SET OFF AMOUNTS. In addition to the terms of ARTICLE VIII and the other provisions hereof, but subject to the terms of ARTICLE XIII, the payment for transportation furnished by Contractor may be reduced in order to set off:
a. amounts owed by Contractor to United for:
(i) actual loss of revenue resulting from a failure on the part of Contractor to properly effect a sale pursuant to United's Customer Service Policies and Procedures applicable to the sale of tickets; and
(ii) fraudulent, grossly negligent or erroneous acts of employees of Contractor which cause United to suffer a loss;
b. such other adjustments as may be mutually agreed to by the parties from time to time; and
c. any other undisputed amounts owed by Contractor to United under this Agreement. United will provide Contractor with supporting documentation for such intended adjustments. Contractor shall have the right to object to any such adjustment by providing United with written notice of its objection, together with supporting documentation, within * after its receipt of Contractor's objection. United agrees to negotiate in good faith with Contractor in order to resolve all such disputes within * after its receipt of Contractor's supporting documentation.
SET OFF AMOUNTS. In addition to the terms of Article VIII and the other provisions hereof, but subject to the terms of Article XIII, the payment for transportation furnished by Contractor may be reduced in good faith by United in order to set off:
a. amounts owed by Contractor to United for:
i. fraudulent, grossly negligent or erroneous acts of employees of Contractor which cause United to suffer a loss;
ii. operation of substitute aircraft pursuant to Article IV.A;
iii. any insurance United may secure on Contractor’s behalf pursuant to Article XII.D;
iv. any fines or penalties attributable to Contractor and actually paid by United and which are not attributable to or the responsibility of United hereunder. This includes, but is not limited to:
a) unauthorized positive space travel b) unauthorized space available travel
SET OFF AMOUNTS. Subject to the terms of Article XIII, the payment for transportation furnished by Contractor may be reduced in order to set off any of the following amounts owed by Contractor to United and arising after the Effective Date:
1. amounts owed by Contractor to United for:
a. fraudulent, grossly negligent or erroneous acts of employees of Contractor which cause United to suffer a loss; and
b. unreported sales on United tickets assigned to Contractor;
2. such other adjustments as may be mutually agreed to by the parties from time to time;
3. any other amounts owed by Contractor to United under this Agreement; and
4. at United’s discretion, any ITE vouchers issued outside of the guidelines established in Series 65. United will notify Contractor of any such adjustment that it intends to make at least fourteen days prior to the date of the payment to which the adjustment relates. United will provide Contractor with supporting documentation for such intended adjustments. Contractor shall have the right to object to any such adjustment by providing United with written notice of its objection, together with supporting documentation, within 30 days after its receipt of the notice provided by United describing such adjustments. United agrees to negotiate in good faith with Contractor in order to resolve all such disputes within 30 days after its receipt of Contractor’s notice to United. If Contractor objects to any adjustment, the amounts payable to Contractor may be reduced by any part of the adjustment not in dispute and no more than [***] of any portion of the adjustment that is in dispute until the dispute between Contractor and United is resolved. If United sets off amounts owed to any affiliate of United against any payment due to Contractor from United, United shall cause its affiliate to release Contractor with respect to the amounts set off by United as if Contractor paid such amounts to the affiliate directly.
SET OFF AMOUNTS. In addition to the terms of Article VIII and the other provisions hereof, but subject to the terms of Article XIII, the payment for transportation furnished by Contractor may be reduced in order to set off:
a. amounts owed by Contractor to United for:
i. actual loss of revenue resulting from a failure on the part of Contractor to properly effect a sale pursuant to United’s Customer Service Policies and Procedures applicable to the sale of tickets;
ii. fraudulent, grossly negligent or erroneous acts of employees of Contractor which cause United to suffer a loss;
iii. Any Program Fees specified in Article VIII;
iv. the currently effective industry standard rate of commission settlement under ATC Resolution 5.60 for tickets issued under such resolution for the markets referenced on Appendix L;
v. unreported sales on United tickets assigned to Contractor;
vi. refunds for interrupted flights or failures to carry out Contractor services made on United refund documents; and
vii. any ATPCO tariff filing fee pursuant to Article III.G;
b. Such other adjustments as may be mutually agreed to by the parties from time to time; and
c. Any other amounts owed by Contractor to United. United will provide Contractor with supporting documentation for such intended adjustments. Contractor shall have the right to object to any such adjustment by providing United with written notice of its objection, together with supporting documentation, within 90 days after its receipt. United agrees to negotiate in good faith with Contractor to resolve all such disputes within 90 days after its receipt of Contractor’s notice to United.
