USE OF THE INTERNATIONAL ARRIVALS FACILITY. MAC will control prioritization and utilization of the IAF and associated gates for international arrivals by Airlines and may develop prioritization procedures not inconsistent with the terms of this Agreement. 1. In order to use the International Arrivals Facility, AIRLINE must obtain and maintain all necessary government approvals to operate such international Flights. AIRLINE shall provide MAC all reasonably necessary information and copies of government approvals including scheduling, inter-line, code-share or other information, upon request. MAC retains the right to verify the status of AIRLINE to determine whether AIRLINE qualifies to use the IAF. Other than DELTA international Flights which shall be accommodated at Terminal 1 unless otherwise agreed to by DELTA, MAC will determine to which terminal to assign an international Flight. In making such determination, MAC will consider reasonable factors, including but not limited to: a. If such Airline is a Signatory Airline; b. If such Airline leases Exclusive Use Space or Preferential Use Space at Terminal 1; c. If such Airline has an inter-line or code-share agreement with a Signatory Airline operating at Terminal 1 on a Preferential Use gate; d. If such Airline is providing International Regularly Scheduled Airline Service; e. If such international Flight is seasonal or year-round; f. Input from US Customs and Border Control; and g. Gate, ramp, and ticket counter availability. 2. Gates G1 through G10 and associated passenger loading bridges, ramp access and lobby and baggage facilities on Concourse G currently leased by DELTA are available for access to the International Arrivals Facility based on the following priority of use: a. International Regularly Scheduled Airline Service. b. DELTA or a DELTA Affiliated Airline domestic arrivals and departures. c. Non-scheduled irregular or delayed international charter arrivals when the expected delay for the flight to use the Terminal 2 facility will exceed 90 minutes and the use of an IAF gate will not interfere with the scheduled use of that gate. Such interference shall be defined as the overlap of the non-scheduled use with the scheduled use such that the scheduled flight will have to be relocated to another concourse for its operation or will have to wait for a gate due to the unavailability of any gate. DELTA has committed to MAC to designate an individual on site to give necessary approvals. 3. So long as DELTA leases gates G1-G10 or any supplemental or replacement gates and unless otherwise agreed by MAC and DELTA, DELTA has committed to MAC that it shall provide all Ground Handling at the IAF gates subject to either (i) air carrier self-handling rights contained in AIP grant assurances, at rates that do not exceed those specified in the applicable IATA ground handling agreement, or (ii) the authorized use of a third party ground handling company to provide Ground Handling at the IAF gates upon a requesting airline executing the memorandum of understanding included as Exhibit W. Further, so long as DELTA leases gates G1-G10 or any supplemental or replacement gates and unless otherwise agreed by MAC and DELTA, DELTA has committed to MAC to provide Airlines with reasonable access to DELTA data and communications systems at gates G1-G10; provided, however, that Airlines shall not have a right to utilize DELTA’s computer equipment, make alterations to the gate holdroom or millwork, or use any system or equipment that DELTA reasonably determines may jeopardize or interfere with DELTA’s operations. 4. So long as DELTA leases gates G1-G10, no Airline aircraft, other than a DELTA aircraft, will remain on gates G1-G10 over two hours if a narrow-body or three hours if a wide-body. So long as DELTA leases gates G1-G10 or any supplemental or replacement gates and unless otherwise agreed by MAC and DELTA, DELTA has committed to MAC that it will coordinate any moving of aircraft with MAC’s operations department, FAA and appropriate federal inspections agencies. 