Scheduled Service Update. Contractor will provide accurate updates of its flights' planned and actual departure and arrival times (including updates of irregularities) in Apollo Services as soon as the planned flight schedule is changed and the flight departs and arrives or suffers an irregularity. Specifically, this includes updating the out, off, on and in times for the aircraft within * minutes of the occurrence of each event. In the event of flight delays, cancellations or other schedule irregularities affecting Contractor's United Express Service flights, and as soon as information concerning such irregularities is available, ----------------------------- *Confidential Treatment Requested Contractor shall update Apollo Services to reflect such information and, when requested by United, notify the designated United organization. For delayed flights, Contractor shall provide updates to Customers and Apollo in no less than * minute intervals. For purposes of this Agreement, such scheduled and actual departure and arrival and irregularity information shall be known as "FLIFO." United will notify Contractor in writing as soon as practicable after United determines that Contractor has failed to update FLIFO in a timely and accurate manner. If Contractor fails * times in any consecutive * period (the "FLIFO THRESHOLD") to update FLIFO in a timely and accurate manner as soon as it becomes evident to Contractor that a schedule deviation shall take place, then upon notification by United to Contractor, Contractor shall pay United damages of * for each occurrence over and above the first * occurrences during such *. United agrees to xxxx Contractor any amount owed under this Section within * after the end of each calendar * period during which Contractor has exceeded the FLIFO Threshold. Such damages shall be United's exclusive remedy for Contractor's non-compliance with this paragraph and may be collected by setoffs against other amounts owed by United to Contractor hereunder.
Appears in 2 contracts
Samples: Entire Agreement (Mesa Air Group Inc), Entire Agreement (Mesa Air Group Inc)
Scheduled Service Update. Contractor will provide accurate updates of its flights' ’ planned and actual departure and arrival times (including updates of irregularities) in Apollo Services as soon as the planned flight schedule is changed and the flight departs and arrives or suffers experiences an irregularity. Specifically, this includes updating the out, off, on and in times for the aircraft within * fifteen (15) minutes of the occurrence of each event. In the event of flight delays, cancellations or other schedule irregularities affecting Contractor's ’s United Express Service flights, and as soon as information concerning such irregularities is available, ----------------------------- *Confidential Treatment Requested Contractor shall update Apollo Services to reflect such information and, when requested by United, notify the designated United organization. For delayed flights, Contractor shall provide updates to Customers and Apollo in no less than * fifteen-minute (15-minute) intervals. For purposes of this Agreement, such scheduled and actual departure and arrival and irregularity information shall be known as "“FLIFO." ” United will notify Contractor in writing as soon as practicable after United determines that Contractor has failed to update FLIFO in a timely and accurate manner. If Contractor fails **** (****) times in any consecutive * thirty (30) day period (the "“FLIFO THRESHOLD"Threshold”) to update FLIFO in a timely and accurate manner as soon as it becomes evident to Contractor that a schedule deviation shall take place, then upon notification by United to Contractor, Contractor shall pay United damages of **** ($****) for each occurrence over and above the first **** (****) occurrences during such *thirty (30) day period regardless of who ground handles Contractor’s United Express flights. United agrees to xxxx Contractor any amount owed under this Section within * ninety (90) days after the end of each calendar * ninety (90) day period during which Contractor has exceeded the FLIFO Threshold. Such damages shall be United's ’s exclusive remedy for Contractor's ’s non-compliance with this paragraph and may be collected by setoffs against other amounts owed by United to Contractor hereunder.
Appears in 2 contracts
Samples: United Express® Agreement, United Expressò Agreement (Expressjet Holdings Inc)
Scheduled Service Update. Following the departure of a Contractor’s United Express flight the Contractor will provide accurate updates of its flights' ’ planned and actual departure and arrival times (including updates of irregularities) in Apollo Services as soon as the planned flight schedule is changed and the flight departs and arrives or suffers an irregularity. Specifically, this includes updating via ACARS or if ACARS is malfunctioning via a mutually agreed upon manual process the out, off, on and in times for the aircraft within * [*] minutes of the occurrence of each event. In the event of a Contractor’s controllable flight delays, cancellations or other schedule irregularities affecting Contractor's ’s United Express Service flights, and as soon as information concerning such irregularities is available, ----------------------------- *Confidential Treatment Requested Contractor shall update Apollo Services to reflect such information and, when requested by United, notify the designated United organization. For On board delayed flights, Contractor shall provide updates to Customers and Apollo in no less than * [*] minute intervals. For purposes of this Agreement, such scheduled and actual departure and arrival and irregularity information shall be known as "“FLIFO." ” United will notify Contractor in writing as soon as practicable after United determines that Contractor has failed to update FLIFO in a timely and accurate manner. If Contractor fails * [*] times in any consecutive * [*] period (the "“FLIFO THRESHOLD"Threshold”) to update FLIFO in a timely and accurate manner as soon as it becomes evident to Contractor that a schedule deviation shall take place, then upon notification by United to Contractor, Contractor shall pay United damages of * [*] for each occurrence over and above the first * [*] occurrences during such [*. ] period United agrees to xxxx bxxx Contractor any amount owed under this Section within * [*] after the end of each calendar * [*] period during which Contractor has exceeded the FLIFO Threshold. Such damages shall be United's ’s exclusive remedy for Contractor's ’s non-compliance with this paragraph and may be collected by setoffs against other amounts owed by United to Contractor hereunder. Contractor shall not be responsible for any costs or failure by the Ground Handlers to update FLIFO information.
