcile costs based on any violation by a third party that is attributed to Contractor as the air carrier, unless such third party is an employee, agent or contractor of Contractor that was not appointed or directed by United.
No Reconciliation for Fines, Etc. Notwithstanding anything to the contrary contained in this Exhibit D or the Agreement, Midwest shall not be required to incur any cost or make any reconciliation payment to RAI to the extent that such cost or reconciliation payment is attributable to any costs, expenses or losses (including fines, penalties and any costs and expenses associated with any related investigation or defense) incurred by RAI as a result of any violation by RAI of any law, statute, judgment, decree, order, rule or regulation of any governmental or airport authority, provided that, Midwest shall be liable for all any costs, expenses or losses (including fines, penalties and any costs and expenses associated with any related investigation or defense) incurred by RAI as a result of any violation by Midwest or its agents of any law, statute, judgment, decree, order, rule or regulation of any governmental or airport authority. Appendix 1 Base Compensation Rates Appendix 2 Incentive Bonuses/Rebates Costs and Rates applicable to training flights operated per Section 8.02(d)(ii). 1 Costs expressed in January 2008 economics * Confidential
No Reconciliation for Fines, Etc. Notwithstanding anything to the contrary contained in this Exhibit D or the Agreement, Frontier shall not be required to incur any cost or make any reconciliation payment to RAI to the extent that such cost or reconciliation payment is attributable to any costs, expenses or losses (including fines, penalties and any costs and expenses associated with any related investigation or defense) incurred by RAI as a result of any violation by RAI of any law, statute, judgment, decree, order, rule or regulation of any governmental or airport authority, provided that, Frontier shall be liable for all any costs, expenses or losses (including fines, penalties and any costs and expenses associated with any related investigation or defense) incurred by RAI as a result of any violation by Frontier or its agents of any law, statute, judgment, decree, order, rule or regulation of any governmental or airport authority. * Confidential Appendix 1 Base Compensation Rates Appendix 2 Incentive Bonuses/Rebates [* ] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] * Confidential
1. On Time Bonus/Rebate: The bonus or rebate/offset, as the case may be, for on-time performance shall be determined as follows: Beginning each month or partial month after the 12th Covered Aircraft is placed in service, the percentage of RAI’s Controllable arrivals within [* ] minutes will be measured using ACARS data for each completed Scheduled Flight as soon as practicable following the end of each calendar month of operation. A flight cancellation will not also be counted as a delayed flight. The Target Threshold is for [*]of all Scheduled Flights to arrive within [*] minutes of scheduled arrival. The Bonus Threshold is [*]. The Penalty Threshold is [*]and the Default Threshold is [*]. Should RAI fall below the Penalty Threshold for Controllable arrivals within [*] minutes, RAI shall pay Frontier a minimum penalty of [*] plus and an additional [*] per full percenta...
No Reconciliation for Fines, Etc. Notwithstanding anything to the contrary contained in this Exhibit D or the Agreement, Frontier shall not be required to incur any cost or make any reconciliation payment to RAI to the extent that such cost or reconciliation payment is attributable to any costs, expenses or losses (including fines, penalties and any costs and expenses associated with any related investigation or defense) incurred by RAI as a result of any violation by RAI of any law, statute, judgment, decree, order, rule or regulation of any governmental or airport authority, provided that, Frontier shall be liable for all any costs, expenses or losses (including fines, penalties and any costs and expenses associated with any related investigation or defense) incurred by RAI as a result of any violation by Frontier or its agents of any law, statute, judgment, decree, order, rule or regulation of any governmental or airport authority. *** Confidential Appendix 1 Base Compensation Rates Appendix 2 Incentive Bonuses/Rebates *** Confidential
1. On Time Bonus/Rebate: The bonus or rebate/offset, as the case may be, for on-time performance shall be determined as follows: Beginning each month or partial month after the 12th Covered Aircraft is placed in service, the percentage of RAI's Controllable arrivals within [***] minutes will be measured using ACARS data for each completed Scheduled Flight as soon as practicable following the end of each calendar month of operation. A flight cancellation will not also be counted as a delayed flight. The Target Threshold is for [***] of all Scheduled Flights to arrive within [***] minutes of scheduled arrival. The Bonus Threshold is [***]. The Penalty Threshold is [***] and the Default Threshold is [***]. Should RAI fall below the Penalty Threshold for Controllable arrivals within [***] minutes, RAI shall pay Frontier a minimum penalty of [***] plus and an additional [***] per full percentage point below the Penalty Threshold. Should RAI's Controllable arrivals within [***] minutes be between the Penalty Threshold and the Bonus Threshold, there shall be no payment due to or from either party. In the event that RAI meets or exceeds the Bonus Threshold for Controllable arrivals within [***] minutes, Frontier shall pay to RAI a minimum bonus payment of [***] plus an additional [***] per full percentage point above the Bonus Threshold.
No Reconciliation for Fines, Etc. Notwithstanding anything to the contrary contained in this Paragraph B, United shall not be required to incur any cost or make any reconciliation payment pursuant to this Paragraph B to the extent that such cost or reconciliation payment is attributable to any costs, expenses or losses (including fines, penalties and any costs and expenses associated with any related investigation or defense) incurred by Contractor as a result of any violation by Contractor of any law, statute, judgment, decree, order, rule or regulation of any governmental or airport authority. United shall be liable for any costs, expenses or losses (including fines, penalties and any costs and expenses associated with any related investigation or defense) incurred by Contractor as a result of any violation by United or its agents of any law, statute, judgment, decree, order, rule or regulation of any governmental or airport authority.
