Wet Leasing Sample Clauses

Wet Leasing. ‌ 2-6.01. Notwithstanding Section 2-1 above, wet leases (i.e. contracting with another airline or a company that controls an airline for the provision of an aircraft with crew) may be entered into by the Company under the circumstances listed in (a) and (b) below. a) To carry out flying on a temporary basis due to lack of available pilots or aircraft for reasons beyond the Company’s control (e.g. weather conditions, mechanical failures, acts of God, delay of aircraft delivery, etc.). This provision shall not allow the Company to maintain the Company fleet and/or Pilot staff levels below those which would normally be required to maintain operational integrity (operational spares/reserve crews). b) The Company may enter into wet leases or charters under other circumstances for a period of up to ninety (90) days provided such wet leasing or chartering does not result in layoff or reduction in Base, Status or Equipment of WestJet Encore Pilots. The ninety (90) days may be extended to not greater than one hundred fifty (150) days in order to provide sufficient time to hire and train additional Pilots associated with the delivery of new aircraft. The Company shall advise the Association of such wet leases. The Company shall not renew, extend or enter into such leases beyond the ninety (90)/one hundred fifty (150) day periods above without mutual agreement between the Company and the Association.

Wet Leasing. ‌ .01 Notwithstanding Section 2-2 (FLYING) above, wet leases (i.e. contracting with another company for the provision of an aircraft with crew) may be entered into by the Company under the circumstances listed in (a) and (b) below, provided that such leases are not entered into with a company(s) that has been declared as common employer under the Canada Labour Code. a) To carry out flying on a temporary basis due to lack of available aircraft for reasons beyond the Company’s control (e.g. weather conditions, mechanical failures, acts of God, delay of aircraft delivery, etc.). This provision is NOT meant to allow the Company to maintain the Company fleet and/or Pilot staff levels below those which would normally be required to maintain operational integrity (operational spares/reserve crews). b) The Company may enter into wet leases or charters under other circumstances for a period of up to ninety (90) Days provided such wet leasing or chartering does not result in layoff or reduction in Base, Status or Equipment of Jazz Pilots. The Company shall advise the Association of such wet leases. The Company shall not renew, extend or enter into such leases beyond ninety (90) Days without mutual agreement between the Company and the Association.

Wet Leasing. 1.12.01 Wet Lease means the lease, contracting in or subcontracting in of an aircraft with Pilot crew. 1.12.02 Wet Leasing will be utilized by the Company and/or Specialty Company only in cases of a need for service to the public of a temporary nature where the Company and/or a Specialty Company is unable to provide that service with Air Canada Pilots. 1.12.03 The Company may elect to enter into a short term Wet Leasing arrangement with a duration of less than 30 days. The Company and/or Specialty Company and ACPA will mutually agree to a method of distributing the resulting Wet Lease pay credits. 1.12.04 Wet Lease pay credits will not be Flight Time limiting. 1.12.05 Wet Leasing for 30 days or more must be approved by ACPA. 1.12.06 In the event of a Wet Lease for 30 days or more, the Company will provide compensation in accordance with the following: 1.12.06.01 An average crewing requirement for the wet leased aircraft will be determined according to the stage length of the flights and the augmentation rules in this Collective Agreement. 1.12.06.02 The appropriate comparator aircraft within the collective agreement will be determined. In the event an exact comparator is not in the Collective Agreement, the next smallest aircraft in the agreement will be used. 1.12.06.03 The number of wet lease flight hours will be determined based on the speed for the comparator aircraft in the mileage pay provisions of this Collective Agreement. 1.12.06.04 The hourly crew rate will be the pay rate for the average crewing requirement using the pay rates for the comparator aircraft calculated at night rates. 1.12.06.05 The total compensation for the wet lease will be wet lease flight hours times the hourly crew rate. 1.12.06.06 The wet lease compensation will be calculated on a monthly basis and will be provided to ACPA to be divided amongst Air Canada Pilots that were active in that month.