Appears in 1 contract
Samples: United Expressò Agreement (Republic Airways Holdings Inc)
Scheduled Service Update. Following the departure of a Contractor’s United Express flight the Contractor will provide accurate updates of its flights' ’ planned and actual departure and arrival times (including updates of irregularities) in Apollo Services as soon as the planned flight schedule is changed and the flight departs and arrives or suffers an irregularity. Specifically, this includes updating via ACARS or if ACARS is malfunctioning via a mutually agreed upon manual process the out, off, on and in times for the aircraft within * [*] minutes of the occurrence of each event. In the event of a Contractor’s controllable flight delays, cancellations or other schedule irregularities affecting Contractor's ’s United Express Service flights, and as soon as information concerning such irregularities is available, ----------------------------- *Confidential Treatment Requested Contractor shall update Apollo Services to reflect such information and, when requested by United, notify the designated United organization. For On board delayed flights, Contractor shall provide updates to Customers and Apollo in no less than * [*] minute intervals. For purposes of this Agreement, such scheduled and actual departure and arrival and irregularity information shall be known as "“FLIFO." ” United will notify Contractor in writing as soon as practicable after United determines that Contractor has failed to update FLIFO in a timely and accurate manner. If Contractor fails * [*] times in any consecutive * [*] period (the "“FLIFO THRESHOLD"Threshold”) to update FLIFO in a timely and accurate manner as soon as it becomes evident to Contractor that a schedule deviation shall take place, then upon notification by United to Contractor, Contractor shall pay United damages of * [*] for each occurrence over and above the first * [*] occurrences during such [*. ] period United agrees to xxxx Contractor any amount owed under this Section within * [*] after the end of each calendar * [*] period during which Contractor has exceeded the FLIFO Threshold. Such damages shall be United's ’s exclusive remedy for Contractor's ’s non-compliance with this paragraph and may be collected by setoffs against other amounts owed by United to Contractor hereunder. Contractor shall not be responsible for any costs or failure by the Ground Handlers to update FLIFO information. 2. Denied Boarding (Payload Range Restrictions). Contractor is required to provide to United, upon specific written request from United, specific station best estimates regarding the weight restrictions and aircraft limitations, which could reasonably be expected to routinely result in denied boardings. Such requests shall be made by United’s Revenue Management Department (WHQIM) and responses from Contractor shall be provided within two (2) weeks of such request. In the event Contractor fails to respond to such requests or such responses are materially inaccurate, United reserves the right to xxxx Contractor, and Contractor shall reimburse United, for denied boarding expenses resulting from weight restrictions relating to such failure to respond or materially inaccurate response. 3. No Flight Dispatch Duty. Contractor will be solely responsible for, and United will have no obligations or duties with respect to, the dispatch of Contractor’s flights. For the purposes of this Article III, the term “dispatch” will include, but will not be limited to, all planning of aircraft itineraries and routings, fueling and flight release. 4.
