Frontier Airlines 2006 Annual Report Download - page 171

UNITED EXPRESS® AGREEMENT
This Agreement between United Airlines Inc. (“United”) and Shuttle America Corp. (“Contractor”) dated as of December 28,
2006, (a) amends and supercedes the United Express® Agreement between United and Republic Airline Inc., dated as of February 13,
2004, as previously amended (the “Republic Agreement”) and (b) amends and supercedes the United Express® Agreement between
United and Shuttle America Corp, dated as of February 13, 2004 as previously amended (the “Shuttle America Agreement”)
WITNESSETH:
WHEREAS, United holds a certificate of public convenience and necessity issued pursuant to the Federal Aviation Act of
1958 authorizing United to engage in air transportation of persons, property and mail, and is a major airline providing scheduled air
service in both national and international markets;
WHEREAS, Contractor is an air carrier holding a certificate of public convenience and necessity to be issued pursuant to the
Federal Aviation Act of 1958 that will authorize it to engage in air transportation of persons and property and provide high frequency,
short-haul scheduled service in particular regions;
WHEREAS, United owns various trademarks, service marks, trade names, logos, emblems, uniform designs and distinctive
exterior and interior color decor and patterns for its aircraft, including, but not limited to, the service mark United Express (hereinafter
referred to individually and collectively as “United Marks” or “Marks”);
WHEREAS, United has entered into agreements with several regional carriers to provide air transportation services under the
United Express mark for city pairs where it is generally uneconomic for United to operate such services;
WHEREAS, United will provide Contractor, pursuant to the terms of this Agreement, a non-exclusive license to use one or
more of the United Marks in connection with Contractor’s United Express Services.
NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and obligations hereinafter contained,
the parties agree as follows:
I. DEFINITIONS
A. “Aircraft Used in United Express Service” means any type and amount of aircraft set forth in Appendix B.
B. “Apollo Services” means the computerized Apollo Reservations and Ticketing Service (or any similar or substitute
service offered by or on behalf of United), which performs flight, hotel, rental car and other travel related services, reservations and
ticket issuance functions.
C. “Carrier Controlled Costs” means those types and categories of costs deemed within the control of Contractor as
provided in Appendix E.
D. “Contractor’s United Express Services” means the services or operations provided and maintained by Contractor in
connection with providing scheduled air transportation service as a United Express Carrier and related ground and other services to
United and its affiliates pursuant to the terms of this Agreement (including, without limitation, the services required under Article IV).
E. “Default” means, individually or collectively, a Section A Default, a Section B Default, a Section C Default, a Section
D Default, or a Section E Default, each as defined in Article XVI.
F. [Intentionally Omitted]
G. “Effective Date” means February 13, 2004.
Source: REPUBLIC AIRWAYS HOLDINGS INC, 10-K, March 15, 2007 Powered by Morningstar® Document Research℠