Wet Leasing. Lessee shall be permitted to wet-lease or charter the Aircraft provided the wet-lease or charter constitutes an arrangement whereby Lessee agrees to furnish the Aircraft to a third party pursuant to which: (i) the Aircraft shall be operated solely by employees or contractors of Lessee possessing all current certificates and licenses that are required by applicable Law; (ii) Lessee shall promptly inform Lessor when it has entered into the wet-lease should the duration of the wet-lease exceed three months; (iii) the Aircraft shall be subject to insurance coverage in accordance with the provisions of this Agreement, provided that such insurance with respect to legal liabilities for passenger and cargo may be on a contingent basis for the duration of any [**] — Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. such arrangement as long as such wet lessee under such arrangement maintains primary coverage for such insurance in favor of Lessor, Owner Participant, Lessee and any Indemnified Party in accordance and strict compliance with the terms, conditions, and requirements of this Agreement. Lessee shall provide Lessor with an officer’s certificate indicating whether Lessee or the wet lessee will be responsible for maintaining the primary passenger, baggage and cargo liability insurance relating to the wet-lease; (iv) the Aircraft shall be maintained by an Approved Maintenance Provider in accordance with the Approved Maintenance Program and otherwise maintained in accordance with the requirements of this Agreement; (v) the Aircraft shall not be subject to any change in its State of Registration; (vi) the wet-lease or charter shall provide that it is subject and subordinate to this Agreement in all respects and the rights of the wet-lessee or charterer thereunder are subject and subordinate in all respects to the rights of Lessor and Owner Participant under this Agreement; and (vii) the wet-lease or charter will not extend beyond the date being one month prior to the end of the Lease Term, provided always that the arrangement is not capable of giving rise to a possessory right in the Aircraft, or any other right which would have priority to the rights of Lessor, Security Trustee, if any, or any Financier under the Operative Documents related to the leasing of the Aircraft hereunder and to the Aircraft.

Wet Leasing. Outside Operators -

Wet Leasing. Provided no Event of Default has occurred and is continuing, Lessee may, subject to the restrictions contained in Section 11.6, enter into Wet Leases for the Aircraft to any Person provided that: (a) the rights of the lessee under the Wet Lease are at all times expressly subject to and subordinate to, and do not conflict in any respect with (or give such wet lessee any rights greater than the rights of Lessee under), the terms of this Lease and the rights of Lessor hereunder and the respective interests of Owner and any Financing Party; (b) Lessee provides Lessor with (x) a certified copy of the applicable provisions from the Wet Lease or an officer’s certificate indicating whether Lessee or the wet lessee under the Wet Lease will be responsible for maintaining the primary passenger, baggage and cargo liability insurance relating to operation under the Wet Lease, and (y) a certified copy or original of an insurance certificate and broker’s letter of undertaking confirming the maintenance of insurance coverage required by this Lease; and

Wet Leasing. Provided no Event of Default has occurred and is continuing, Lessee may, subject to the restrictions contained in Section 11.6, enter into Wet Leases for the Aircraft to any Person provided that: (a) the rights of the lessee under the Wet Lease are at all times expressly subject to and subordinate to, and do not conflict in any respect with (or give such wet lessee any rights greater than the rights of Lessee under), the terms of this Lease and the rights of Lessor hereunder and the respective interests of Owner, Owner Participant and any Financing Party; (b) Lessee provides Lessor with (x) a certified copy of the applicable provisions from the Wet Lease or an officer’s certificate indicating whether Lessee or the wet lessee under the Wet