Appears in 1 contract
Samples: United Expressò Agreement
Scheduled Service Update. Contractor will provide accurate updates of its flights' ’ planned and actual departure and arrival times (including updates of irregularities) in Apollo Services as soon as the planned flight schedule is changed and the flight departs and arrives or suffers experiences an irregularity. Specifically, this includes updating the out, off, on and in times for the aircraft within * fifteen (15) minutes of the occurrence of each event. In the event of flight delays, cancellations or other schedule irregularities affecting Contractor's ’s United Express Service flights, and as soon as information concerning such irregularities is available, ----------------------------- *Confidential Treatment Requested Contractor shall update Apollo Services or other approved United systems to reflect such information and, when requested by United, notify the designated United organization. For delayed flights, Contractor shall provide updates to Customers and Apollo in no less than * minute fifteen (15)-minute intervals. For purposes of this Agreement, such scheduled and actual departure and arrival and irregularity information shall be known as "“FLIFO." ” United will notify Contractor in writing as soon as practicable after United determines that Contractor has failed to update FLIFO in a timely and accurate manner. If Contractor fails * ten (10) times in any consecutive * thirty (30) day period (the "“FLIFO THRESHOLD"Threshold”) to update FLIFO in a timely and accurate manner as soon as it becomes evident to Contractor that a schedule deviation shall take place, then upon notification by United to Contractor, Contractor shall pay United damages of * [***] for each occurrence over and above the first * ten (10) occurrences during such *thirty (30) day period regardless of who ground handles Contractor’s United Express. United agrees to xxxx Contractor any amount owed under this Section within * ninety (90) days after the end of each calendar * ninety (90) day period during which Contractor has exceeded the FLIFO Threshold. Such damages shall be United's ’s exclusive remedy for Contractor's ’s non-compliance with this paragraph and may be collected by setoffs against other amounts owed by United to Contractor hereunder.
Appears in 1 contract
Scheduled Service Update. Contractor will provide accurate updates of its flights' ’ planned and actual departure and arrival times (including updates of irregularities) in Apollo Services as soon as the planned flight schedule is changed and the flight departs and arrives or suffers experiences an irregularity. Specifically, this includes updating the out, off, on and in times for the aircraft within * fifteen (15) minutes of the occurrence of each event. In the event of flight delays, cancellations or other schedule irregularities affecting Contractor's ’s United Express Service flights, and as soon as information concerning such irregularities is available, ----------------------------- *Confidential Treatment Requested Contractor shall update Apollo Services to reflect such information and, when requested by United, notify the designated United organization. For delayed flights, Contractor shall provide updates to Customers and Apollo in no less than * fifteen-minute (15-minute) intervals. For purposes of this Agreement, such scheduled and actual departure and arrival and irregularity information shall be known as "“FLIFO." ” United will notify Contractor in writing as soon as practicable after United determines that Contractor has failed to update FLIFO in a timely and accurate manner. If Contractor fails **** (****) times in any consecutive * thirty (30) day period (the "“FLIFO THRESHOLD"Threshold”) to update FLIFO in a timely and accurate manner as soon as it becomes evident to Contractor that a schedule deviation shall take place, then upon notification by United to Contractor, Contractor shall pay United damages of **** ($****) for each occurrence over and above the first **** (****) occurrences during such *thirty (30) day period regardless of who ground handles Contractor’s United Express flights. United agrees to xxxx bill Contractor any amount owed under this Section within * ninety (90) days after the end of each calendar * ninety (90) day period during which Contractor has exceeded the FLIFO Threshold. Such damages shall be United's ’s exclusive remedy for Contractor's ’s non-compliance with this paragraph and may be collected by setoffs against other amounts owed by United to Contractor hereunder.
Appears in 1 contract
Samples: United Express® Agreement
Scheduled Service Update. Contractor will provide accurate updates of its flights' ’ planned and actual departure and arrival times (including updates of irregularities) in Apollo Services as soon as the planned flight schedule is changed and the flight departs and arrives or suffers experiences an irregularity. Specifically, this includes updating the out, off, on and in times for the aircraft within * 15 minutes of the occurrence of each event. In the event of flight delays, cancellations or other schedule irregularities affecting Contractor's ’s United Express Service flights, and as soon as information concerning such irregularities is available, ----------------------------- *Confidential Treatment Requested Contractor shall update Apollo Services to reflect such information and, when requested by United, notify the designated United organization. For delayed flights, Contractor shall provide updates to Customers and Apollo in no less than * 15-minute intervals. For purposes of this Agreement, such scheduled and actual departure and arrival and irregularity information shall be known as "“FLIFO." ” United will notify Contractor in writing as soon as practicable after United determines that Contractor has failed to update FLIFO in a timely and accurate manner. If Contractor fails * ten (10) times in any consecutive * thirty (30) day period (the "“FLIFO THRESHOLD"Threshold”) to update FLIFO in a timely and accurate manner as soon as it becomes evident to Contractor that a schedule deviation shall take place, then upon notification by United to Contractor, Contractor shall pay United damages of * Five Hundred Dollars ($500.00) for each occurrence over and above the first * ten (10) occurrences during such *thirty (30) day period regardless of who ground handles Contractor’s United Express. United agrees to xxxx Contractor any amount owed under this Section within * ninety (90) days after the end of each calendar * ninety (90) day period during which Contractor has exceeded the FLIFO Threshold. Such damages shall be United's ’s exclusive remedy for Contractor's ’s non-compliance with this paragraph and may be collected by setoffs against other amounts owed by United to Contractor hereunder.
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