Common use of Port Scheduling Rights at Preferential Use Gates Clause in Contracts

Port Scheduling Rights at Preferential Use Gates. 4.5.1 The Port shall have the right, upon reasonable notice to Airline, to schedule at a Preferential Use Gate arrivals and departures by a Requesting Airline at all periods of time other than Airline’s Periods of Use of that Preferential Use Gate. In accommodating the Port in its right to schedule such operations, Airline shall allow and provide for use of its facilities or equipment (not including ground service equipment) at the Preferential Use Gate, or permit use of Port equipment and podiums, as may be required for the efficient use of the Preferential Use Gate by a Requesting Airline. 4.5.2 The Port shall have the right, upon reasonable notice to Airline, when no International Gate is available to schedule at Airline’s Preferential Use International Gate arrivals by a Requesting Airline that require use of an International Gate even if it would displace Airline’s Scheduled Operation that does not require use of such International Gate for arrival. In accommodating the Port in its right to schedule such operations, Airline shall allow and provide for use of its facilities or equipment (not including ground service equipment) at the Preferential Use International Gate, or permit use of Port equipment and podiums, as may be required for the efficient use of the Preferential Use International Gate by a Requesting Airline, subject to Section 4.6. 4.5.3 In the event that the Port cannot accommodate a Requesting Carrier at a Common Use Gate due to aircraft size and the Gate Ramp for a Scheduled Operation at a Preferential Use Gate can accommodate an aircraft larger than that used in the Scheduled Operation, the Port shall have the right, upon reasonable notice to Airline, to schedule at a Preferential Use Gate arrivals and departures by a Requesting Airline with a large size aircraft even if it would displace another Scheduled Operation. In accommodating the Port in its right to schedule such operations, Airline shall allow and provide for use of its facilities or equipment (not including ground service equipment) at the Preferential Use Gate, or permit use of Port equipment and podiums, as may be required for the efficient use of the Preferential Use Gate by a Requesting Airline, subject to Section 4.6. 4.5.4 The Port shall, consistent with the priorities set forth in Exhibit D, attempt to accommodate Requesting Airlines at Common Use Gates before scheduling Requesting Airline arrivals and departures at any Preferential Use Gates. 4.5.5 If, in the exercise of its rights under subsection 4.5.2 and 4.5.3, the Port is unable to accommodate Airline’s displaced Scheduled Operation at one of Airline’s Preferential Use Gates, the Port shall accommodate Airline’s displaced Scheduled Operation at a Common Use Gate without levying the Common Use Gate charge required under subsection 8.5.

Port Scheduling Rights at Preferential Use Gates. ‌ 4.5.1 The Port shall have the right, upon reasonable notice to Airline, to schedule at a Preferential Use Gate arrivals and departures by a Requesting Airline at all periods of time other than Airline’s Periods of Use of that Preferential Use Gate. In accommodating the Port in its right to schedule such operations, Airline shall allow and provide for use of its facilities or equipment (not including ground service equipment) at the Preferential Use Gate, or permit use of Port equipment and podiums, as may be required for the efficient use of the Preferential Use Gate by a Requesting Airline. 4.5.2 The Port shall have the right, upon reasonable notice to Airline, when no International Gate is available to schedule at Airline’s Preferential Use International Gate arrivals by a Requesting Airline that require use of an International Gate even if it would displace Airline’s Scheduled Operation that does not require use of such International Gate for arrival. In accommodating the Port in its right to schedule such operations, Airline shall allow and provide for use of its facilities or equipment (not including ground service equipment) at the Preferential Use International Gate, or permit use of Port equipment and podiums, as may be required for the efficient use of the Preferential Use International Gate by a Requesting Airline, subject to Section 4.6.. Airline’s displaced Scheduled Operation shall be accommodated in accordance with Exhibit D. 4.5.3 In the event that the Port cannot accommodate a Requesting Carrier at a Common Use Gate due to aircraft size and the Gate Ramp for a Scheduled Operation at a Preferential Use Gate can accommodate an aircraft larger than that used in the Scheduled Operation, the Port shall have the right, upon reasonable notice to Airline, to schedule at a Preferential Use Gate arrivals and departures by a Requesting Airline with a large size aircraft even if it would displace another Scheduled Operation. In accommodating the Port in its right to schedule such operations, Airline shall allow and provide for use of its facilities or equipment (not including ground service equipment) at the Preferential Use Gate, or permit use of Port equipment and podiums, as may be required for the efficient use of the Preferential Use Gate by a Requesting Airline, subject to Section 4.6.. Airline’s displaced Scheduled Operation shall be accommodated in accordance with Exhibit D. 4.5.4 The Port shall, consistent with the priorities set forth in Exhibit D, attempt to accommodate Requesting Airlines at Common Use Gates before scheduling Requesting Airline arrivals and departures at any Preferential Use Gates. 4.5.5 If, in the exercise of its rights under subsection 4.5.2 and 4.5.3, the Port is unable to accommodate Airline’s displaced Scheduled Operation at one of Airline’s Preferential Use Gates, the Port shall accommodate Airline’s displaced Scheduled Operation at in accordance with Exhibit D without levying a charge. The Port shall consider Airline’s preference for a specific Common Use Gate without levying prior to accommodating Airline’s displaced Scheduled Operation under this subsection 4.5.5. 4.5.6 Notwithstanding the Common foregoing and any other provision of this Article 4, the Port shall have the right, upon reasonable notice to Airline, to schedule at a Preferential Use Gate charge required under subsection 8.5arrivals and departures by a Requesting Airline during Airline’s Periods of Use of that Preferential Use Gate, if Airline is not utilizing that Preferential Gate during the Period of Use for a Scheduled Operation.