5. AIRLINE, if it self-handles, or DELTA, if it provides Ground Handling to AIRLINE, on gates G1-G10, shall handle and dispose of all international waste on AIRLINE’s aircraft in accordance with the requirements of the United States Department of Agriculture. So long as DELTA leases gates G1-G10 or any supplemental or replacement gates and unless otherwise agreed by MAC and DELTA, DELTA has committed to MAC that it will perform all maintenance, repair, and operation of MAC jet bridges provided by MAC as part of the IAF as and to the extent set forth in Section VIII.E. So long as DELTA leases gates G1-G10 or any supplemental or replacement gates and unless otherwise agreed by MAC and DELTA, DELTA has committed to MAC to make the MAC jet bridges available for use by all users of the IAF without charges in addition to those required to be paid hereunder. 6. The use by an Airline, including AIRLINE, if applicable, under this Section III. C. of a gate leased by DELTA shall be subject to the following conditions as well as applicable charges set forth herein: a. Any such Airline shall be responsible for the payment of all applicable fees and charges for its use of DELTA’s premises pursuant to this Section III.C., including but not limited to appropriate IAF charges and overtime fees, and DELTA shall be released from any liability therefor. b. Except for Airlines landing under an emergency or other irregular operation, such Airline shall have an Airline Operating Agreement and Terminal Building Lease or other agreement with MAC. Such agreement shall include a provision that provides, in connection with such Airline’s use of the premises of DELTA under this Section III.C.: (i) Airline shall indemnify, defend, release, and save harmless DELTA to the same extent that Airline indemnifies, defends, releases, and saves harmless MAC through its agreement for the period of use; (ii) the insurance and indemnification obligations therein shall inure to the benefit of the DELTA for the period of use; and (iii) Airline shall (A) ensure that its agents, employees, and contractors are properly qualified prior to operating any and all equipment, (B) secure jetway doors upon completion of use, and (C) be responsible for any cost DELTA or MAC incurs due to damage caused to DELTA’s or MAC’s premises or equipment (e.g. passenger boarding bridge) by Airline. DELTA shall be an intended third party beneficiary of such provision. If AIRLINE uses DELTA’s premises under this Section III.C., AIRLINE hereby agrees, (i) it shall indemnify, defend, release, and save harmless DELTA to the same extent that AIRLINE indemnifies, defends, releases, and saves harmless MAC through this Agreement for the period of use, (ii) its insurance and indemnification obligations herein shall inure to the benefit of DELTA for the period of the use, and (iii) AIRLINE shall (A)
Appears in 2 contracts
Samples: Airline Operating Agreement and Terminal Building Lease (Sun Country Airlines Holdings, Inc.), Airline Operating Agreement and Terminal Building Lease (Sun Country Airlines Holdings, Inc.)
USE OF THE INTERNATIONAL ARRIVALS FACILITY. MAC will control prioritization and utilization of the IAF and associated gates for international arrivals by Airlines providing International Regularly Scheduled Airline Service and may develop prioritization procedures not inconsistent with the terms of this Agreement. The provisions in this Section C. shall continue through December 31, 2020.
1. In order to use the International Arrivals Facility, AIRLINE must obtain and maintain all necessary government approvals to operate such international Flightsits status as International Regularly Scheduled Airline Service. AIRLINE shall provide MAC all reasonably necessary information and copies of government approvals including scheduling, inter-line, code-share or other informationa detailed written certification for each numbered element on Exhibit H, upon MAC’s request. MAC retains the right to verify the status of AIRLINE to and determine whether AIRLINE qualifies to use the IAF. Other than DELTA international Flights which shall be accommodated at Terminal 1 unless otherwise agreed to by DELTA, MAC will determine to which terminal to assign an international Flight. In making such determination, MAC will consider reasonable factors, including but not limited to:
a. If such Airline is a Signatory Airline;
b. If such Airline leases Exclusive Use Space or Preferential Use Space at Terminal 1;
c. If such Airline has an inter-line or code-share agreement with a Signatory Airline operating at Terminal 1 on a Preferential Use gate;
d. If such Airline is providing as International Regularly Scheduled Airline Service;
e. If such international Flight is seasonal or year-round;
f. Input from US Customs and Border Control; and
g. Gate, ramp, and ticket counter availability.
