Frontier Airlines 2006 Annual Report Download - page 192

defense and payment, Contractor must (i) give United prompt written notice of any such claim and (ii) allow United to control the
defense of the claim and all related settlement negotiations and fully cooperate with United in its defense of the claim and the conduct
of any settlement negotiations. United’s obligation hereunder is conditioned on Contractor’s agreement that if any Mark becomes, or
in United’s opinion is likely to become, the subject of such a claim, Contractor will not dispute that United, at its option, may either
procure the right for Contractor to continue using such Mark or to replace or modify such Mark so that it becomes non-infringing. If a
United Mark is changed, it is United’s responsibility to compensate Contractor for any incremental costs due to the Mark being
changed. This Article VI.C states United’s entire obligation to Contractor regarding infringement or the like.
VII. ADDITIONAL UNDERTAKINGS
A. PASS THROUGH COSTS
From time to time and at anytime, United reserves the right to assume responsibility from Contractor for purchasing of all
Pass Through Cost products and services used by Contractor pursuant to this Agreement, including the right to return such
responsibility to Contractor with reasonable notice not to exceed 365 days.
B. BULK PURCHASES
Each party may assist the other in obtaining goods and services useful to the other party, including, without limitation, fuel,
uniforms, supplies and ground equipment, in a more economical manner. If United identifies opportunities for cost savings as a result
of bulk purchasing on behalf of Contractor, Contractor is obligated to participate in the new cost saving initiative. Contractor and
United shall agree on a case-by-case basis how to share the benefits of any cost savings initiatives.
C. FUEL
United, by or through it’s subsidiaries, agents or affiliates, shall have the option to procure fuel and fuel services for or on
behalf of Contractor. Contractor agrees to assist United, its subsidiaries, agents or affiliates in identifying fuel or fuel service
procurement opportunities, to provide data or analysis pursuant thereto, and to enter into agreements for the provision of said fuel or
fuel services, including any provisions therein, at the direction of United. United shall use its best efforts to accommodate any
operational or other requirements of Contractor related to fuel or fuel services procured for or on behalf of Contractor.
Source: REPUBLIC AIRWAYS HOLDINGS INC, 10-K, March 15, 2007 Powered by Morningstar® Document Research℠