Frontier Airlines 2006 Annual Report Download - page 179

E. OPERATIONS
1. Scheduled Service Update. Following the departure of a Contractor’s United Express flight the Contractor will
provide accurate updates of its flights’ planned and actual departure and arrival times (including updates of irregularities) in Apollo
Services as soon as the planned flight schedule is changed and the flight departs and arrives or suffers an irregularity. Specifically, this
includes updating via ACARS or if ACARS is malfunctioning via a mutually agreed upon manual process the out, off, on and in times
for the aircraft within [*] minutes of the occurrence of each event. In the event of a Contractor’s controllable flight delays,
cancellations or other schedule irregularities affecting Contractor’s United Express Service flights, and as soon as information
concerning such irregularities is available, Contractor shall update Apollo Services and, when requested by United, notify the
designated United organization. On board delayed flights, Contractor shall provide updates to Customers in no less than [*] minute
intervals. For purposes of this Agreement, such scheduled and actual departure and arrival and irregularity information shall be known
as “FLIFO.” United will notify Contractor in writing as soon as practicable after United determines that Contractor has failed to
update FLIFO in a timely and accurate manner. If Contractor fails [*] times in any consecutive [*] period (the “FLIFO Threshold”) to
update FLIFO in a timely and accurate manner as soon as it becomes evident to Contractor that a schedule deviation shall take place,
then upon notification by United to Contractor, Contractor shall pay United damages of [*] for each occurrence over and above the
first [*] occurrences during such [*] period United agrees to bill Contractor any amount owed under this Section within [*] after the
end of each calendar [*] period during which Contractor has exceeded the FLIFO Threshold. Such damages shall be United’s
exclusive remedy for Contractor’s non-compliance with this paragraph and may be collected by setoffs against other amounts owed by
United to Contractor hereunder. Contractor shall not be responsible for any costs or failure by the Ground Handlers to update FLIFO
information.
2. Denied Boarding (Payload Range Restrictions). Contractor is required to provide to United, upon specific
written request from United, specific station best estimates regarding the weight restrictions and aircraft limitations, which could
reasonably be expected to routinely result in denied boardings. Such requests shall be made by United’s Revenue Management
Department (WHQIM) and responses from Contractor shall be provided within two (2) weeks of such request. In the event Contractor
fails to respond to such requests or such responses are materially inaccurate, United reserves the right to bill Contractor, and
Contractor shall reimburse United, for denied boarding expenses resulting from weight restrictions relating to such failure to respond
or materially inaccurate response.
3. No Flight Dispatch Duty. Contractor will be solely responsible for, and United will have no obligations or
duties with respect to, the dispatch of Contractor’s flights. For the purposes of this Article III, the term “dispatch” will include, but
will not be limited to, all planning of aircraft itineraries and routings, fueling and flight release.
4. Compliance with Statutes. Contractor hereby represents, warrants and covenants that all air transportation
services performed by it pursuant to this Agreement or otherwise will be conducted in full compliance with all applicable statutes,
orders, rules and regulations, whether now in effect or hereafter promulgated, of all governmental agencies having jurisdiction over
Contractor’s operations, including, but not limited to, the Federal Aviation Administration (“FAA”) and the Department of
Transportation (“DOT”). Contractor’s compliance with such governmental statutes, orders, rules and regulations will be the sole and
exclusive obligation of Contractor and United will have no obligation, responsibility or liability, whether direct or indirect, with
respect to such matters except as otherwise expressly provided herein. Additionally, Contractor will comply during the term of this
Agreement with the United/United Express Safety Standards, as described on Appendix H.
5. Weather Information Service. From time to time and upon the request of Contractor or its flight crews, United
may furnish Contractor’s flight crews with such U.S. Weather Bureau information or data as may be available to United; provided that
(i) in furnishing any such weather information or data to Contractor, neither United nor its employees or agents will be responsible or
liable for the accuracy thereof and, (ii) any and all costs or expenses associated with such weather information or data are carrier
controlled costs and will be paid by Contractor.
6. Diversions. United will pay Contractor for all diversions completed within [*] hours of the scheduled arrival
time based on the actual block hours flown from the original departure city to the diversion point and from the diversion point to the
original destination city. A diversion flight will also be considered completed if the passengers arrive at the scheduled arrival city
within [*] hours of the scheduled arrival time via ground transportation from the diversion point to the original destination city. The
cost of busing to the originally scheduled airport will be borne by Contractor. Contractor will use its best efforts to assure that no bus
Source: REPUBLIC AIRWAYS HOLDINGS INC, 10-K, March 15, 2007 Powered by Morningstar® Document Research℠