Frontier Airlines 2006 Annual Report Download - page 185

6. No Warranty; Release.
UNITED MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE
AUTOMATION EQUIPMENT OR APOLLO SERVICES.
CONTRACTOR HEREBY WAIVES AND RELEASES UNITED AND ITS AFFILIATES, AND THEIR SUCCESSORS FROM
ANY AND ALL OTHER OBLIGATIONS AND LIABILITIES AND ALL RIGHTS, CLAIMS AND REMEDIES OF
CONTRACTOR AGAINST UNITED OR ITS AFFILIATES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE,
DUE TO ANY DEFECTS, ERRORS (INCLUDING, WITHOUT LIMITATION, ANY ERRORS IN RESERVATIONS
AVAILABILITY RECORDS), MALFUNCTIONS OR INTERRUPTIONS OF SERVICE TO APOLLO SERVICES OR THE
AUTOMATION EQUIPMENT, INCLUDING ANY LIABILITY, OBLIGATION, RIGHT, CLAIM OR REMEDY IN TORT, AND
INCLUDING ANY LIABILITY, OBLIGATION, RIGHT, CLAIM OR REMEDY FOR LOSS OF REVENUE OR PROFIT OR ANY
OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES.
Contractor shall not be liable for, and United releases Contractor from, any liability for any flight cancellation or
delay, to the extent it results from any malfunction in or interruption of Apollo Services or the Automation Equipment; and,
notwithstanding any other provision hereof, no such cancellation or delay shall be included in any performance calculation relating to
operating goals except for occasions to the extent such failure is the result of Contractor’s own misuse or negligence.
7. Ownership and Liens. It is understood and agreed that: (i) all Automation Equipment will remain the sole property
of United; (ii) Contractor will not remove any identifying marks from any Automation Equipment; (iii) Contractor will not subject the
Automation Equipment to any lien or encumbrance; and (iv) Contractor will return the Automation Equipment to United immediately
upon the termination of this Agreement.
J. CONTRACTOR ASSISTANCE
Contractor will furnish United with all information in Contractor’s possession or that can be reasonably produced by
Contractor that United may require to carry out the services and functions contemplated by this Article III.
IV. AIR SERVICES TO BE PROVIDED BY CONTRACTOR
A. AIRCRAFT TO BE USED
1. Aircraft Types. Unless otherwise agreed by United, Contractor will provide Contractor’s United Express Services, in
accordance with its United Express Schedule as referenced in Article IV.B.1, and as amended from time to time in accordance with
the terms of this Agreement, using the type and amount of aircraft set forth in Appendix B. The aircraft will be scheduled, taking into
account heavy scheduled maintenance requirements, the spare ratio indicated in Article IV.B.2 below, and the schedule requirements
in Appendix K:
a. In accordance with the terms and conditions of this Agreement, Contractor is authorized to fly the following
aircraft under Contractor’s United Express Services:
i. [*] ERJ-170 aircraft which Contractor shall cause to be delivered in a timeline substantially consistent with
the schedule set forth on Appendix B.
B. TECHNICAL SPECIFICATIONS
1. Technical Specifications
a. Any aircraft used in United Express service by Contractor pursuant to Article IV.A will bear those United Marks
which are expressly designated by United, whether included on Appendix A or otherwise established by United. Technical
specifications covering aircraft colors, schemes, United Marks and other elements of exterior and interior aircraft decor will be
provided to Contractor by United. Except as provided herein, Contractor will have all aircraft used to provide Contractor’s United
Source: REPUBLIC AIRWAYS HOLDINGS INC, 10-K, March 15, 2007 Powered by Morningstar® Document Research℠