Frontier Airlines 2006 Annual Report Download - page 205

F. GOVERNMENT FILINGS
Contractor will be responsible for filing all reports relating to its operations with the DOT, FAA and other applicable
government agencies (other than any such reports for which United has assumed the responsibility to file them on Contractor’s
behalf), and commencing at such time as it commenced United Express flight operations, Contractor will promptly furnish United
with copies of all such reports and such other available traffic and operating reports as United may request from time to time during
the life of this Agreement. To the extent only United is in possession of relevant statistics used in such reports, United will provide
such available statistics to Contractor as necessary for Contractor to complete these filings. If United fails to provide such statistics to
Contractor sufficiently in advance of the applicable deadline for such filings, and Contractor is unable to submit such filings by the
deadline because of such delay, United will reimburse Contractor for any fines or penalties incurred by Contractor as a result of its
failure to submit such filings by the deadline.
G. COPY OF GOVERNMENT REPORTS
Contractor will promptly furnish United with a copy of every final report that Contractor prepares, whether or not such report
is filed with the FAA, NTSB or any other governmental agency, relating to any accident or incident involving an aircraft used by
Contractor pursuant to this Agreement, when such accident or incident is claimed to have resulted in the death or injury to any person
or the loss of, major damage to or destruction of any property.
XV. INDEPENDENT CONTRACTORS AND UNAUTHORIZED OBLIGATIONS
A. INDEPENDENT CONTRACTORS
1. The employees, agents and independent contractors of each party hereto (the “Employer”) engaged in performing any
of the services the Employer is to perform pursuant to this Agreement are employees, agents, and independent contractors of the
Employer for all purposes and under no circumstances will be deemed to be employees or agents or independent contractors of the
other Party (the “non-Employer”). The Non-Employer will have no supervision or control over any such Employer’s employees,
agents and independent contractors and any complaint or requested change in procedure made by the Non-Employer will be
transmitted by it to the Employer’s designated representatives. In its performance under this Agreement, each party will act for all
purposes, as an independent contractor and not as an agent for the other party.
2. Notwithstanding the fact that Contractor has agreed to follow certain procedures, instructions and United Express
Service Standards pursuant to this Agreement, United will have no supervisory power or control over any employees, agents or
independent contractors engaged by Contractor in connection with its performance hereunder, and all complaints or requested changes
in procedures made by United will, in all events, be transmitted by United to Contractor’s designated representatives. Nothing
contained in this Agreement is intended to limit or condition Contractor’s control over its operations or the conduct of its business as
an air carrier, and Contractor and its principals assume all risks of financial losses which may result from the operation of the air
services to be provided by Contractor hereunder.
B. EMPLOYEES
The employees, agents and independent contractors of United engaged in performing any of the services United is to perform
pursuant to this Agreement are employees, agents and independent contractors of United for all purposes and under no circumstances
will be deemed to be employees, agents or independent contractors of Contractor. Contractor will have no supervision or control over
any such United employees, agents and independent contractors and any complaint or requested change in procedure made by
Contractor will be transmitted by Contractor to United’s designated representatives. In its performance under this Agreement, United
will act, for all purposes, as an independent contractor and not as an agent for Contractor.
C. UNAUTHORIZED OBLIGATIONS
1. Nothing in this Agreement authorizes United to make any contract, agreement, warranty or representation on
Contractor’s behalf, or to incur any debt or obligation in Contractor’s name (“Contractor Unauthorized Obligation”); and United
hereby agrees to defend, indemnify, save, release and hold Contractor and its officers, directors, employees and agents harmless from
Source: REPUBLIC AIRWAYS HOLDINGS INC, 10-K, March 15, 2007 Powered by Morningstar® Document Research℠