2. Gates G1 through G10 and associated passenger loading bridges, ramp access and lobby and baggage facilities on Concourse G currently leased by DELTA are Northwest Airlines, Inc. (hereinafter referred to as “Northwest” or “Northwest Airlines”) shall be made available for access to the International Arrivals Facility based on the following priority of use:
a. International Regularly Scheduled Airline Service.Service as defined in Exhibit H.
b. DELTA Northwest or a DELTA Northwest Affiliated Airline domestic arrivals and departures.
c. Non-scheduled irregular or delayed international charter arrivals when the expected delay for the flight to use the Xxxxxxxx Terminal 2 facility will exceed 90 minutes and the use of an IAF gate will not interfere with the scheduled use of that gate. Such interference shall be defined as the overlap of the non-scheduled use with the scheduled use such that the scheduled flight will have to be relocated to another concourse for its operation or will have to wait for a gate due to the unavailability of any gate. DELTA has committed Use of an IAF gate by a non-scheduled flight is subject to MAC Northwest’s approval; such approval is not to be unreasonably withheld or delayed. Northwest shall designate an individual on site to give necessary approvals.
3. So long as DELTA leases gates G1-G10 or any supplemental or replacement gates and unless otherwise agreed by MAC and DELTA, DELTA has committed to MAC that it Northwest shall provide all Ground Handling at the IAF gates subject to either (i) air carrier self-handling rights contained in AIP grant assurances, at rates that do not exceed those specified in the applicable IATA ground handling agreementMutual Assistance Ground Service Agreement, or (ii) authorize the authorized use of a third party ground handling company to provide Ground Handling at the IAF gates upon a requesting airline executing the memorandum of understanding included as Exhibit W. Further, so long as DELTA leases gates G1-G10 or any supplemental or replacement gates and unless otherwise agreed by MAC and DELTA, DELTA has committed to MAC to Northwest shall also provide Airlines with reasonable access for air carriers to DELTA data and communications systems at gates G1-G10; provided, however, that Airlines shall not have a right to utilize DELTA’s computer equipment, make alterations to the gate holdroom or millwork, or use any system or equipment that DELTA reasonably determines may jeopardize or interfere with DELTA’s operations.
4. So long as DELTA leases gates G1-G10, no No Airline aircraft, other than a DELTA aircraft, aircraft will remain on gates G1-G10 over two hours if a narrow-body or three hours if a wide-body. So long as DELTA leases gates G1-G10 or any supplemental or replacement gates and unless otherwise agreed by MAC and DELTA, DELTA has committed to MAC that it Northwest will coordinate any moving of aircraft with MAC’s operations department, FAA and appropriate federal inspections agencies.
5. AIRLINE, if it self-handles, or DELTANorthwest, if it provides Ground Handling to AIRLINE, on gates G1-G10, shall handle and dispose of all international waste on AIRLINE’s aircraft in accordance with the requirements of the United States Department of Agriculture.
6. So long as DELTA leases gates G1-G10 or any supplemental or replacement gates and unless otherwise agreed by MAC and DELTA, DELTA has committed to MAC that it will perform Northwest shall be responsible for all maintenance, repair, and operation of MAC jet bridges provided by MAC as part of the IAF as and to the extent set forth in Section VIII.E. So long as DELTA leases gates G1-G10 or any supplemental or replacement gates and unless otherwise agreed by MAC and DELTA, DELTA has committed to MAC to IAF. Northwest shall make the MAC jet bridges available for use by all users of the IAF without charges in addition to those required to be paid hereunder.
6additional charge. The use by an Airline, including AIRLINE, if applicable, under this Section III. C. of a gate leased by DELTA shall be subject to the following conditions as well as applicable charges set forth herein:
a. Any such Airline shall be responsible for the payment of all applicable fees and charges for its use of DELTA’s premises pursuant Exhibit W has been attached to this Section III.C., including but not limited to appropriate IAF charges and overtime fees, and DELTA shall be released from any liability therefor.
