Common use of SAFETY AND MAINTENANCE Clause in Contracts

SAFETY AND MAINTENANCE. 10.1 Great Lakes has operational control of the aircraft and final authority and responsibility concerning the operation and safety of the aircraft and its passengers, including Codeshared Passengers. Great Lakes shall employ the same high standards of safety, security and loss prevention policies on the Codeshared Flights as on its own flights. The Parties agree that in case of a major accident or emergency involving a Codeshare Flight, Great Lakes shall immediately contact United, furnishing every possible information upon United’s request. Further emergency support shall be in accordance with procedures agreed between the Parties. At ZK: Systems Operations Control SITA: N/A Phone: 000-000-0000 – (Chief Dispatcher Desk) Fax: 000-000-0000 Email: xxxxxxxxxxxxx@xxxxxxxxxxxxx.xxx At CO: Systems Operations Coordination Center (SOCC): SITA: IICOOCO Phone: +0 000 000 0000 Fax: +0 000 000 0000 Email: xxxxxx@xxxxx.xxx At UA: Operations Control Center (OCC): SITA: OPBOPUA Phone: +0 000 000 0000 Fax: +0 000 000 0000 Email: occsysdir@united .com 10.2 Great Lakes shall have sole responsibility for the maintenance of its leased and owned aircraft, and for other equipment used in connection with the Codeshared Flights. Maintenance of such aircraft and equipment must, at a minimum, comply with the standards imposed by the relevant aeronautical authorities. 10.3 Each Party represents and warrants that each has or will have successfully undergone an IATA Operational Safety Audit (“IOSA”) at its own expense satisfactory to the other Party, and further represents and warrants that each shall maintain compliance with the requirements of such audit within the time frame required by IATA. 10.4 Each Party represents and warrants that it meets the minimum safety requirements mandated by any Competent Authority and shall maintain compliance with such requirements. Any failure to maintain compliance shall immediately be brought to the other Party’s attention along with corrective actions taken or a corrective action plan. 10.5 United shall have the right, at its own cost, to review and observe Great Lakes’ operations of Great Lakes Flights, and/or to conduct a reasonable safety and/or service review of the Great Lakes’ operations, manuals, and procedures reasonably related to the Codeshared Flights (the “United Reviews”), at such intervals as United shall reasonably request. United Reviews shall be coordinated with Great Lakes so as to avoid disruptions to Great Lakes’ operations. Such reviews will be limited to areas that reasonably relate to the Operating Carrier’s safety standards and service obligations under this Agreement. NOTWITHSTANDING THE FOREGOING, UNITED DOES NOT UNDERTAKE ANY RESPONSIBILITY OR ASSUME ANY LIABILITY FOR ANY ASPECT OF GREAT LAKES’ OPERATIONS, NOR SHALL GREAT LAKES BE ENTITLED TO ASSERT ANY RESPONSIBILITY OR ASSUMPTION OF LIABILITY ON THE PART OF THE UNITED FOR THE GREAT LAKES’ OPERATIONS.

Appears in 2 contracts

Samples: Codeshare Agreement, Codeshare Agreement (Great Lakes Aviation LTD)

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SAFETY AND MAINTENANCE. 10.1 Great Lakes has operational control of the aircraft and final authority and responsibility concerning the operation and safety of the aircraft and its passengers, including Codeshared Passengers. Great Lakes shall employ the same high standards of safety, security and loss prevention policies on the Codeshared Flights as on its own flights. The Parties agree that in case of a major accident or emergency involving a Codeshare Flight, Great Lakes shall immediately contact United, furnishing every possible information upon United’s request. Further emergency support shall be in accordance with procedures agreed between the Parties. At ZK: Systems Operations Control SITA: N/A Phone: 000-000-0000 – (Chief Dispatcher Desk) ** Fax: 000-000-0000 ** Email: xxxxxxxxxxxxx@xxxxxxxxxxxxx.xxx ** At CO: Systems Operations Coordination Center (SOCC): SITA: IICOOCO Phone: +0 000 000 0000 ** Fax: +0 000 000 0000 ** Email: xxxxxx@xxxxx.xxx ** At UA: Operations Control Center (OCC): SITA: OPBOPUA Phone: +0 000 000 0000 ** Fax: +0 000 000 0000 ** Email: occsysdir@united .com** 10.2 Great Lakes shall have sole responsibility for the maintenance of its leased and owned aircraft, and for other equipment used in connection with the Codeshared Flights. Maintenance of such aircraft and equipment must, at a minimum, comply with the standards imposed by the relevant aeronautical authorities. 10.3 Each Party represents and warrants that each has or will have successfully undergone an IATA Operational Safety Audit (“IOSA”) at its own expense satisfactory to the other Party, and further represents and warrants that each shall maintain compliance with the requirements of such audit within the time frame required by IATA. 10.4 Each Party represents and warrants that it meets the minimum safety requirements mandated by any Competent Authority and shall maintain compliance with such requirements. Any failure to maintain compliance shall immediately be brought to the other Party’s attention along with corrective actions taken or a corrective action plan. 10.5 United shall have the right, at its own cost, to review and observe Great Lakes’ operations of Great Lakes Flights, and/or to conduct a reasonable safety and/or service review of the Great Lakes’ operations, manuals, and procedures reasonably related to the Codeshared Flights (the “United Reviews”), at such intervals as United shall reasonably request. United Reviews shall be coordinated with Great Lakes so as to avoid disruptions to Great Lakes’ operations. Such reviews will be limited to areas that reasonably relate to the Operating Carrier’s safety standards and service obligations under this Agreement. NOTWITHSTANDING THE FOREGOING, UNITED DOES NOT UNDERTAKE ANY RESPONSIBILITY OR ASSUME ANY LIABILITY FOR ANY ASPECT OF GREAT LAKES’ OPERATIONS, NOR SHALL GREAT LAKES BE ENTITLED TO ASSERT ANY RESPONSIBILITY OR ASSUMPTION OF LIABILITY ON THE PART OF THE UNITED FOR THE GREAT LAKES’ OPERATIONS.

Appears in 2 contracts

Samples: Codeshare Agreement, Codeshare Agreement (Great Lakes Aviation LTD)

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