Exhibit 10.6(a)
THIRD AMENDMENT
This Third Amendment dated as of March 19, 1999 (the "Amendment") to the Service
Agreement dated as of February 9, 1994, by and between US Airways, Inc.
(previously USAir, Inc.) ("US Airways") and CHAUTAUQUA AIRLINES, INC.
("Contractor") as amended (the "Service Agreement").
WITNESSETH:
WHEREAS, US Airways and the Contractor have entered into the Service Agreement;
WHEREAS, on or about the date of this Amendment, US Airways and the Contractor
have entered into a Chautauqua Jet Service Agreement relating to the operation
of certain [*] as US Airways Express air transportation services;
WHEREAS, US Airways and Contractor desire to amend certain provisions of the
Service Agreement;
NOW THEREFORE, in consideration of the premises and mutual covenants hereinafter
set forth and for other good and valuable consideration, the receipt and
sufficiency of which is acknowledged, US Airways and Contractor hereby agree as
follows:
1. Section 2.01(a) of the Service Agreement is hereby amended by adding the
following:
"Markets Effective Dates
[*] The effective date for this market shall be the date
that the first EMB-145 LR Regional Jet goes into
service as US Airways Express under the terms of
the Chautauqua Jet Service Agreement dated as of
[*], by and between US Airways and Contractor (the
"Chautauqua Jet Service Agreement")."
2. Section 9.01(a) of the Service Agreement is hereby amended by deleting such
Section in its entirety and inserting the following in its place:
"(a) This Agreement will become effective on May 8, 1994 and will continue in
effect thereafter until [*] years from the implementation date of the [*]
Aircraft under the Chautauqua Jet Service Agreement, unless it is terminated
at an earlier date pursuant to one or more of the provisions of Article 9,
and provided that in the event the term of the Chautauqua Jet Service
Agreement is extended, the term of this Agreement shall be extended to the
same date."
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3. Section 9.01 (c) of the Service Agreement is hereby amended by deleting the
last sentence of such Section and inserting the following in its place:
"If the parties hereto are unable to agree whether any change or changes to this
Agreement are necessary and proper, or as to the terms of such changes, or
whether this Agreement should be cancelled in light of the occurrences described
about, and such failure to reach agreement shall continue for a period of [*]
following the commencement of the consultations provided for by this Section
9.01(c), then [*]."
4. Section 9.02(e) of the Service Agreement is hereby amended by deleting such
Section in its entirety and inserting the following in its place:
"Contractor shall have the right to terminate this Agreement [*] to US Airways
in the event US Airways [*]."
5. Section 12.02 of the Service Agreement is hereby amended by deleting the
addresses for notices to Contractor and inserting the following in their place"
Chautauqua Airlines, Inc.
0000 X. Xxxx Xxxxxx Xxxx
Xxxxxxxxxxxx, XX 00000
Attn: President
Telephone: (000) 000-0000
Facsimile (000) 000-0000
With a copy to:
Wexford Management LLC
000 Xxxx Xxxxxx Xxxxxx
Xxxxxxxxx, XX 00000
Attn: President & General Counsel
Telephone: (000) 000-0000
Facsimile: (000) 000-0000 & (000) 000-0000"
6. The effective date of this Amendment shall be [*].
7. Except as amended hereby, the Services Agreement shall remain in full force
and effect.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their duties authorized representatives.
CHAUTAUQUA AIRLINES, INC. US AIRWAYS, INC.
/s/ Xxxxxx Xxxxx /s/ Xxxxxxx X. Xxxxxx
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By: Xxxxxx Xxxxx By: Xxxxxxx X. Xxxxxx
Title: Vice President Title: Vice President
Chautauqua Airlines, Inc. US Airways Express
/s/ Kia X. Xxxxx /s/
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Witness Witness
[SEAL] [SEAL]