b. Except for Airlines landing under an emergency or other irregular operation, such Airline shall have an Airline Operating Agreement and Terminal Building Lease or other agreement with MAC. Such agreement shall include a provision that provides, in connection with such Airline’s use of the premises of DELTA under this Section III.C.: (i) Airline shall indemnify, defend, release, and save harmless DELTA to the same extent that Airline indemnifies, defends, releases, and saves harmless MAC through its agreement for the period of use; (ii) the insurance and indemnification obligations therein shall inure to the benefit of the DELTA for the period of use; and (iii) Airline shall (A) ensure that its agents, employees, and contractors are properly qualified prior to operating any and all equipment, (B) secure jetway doors upon completion of use, and (C) be responsible for any cost DELTA or MAC incurs due to damage caused to DELTA’s or MAC’s premises or equipment (e.g. passenger boarding bridge) by Airline. DELTA shall be an intended third party beneficiary of such provision. If AIRLINE uses DELTA’s premises under this Section III.C., AIRLINE hereby agrees, (i) it shall indemnify, defend, release, and save harmless DELTA to the same extent that AIRLINE indemnifies, defends, releases, and saves harmless MAC through this Agreement for the period of use, (ii) its insurance and indemnification obligations herein shall inure to the benefit of DELTA for the period of the use, and (iii) AIRLINE shall (A)Amendment as Exhibit 6
Appears in 1 contract
Samples: Airline Operating Agreement and Terminal Building Lease (Northwest Airlines Corp)
USE OF THE INTERNATIONAL ARRIVALS FACILITY. MAC will control prioritization and utilization of the IAF and associated gates for international arrivals by Airlines providing International Regularly Scheduled Airline Service and may develop prioritization procedures not inconsistent with the terms of this Agreement. The provisions in this Section C. shall continue through December 31, 2020.
1. In order to use the International Arrivals Facility, AIRLINE must obtain and maintain all necessary government approvals to operate such international Flightsits status as International Regularly Scheduled Airline Service. AIRLINE shall provide MAC all reasonably necessary information and copies of government approvals including scheduling, inter-line, code-share or other informationa detailed written certification for each numbered element on Exhibit H, upon MAC’s request. MAC retains the right to verify the status of AIRLINE to and determine whether AIRLINE qualifies to use the IAF. Other than DELTA international Flights which shall be accommodated at Terminal 1 unless otherwise agreed to by DELTA, MAC will determine to which terminal to assign an international Flight. In making such determination, MAC will consider reasonable factors, including but not limited to:
a. If such Airline is a Signatory Airline;
b. If such Airline leases Exclusive Use Space or Preferential Use Space at Terminal 1;
c. If such Airline has an inter-line or code-share agreement with a Signatory Airline operating at Terminal 1 on a Preferential Use gate;
d. If such Airline is providing as International Regularly Scheduled Airline Service;
e. If such international Flight is seasonal or year-round;
f. Input from US Customs and Border Control; and
g. Gate, ramp, and ticket counter availability.
2. Gates G1 through G10 and associated passenger loading bridges, ramp access and lobby and baggage facilities on Concourse G currently leased by DELTA are Northwest Airlines, Inc. (hereinafter referred to as “Northwest” or “Northwest Airlines”) shall be made available for access to the International Arrivals Facility based on the following priority of use:
a. International Regularly Scheduled Airline Service.Service as defined in Exhibit H.
b. DELTA Northwest or a DELTA Northwest Affiliated Airline domestic arrivals and departures.
c. Non-scheduled irregular or delayed international charter arrivals when the expected delay for the flight to use the Xxxxxxxx Terminal 2 facility will exceed 90 minutes and the use of an IAF gate will not interfere with the scheduled use of that gate. Such interference shall be defined as the overlap of the non-scheduled use with the scheduled use such that the scheduled flight will have to be relocated to another concourse for its operation or will have to wait for a gate due to the unavailability of any gate. DELTA has committed Use of an IAF gate by a non-scheduled flight is subject to MAC Northwest’s approval; such approval is not to be unreasonably withheld or delayed. Northwest shall designate an individual on site to give necessary approvals.