Wet Leasing. Wet Lease means the lease, contracting in or subcontracting in of an aircraft with Pilot crew. Wet Leasing will be utilized by the Company and/or Specialty Company only in cases of a need for service to the public of a temporary nature where the Company and/or a Specialty Company is unable to provide that service with Air Canada Pilots. The Company may elect to enter into a short term Wet Leasing arrangement with a duration of less than 30 days. The Company and/or Specialty Company and ACPA will mutually agree to a method of distributing the resulting Wet Lease pay credits. Wet Lease pay credits will not be Flight Time limiting. Wet Leasing for 30 days or more must be approved by ACPA. In the event of a Wet Lease for 30 days or more, the Company will provide compensation in accordance with the following: An average crewing requirement for the wet leased aircraft will be determined according to the stage length of the flights and the augmentation rules in this Collective Agreement. The appropriate comparator aircraft within the Collective Agreement will be determined. In the event an exact comparator is not in the Collective Agreement, the next smallest aircraft in the agreement will be used. The number of wet lease flight hours will be determined based on the speed for the comparator aircraft in the mileage pay provisions of this Collective Agreement. The hourly crew rate will be the pay rate for the average crewing requirement using the pay rates for the comparator aircraft calculated at night rates. The total compensation for the wet lease will be wet lease flight hours times the hourly crew rate. The wet lease compensation will be calculated on a monthly basis and will be provided to ACPA to be divided amongst Air Canada Pilots that were active in that month.

Wet Leasing. Subject to no Insolvency Default or Event of Default having occurred and be continuing, provided that, for these purposes, Clauses 16.1(i)-(n) shall not apply during the pendency of the Chapter 11 Cases and related parallel and ancillary proceedings in Chile, Colombia, and the Cayman Islands, Lessee or a Permitted Sublessee (as the case may be) may lease the Aircraft on terms whereby the Aircraft shall at all times be in the possession and operational control of Lessee or a Permitted Sublessee (as the case may be) and operated by Lessee’s or a Permitted Sublessee’s (as the case may be) flight crew; provided always that the Aircraft shall continue to be registered in accordance with the terms of this Agreement, the term of such wet lease, charter or other agreement shall not extend beyond the lesser of (i) six (6) months (or such longer period as Lessor and Lessee may agree, each acting reasonably) or (ii) the end of the Term and the rights of the Lessee’s or a Permitted Sublessee’s (as the case may be) counter-party thereto are expressly subordinated to this Agreement and the rights of Lessor hereunder.

Wet Leasing. Lessee may enter into and carry out (or permit Permitted Sublessee to enter and carry out) any wet lease with respect to the Aircraft provided that: 10.3.1 the wet lease is for no longer than a six (6) month period; 10.3.2 no Event of Default has occurred and is continuing; 10.3.3 the Aircraft is operated solely by cockpit personnel under the operational control of Lessee (or Permitted Sublessee) possessing all certificates and licenses that are required by Law; 10.3.4 the Aircraft is in the possession of and subject to the technical, navigational and operation control of Lessee (or Permitted Sublessee) and its duly qualified personnel; 10.3.5 the Aircraft is maintained by Lessee (or Permitted Sublessee) in accordance with its usual maintenance practices and the terms of this Agreement; 10.3.6 the Aircraft is insured by Lessee (or Permitted Sublessee) in accordance with the terms of this Agreement; 10.3.7 the counterparty to such wet lease is not a Sanctions Target or formed, organized, domiciled, resident or located in a Prohibited Jurisdiction; 10.3.8 the term of the wet lease does not, and is not permitted to, extend beyond the Termination Date; 10.3.9 the Aircraft remains registered with the Aviation Authority and its State of Registration remains unchanged; 10.3.10 the Habitual Base is not in a Prohibited Jurisdiction; 10.3.11 the rights of the counterparty are at all times expressly subject to and subordinate to, and do not conflict in any respect with (or give the counterparty any greater rights than those of Lessee under) the terms of this Agreement and the interests of Lessor and any Lender in the Aircraft; and 10.3.12 Lessee pays (or reimburses Lessor) all reasonable out-of-pocket costs and expenses incurred by Lessor in connection with such wet lease.