Frontier Airlines 2006 Annual Report Download - page 203

D. CONTRACTOR’S SUPPLIES LIABILITY
Contractor hereby assumes liability for and agrees to indemnify, release, defend, protect, save and hold United and its
officers, directors, agents and employees from and against any and all liabilities, damages, losses, claims, demands, suits, fines or
judgments, including but not limited to attorneys’ and witnesses’ fees, costs and expenses incident thereto, which may be suffered by,
accrue against, be charged to or be recovered from United or its officers, directors, employees, or agents by reason of any losses or
damages incurred on account of the loss, misapplication, theft or forgery of passenger tickets, exchange orders or other supplies
furnished by or on behalf of United to Contractor, or the proceeds thereof, whether or not such proceeds have been deposited in a bank
and whether or not such loss is occasioned by the insolvency or bankruptcy of a bank in which Contractor may have deposited such
proceeds, other than a loss caused by a bank to which funds have been transmitted at the express direction of United. Contractor’s
responsibility hereunder for passenger tickets, exchange orders and other supplies will commence immediately upon the delivery of
said passenger tickets, exchange orders, and other supplies into the possession of Contractor or any duly authorized officer, agent or
employee of Contractor. United will furnish Contractor prompt and timely notice of any claims made or suits instituted against United
which in any way may result in the indemnification hereunder, and Contractor will have the right to compromise or participate in the
defense of same to the extent of its own interest. This paragraph does not apply in situations to the extent the losses or damages are
caused by the willful misconduct or gross negligence of United or its officers, directors, employees, or agents.
E. INDEMNITY FOR INFORMATION
Each party hereby assumes liability for and agrees to release, defend, protect, save, indemnify and hold the other party, its officers,
directors, employees and agents harmless from all liabilities, damages, losses, claims, demands, suits, fines or judgments including,
but not limited to, attorneys’ and witness’ fees, costs and expenses incident thereto, of such party and any third person, express or
implied, arising by law or otherwise, as a result of, or related to, any material errors in information provided by the other party under
this Agreement, regardless of any contributory negligence of the other party either active, passive or otherwise (but excluding the
gross negligence or willful misconduct of the other party or its officers, directors, employees or agents). Each party’s waiver and
release to the other party in this Article XIII.F applies to 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, notwithstanding the above, this paragraph does not apply to losses or damages to the extent they are under [*]
per year or to the extent they are in excess of [*] per year.
F. CERTAIN DEFINITIONS
As used in this Article XIII for purposes of identifying an indemnified party, all references to United include United’s parent
company, and any wholly-owned subsidiary of United or its parent, and their respective employees, officers, directors and agents, and
all references to Contractor include Contractor’s parent company, and any wholly-owned subsidiary of Contractor or its parent, and
their respective employees, officers, directors and agents. For purposes of this Article XIII any passenger who connects in any city
from a flight on United or Contractor (the “Carrying Party”) within four (4) hours after the end of such flight to a flight of the other
party (the “Connecting Party”) become passengers of the Connecting Party when such passenger enters the hold room or waiting
area to which they were deplaned in such city from the Carrying Party’s flight to such on-line city. A passenger of the Carrying Party
who does not have a connecting flight with the other party hereto and prior to entering the hold room or waiting area after deplaning
from the Carrying Party’s flight in the Connection City is a passenger of the Carrying Party. For purposes of this Article XIII, neither
loading bridges, hallways, stairways, nor ramp areas will be considered part of the hold room or waiting area.
XIV. REPORTS
A. BOARDING INFORMATION
Information reports containing data covering boarding, and other information agreed to by the parties for Contractor’s
operations hereunder will be produced from the close-out entries and provided by United to Contractor on a monthly basis 15 days
after the month end.
B. OPERATING PERFORMANCE
Source: REPUBLIC AIRWAYS HOLDINGS INC, 10-K, March 15, 2007 Powered by Morningstar® Document Research℠