3. So long as DELTA leases gates G1-G10 or any supplemental or replacement gates and unless otherwise agreed by MAC and DELTA, DELTA has committed to MAC that it Northwest shall provide all Ground Handling at the IAF gates subject to either (i) air carrier self-handling rights contained in AIP grant assurances, at rates that do not exceed those specified in the applicable IATA ground handling agreementMutual Assistance Ground Service Agreement, or (ii) authorize the authorized use of a third party ground handling company to provide Ground Handling at the IAF gates upon a requesting airline executing the memorandum of understanding included as Exhibit W. Further, so long as DELTA leases gates G1-G10 or any supplemental or replacement gates and unless otherwise agreed by MAC and DELTA, DELTA has committed to MAC to Northwest shall also provide Airlines with reasonable access for air carriers to DELTA data and communications systems at gates G1-G10; provided, however, that Airlines shall not have a right to utilize DELTA’s computer equipment, make alterations to the gate holdroom or millwork, or use any system or equipment that DELTA reasonably determines may jeopardize or interfere with DELTA’s operations.
4. So long as DELTA leases gates G1-G10, no No Airline aircraft, other than a DELTA aircraft, aircraft will remain on gates G1-G10 over two hours if a narrow-body or three hours if a wide-body. So long as DELTA leases gates G1-G10 or any supplemental or replacement gates and unless otherwise agreed by MAC and DELTA, DELTA has committed to MAC that it Northwest will coordinate any moving of aircraft with MAC’s operations department, FAA and appropriate federal inspections agencies.
5. AIRLINE, if it self-handles, or DELTANorthwest, if it provides Ground Handling to AIRLINE, on gates G1-G10, shall handle and dispose of all international waste on AIRLINE’s aircraft in accordance with the requirements of the United States Department of Agriculture.
6. So long as DELTA leases gates G1-G10 or any supplemental or replacement gates and unless otherwise agreed by MAC and DELTA, DELTA has committed to MAC that it will perform Northwest shall be responsible for all maintenance, repair, and operation of MAC jet bridges provided by MAC as part of the IAF as and to the extent set forth in Section VIII.E. So long as DELTA leases gates G1-G10 or any supplemental or replacement gates and unless otherwise agreed by MAC and DELTA, DELTA has committed to MAC to IAF. Northwest shall make the MAC jet bridges available for use by all users of the IAF without charges in addition to those required to be paid hereunder.
6additional charge. The use by an Airline, including AIRLINE, if applicable, under this Section III. C. of a gate leased by DELTA shall be subject to the following conditions as well as applicable charges set forth herein:
a. Any such Airline shall be responsible for the payment of all applicable fees and charges for its use of DELTA’s premises pursuant Exhibit W has been attached to this Section III.C., including but not limited to appropriate IAF charges and overtime fees, and DELTA shall be released from any liability therefor.
b. Except for Airlines landing under an emergency or other irregular operation, such Airline shall have an Airline Operating Agreement and Terminal Building Lease or other agreement with MAC. Such agreement shall include a provision that provides, in connection with such Airline’s use of the premises of DELTA under this Section III.C.: (i) Airline shall indemnify, defend, release, and save harmless DELTA to the same extent that Airline indemnifies, defends, releases, and saves harmless MAC through its agreement for the period of use; (ii) the insurance and indemnification obligations therein shall inure to the benefit of the DELTA for the period of use; and (iii) Airline shall (A) ensure that its agents, employees, and contractors are properly qualified prior to operating any and all equipment, (B) secure jetway doors upon completion of use, and (C) be responsible for any cost DELTA or MAC incurs due to damage caused to DELTA’s or MAC’s premises or equipment (e.g. passenger boarding bridge) by Airline. DELTA shall be an intended third party beneficiary of such provision. If AIRLINE uses DELTA’s premises under this Section III.C., AIRLINE hereby agrees, (i) it shall indemnify, defend, release, and save harmless DELTA to the same extent that AIRLINE indemnifies, defends, releases, and saves harmless MAC through this Agreement for the period of use, (ii) its insurance and indemnification obligations herein shall inure to the benefit of DELTA for the period of the use, and (iii) AIRLINE shall (A)Amendment as Exhibit 7
Appears in 1 contract
Samples: Airline Operating Agreement and Terminal Building Lease (Northwest Airlines Corp)
