TERMINATION BY AIRLINE Sample Clauses

TERMINATION BY AIRLINE. At any time when no obligations issued pursuant to Article VIII are outstanding, and if Airline is not then in default in the payment of any amount due from it to City hereunder, Airline may terminate this Agreement by giving City sixty (60) days' advance notice upon or after the happening and during the continuance of any one of the following events: (a) The issuance by any court of competent jurisdiction of an injunction in any way preventing or restraining the use of the Airport or any part thereof so as to substantially affect Airline's use of the Airport in the conduct of its Air Transportation Business, and the remaining in force of such injunction, not stayed by way of appeal or otherwise, for a period of at least ninety (90) days; (b) The issuance of any order, rule or regulation or the taking of any action by any Federal or State agency having jurisdiction with respect to the Airport, or the occurrence of any fire, other casualty, act of God or the public enemy, substantially affecting, for a period of at least ninety (90) days, Airline's use of the Airport in the conduct of its Air Transportation Business; provided, however, that none of the foregoing is due to any fault of Airline; (c) The default by City in the performance of any covenant or agreement required to be performed by City herein, and the failure by City to remedy such default after written notice thereof has been delivered to City, unless (i) City takes prompt action to remedy such default, within a period of thirty (30) days after receipt from Airline of such notice, or (ii) in the case of any such failure which cannot with due diligence be cured within such thirty (30) day period, if City takes corrective action within the sixty (60) day period and diligently pursues such action until the failure is cured; or (d) The substantial restriction of City's operation of the Airport by action of any Federal or State agency having jurisdiction with respect thereto, and the continuance thereof for a period of not less than sixty (60) days, provided such restriction adversely affects Airline's operations at the Airport.

TERMINATION BY AIRLINE. In addition to any other right of cancellation herein given to Airline or any other rights to which Airline may be entitled by law, equity, or otherwise, so long as Airline is not in default in payment to City of any amounts due City under this Agreement or otherwise, Airline may cancel this Agreement and thereby terminate all of its rights and unaccrued obligations hereunder by giving City sixty (60) days advance written notice, to be served as hereinafter provided, upon or after the happening of any of the following events: a. Termination, suspension, revocation or cancellation, by any federal agency (including foreign government agency) with competent jurisdiction of Airline's right or authority to operate as a scheduled air carrier serving the Airport; b. Issuance by a court of competent jurisdiction of an injunction that in any way substantially prevents or restrains the use of the Airport or any part thereof necessary for Airline's scheduled flight operations and which injunction remains in force for a period of at least thirty (30) days after City has exhausted or abandoned all appeals, if such injunction is not necessitated by or issued as the result of an act or omission of Airline; c. If, at any time during the Term of this Agreement, because of City's failure to provide within a reasonable time safe aircraft operating facilities, the Federal Aviation Administration or its successor fails or refuses to certify the Airport as adequate to accommodate aircraft that Airline is licensed to operate and is operating into and from all other airports of like size and character and with similar facilities and which aircraft are in general use on Airline's scheduled transportation route system; and which Airline may reasonably desire to operate into or from the Airport; provided such refusal or failure is not due to any fault of Airline; d. The inability of Airline for a continuing period in excess of ninety (90) days to use the Airport or to exercise any rights or privileges granted to Airline hereunder and necessary to its scheduled flight operations because of any law or ordinance by any governmental authority having jurisdiction over the operations of the Airport or Airline, or because of any order, rule, regulation, or other action or any nonaction of the Federal Aviation Administration, its successor, or any other authorized governmental agency; prohibiting such use, or because of earthquake or other casualty (excepting fire), acts of God or the publi...

TERMINATION BY AIRLINE. EVENTS OF DEFAULT BY AUTHORITY 59 Events of Default by AUTHORITY 59 Remedies of AIRLINE for AUTHORITY's Defaults. 60 36. WAIVER OF STATUTORY NOTICE 60 37. AFFILIATES, SUBLETTING, AND HANDLING AGREEMENTS 60 Rights of Affiliates 60 Assignment and Subletting by AIRLINE 61 Ground Handling Services 62 Release of Space. 62 Nonwaiver of Responsibility. 63 Assignment by AUTHORITY. 63 38. RULES AND REGULATIONS 63 39. ENCROACHERS, TRESPASSERS AND OTHER THIRD PARTY HAZARDS 64 40. AIRPORT SECURITY PROGRAM COMPLIANCE 64 41. SECURITY SYSTEMS 66 42. PORTABLE STORAGE CONTAINERS/STRUCTURES 66 43. NONDISCRIMINATION 66 Nondiscrimination in Employment 66 Facilities Nondiscrimination 67 44. GENERAL PROVISIONS 67 Operation of Airport by the United States of America 67 14 CFR Part 77 of Federal Aviation Regulations 67 Airspace 68 Easement for Flight 68 Airport Hazards 68 Federal Aviation Administration Requirements 69 Modifications for Granting of FAA Funds 70 Subordination to Agreements with the U.S. Government 71 Non-Waiver of Rights 71 Severability and Invalid Provisions 71 Waiver of Claims 71 Incorporation of Exhibits 71 Non-Liability of Agents and Employees 71 Successors and Assigns Bound. 72 Time of Essence 72 Relationship of the Parties 72 Interpretation 72 Kansas Laws to Govern 72 Force Majeure 72 45. NOTICES, CONSENTS, AND APPROVALS 72 46. INTENTION OF PARTIES 73 47. AMENDMENT OR MODIFICATION 73 48. APPROVAL, CONSENT, DIRECTION OR DESIGNATION BY AUTHORITY 74 LIST OF EXHIBITS A Affiliate Airline Notification B Aircraft Parking Apron C Airport Boundaries D Premises E Monthly Activity Report F Tenant Construction and Alteration Process Manual (Incorporated by reference) G Sample Rental and Fee Rate Calculations H Snow Removal I Maintenance Matrix THIS AGREEMENT, dated March 17, 2015, between The Wichita Airport Authority, hereafter referred to as "AUTHORITY," and American Airlines, Inc., a corporation organized and existing under the laws of the State of Delaware, hereinafter referred to as "AIRLINE," acting by and through its designated officers with the express authority of its Board of Directors;

TERMINATION BY AIRLINE. AIRLINE shall have the right to terminate this Agreement at any time AIRLINE is not in default in its Rental and Fee Payments or other obligations under this Agreement by giving CITY thirty (30) days advance written notice on or after the occurrence of any one of the following events: (A) The breach by CITY of any of the covenants or agreements contained in this Agreement for a period exceeding sixty (60) days after receipt of written notice of such breach from AIRLINE. (B) Action by CITY or such other Federal, State, or local entity having proper jurisdiction prohibiting AIRLINE from using the Airport for a period exceeding sixty (60) days because of any deficiency of the Airport or an unsafe operating condition existing at the Airport or in the surrounding airspace.

TERMINATION BY AIRLINE. EVENTS OF DEFAULT BY AUTHORITY

TERMINATION BY AIRLINE. 46 Article XIII