Frontier Airlines 2006 Annual Report Download - page 157

ATTACHMENT "F" SCHEDULE RELIABILITY GUARANTEE
n. Certification or Regulatory Changes: The achieved maintenance interruption shall not take into account those interruptions,
which were originated by conformity to mandatory regulatory change.
o. Achieved Dispatch Reliability Review Meeting: An Achieved Dispatch Reliability Review Meeting shall be scheduled, if
necessary, and at the end of each six (6) month period of Buyer's Aircraft operation. Representatives of Buyer and Embraer
shall participate in the meetings and will:
1. Review current Achieved Dispatch Reliability;
2. Eliminate irrelevant or non-Aircraft-intrinsic interruption claims from computed cancellation rates; and
3. Review Buyer's compliance with Service Bulletins as required by Article III.j herein, review disputed claims, and
consider methods for improvement of Achieved Dispatch Reliability.
Buyer shall permit Embraer access to all Buyer data which can be used in understanding and analyzing the dispatch
reliability failure.
p. Duplicated Guarantee: If Buyer negotiates directly with any of Embraer’s suppliers/vendors a particular dispatch or
completion reliability guarantee, or an alternative support program with Embraer, this amount shall be excluded from the
guarantee rate, specified in Article III.a, and shall result in an appropriate recalculation of this guarantee in accordance with
Embraer criteria.
IV. Suspension
a. This guarantee shall be automatically suspended and shall not apply during the period of any labor disruption or dispute
involving a significant work action, which affects in whole or in part the Aircraft normal operation and maintenance.
b. This guarantee shall be automatically suspended and shall not apply during the computation period of which worldwide
EMBRAER 170 fleet (excluding Buyer’s Aircraft) average dispatch reliability percentage is at least 1% higher than
Buyer’s Aircraft dispatch reliability percentage.
V. Buyer will not include in the calculation of the ADRP Maintenance Interruptions occurring under any of the circumstances listed
below:
a. When the Aircraft has been used in an attempt to break records, or subjected to experimental flights, or in any other way not
in conformity with the flight manual or the airworthiness certificate, or subject to any manner of use in contravention of the
applicable aerial navigation or other regulations or rules, issued or recommended by government authorities of whatever
country in which the Aircraft is operated, when accepted and recommended by ICAO; and
b. When the Aircraft or any of its parts has/have been altered or modified by Buyer, without prior approval from Embraer or
from the manufacturer of the parts through a service bulletin, provided such approval has not been unreasonably withheld.
VI. THE GUARANTEES, OBLIGATIONS AND LIABILITIES OF EMBRAER, AND REMEDIES OF BUYER SET FORTH IN
THIS SCHEDULE RELIABILITY GUARANTEE ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND BUYER
HEREBY WAIVES, RELEASES AND RENOUNCES, ALL OTHER RIGHTS, CLAIMS, DAMAGES AND REMEDIES OF
BUYER AGAINST EMBRAER OR ANY ASSIGNEE OF EMBRAER, EXPRESS OR IMPLIED, ARISING BY LAW OR
Source: REPUBLIC AIRWAYS HOLDINGS INC, 10-K, March 15, 2007 Powered by Morningstar® Document Research℠