Common use of Priorities for Accommodation Clause in Contracts

Priorities for Accommodation. If the Port receives a request for access to space in the Terminal (other than Gates, which are subject to the provisions of Article 4 of this Agreement) from any Air Carrier seeking to commence or expand Scheduled Operations at the Airport (“Requesting Airline”), the Port shall, whenever possible, accommodate such a request by providing access to existing common use space under the Port’s control. If such common use space is unavailable or inadequate to meet the reasonable requirements of the Requesting Airline, as determined by the Port, the Port shall encourage Signatory Airlines voluntarily to accommodate the Requesting Airline, by subletting or otherwise making available for use by the Requesting Airline space within the Terminal that is subject to their exclusive or preferential use. The Port will notify the Chair of the AAAC in writing when the Port has determined that a Requesting Airline cannot be accommodated in common use space, and the Signatory Airlines will have fifteen (15) calendar days from the receipt of such notice by the Chair of the AAAC to voluntarily agree to accommodate the Requesting Airline. Any such agreements to accommodate a Requesting Airline must be in writing and are subject to approval by the Port under Article 18 of this Agreement. If a Requesting Airline is unable to meet its reasonable requirements, as determined by the Port, by using common use space made available by the Port or by using space voluntarily made available by Signatory Airlines, the Port shall have the right, upon fifteen (15) calendar days notice to Airline, to require Airline to accommodate the Requesting Airline in space designated by the Port by allowing the Requesting Airline to use Airline’s Preferential Use Premises, subject to Section 5.4, below; provided, however, that if the Requesting Airline is a Signatory Airline, the Requesting Airline must show, to the Port’s satisfaction, that it cannot reasonably accommodate its own expanded service within the Terminal space already subject to its exclusive or preferential use. If the Port is unable to meet the reasonable requirements of the Requesting Airline, as determined by the Port, after requiring the Signatory Airlines, including Airline, to accommodate the Requesting Airline in their preferential use space, the Port shall consider whether the reasonable requirements of the Requesting Airline could be met in a reasonable, cost-effective way by constructing temporary or permanent new facilities. Only if all of these measures are inadequate to meet the reasonable requirements of the Requesting Airline, as determined by the Port, may the Port exercise its right to consolidate Airline’s operations under Section 5.6, below.

Priorities for Accommodation. ‌ If the Port receives a request for access to space in the Terminal (other than Gates, which are subject to the provisions of Article 4 of this Agreement) from any Air Carrier seeking to commence or expand Scheduled Operations at the Airport (“Requesting Airline”), the Port shall, whenever possible, accommodate such a request by providing access to existing common use space under the Port’s control. If such common use space is unavailable or inadequate to meet the reasonable requirements of the Requesting Airline, as determined by the Port, the Port shall encourage Signatory Airlines voluntarily to accommodate the Requesting Airline, by subletting or otherwise making available for use by the Requesting Airline space within the Terminal that is subject to their exclusive or preferential use. The Port will notify the Chair of the AAAC in writing when the Port has determined that a Requesting Airline cannot be accommodated in common use space, and the Signatory Airlines will have fifteen (15) calendar days from the receipt of such notice by the Chair of the AAAC to voluntarily agree to accommodate the Requesting Airline. Any such agreements to accommodate a Requesting Airline must be in writing and are subject to approval by the Port under Article 18 of this Agreement. If a Requesting Airline is unable to meet its reasonable requirements, as determined by the Port, by using common use space made available by the Port or by using space voluntarily made available by Signatory Airlines, the Port shall have the right, upon fifteen (15) calendar days notice to Airline, to require Airline to accommodate the Requesting Airline in space designated by the Port by allowing the Requesting Airline to use Airline’s Preferential Use Premises, subject to Section 5.4, below; provided, however, that if the Requesting Airline is a Signatory Airline, the Requesting Airline must show, to the Port’s satisfaction, that it cannot reasonably accommodate its own expanded service within the Terminal space already subject to its exclusive or preferential use. If the Port is unable to meet the reasonable requirements of the Requesting Airline, as determined by the Port, after requiring the Signatory Airlines, including Airline, to accommodate the Requesting Airline in their preferential use space, the Port shall consider whether the reasonable requirements of the Requesting Airline could be met in a reasonable, cost-effective way by constructing temporary or permanent new facilities. Only if all of these measures are inadequate to meet the reasonable requirements of the Requesting Airline, as determined by the Port, may the Port exercise its right to consolidate Airline’s operations under Section 5.6, below.