Performance Related Markup Clause Samples

Performance Related Markup a. With respect to Scheduled Flights, for any calendar month in which the operating performance of applicable metrics for Contractor for Scheduled Flights in such calendar month exceeds the operating performance for which Continental is invoiced by Contractor for Scheduled Flights for such calendar month pursuant to Paragraph A(1)(l), then the reconciliation for such calendar month shall include a payment by Continental to Contractor in an amount equal to the product of (i) the difference between the actual Performance Related Markup for Scheduled Flights in such calendar month and the Performance Related Markup for which Continental is invoiced by Contractor for Scheduled Flights in such calendar month and (ii) the actual Carrier Controlled Costs for the applicable Covered Aircraft. b. With respect to Scheduled Flights, for any calendar month in which the operating performance of applicable metrics for which Continental is invoiced by Contractor for Scheduled Flights in such calendar month pursuant to Paragraph A(1)(l) exceeds the operating performance of Contractor for Scheduled Flights in such calendar month, then the reconciliation for such calendar month shall include a payment by Contractor to Continental in an amount equal to the product of (i) the difference between the actual Performance Related Markup for Scheduled Flights in such calendar month and the Performance Related Markup for which Continental is invoiced by Contractor for Scheduled Flights in such calendar month and (ii) the actual Carrier Controlled Costs for the applicable Covered Aircraft.