Frontier Airlines 2006 Annual Report Download - page 257

make Frontier responsible for such safety matters.
Section 4.07 Codeshare Terms. RAI agrees to operate all Scheduled Flights using the Frontier flight code and flight
numbers assigned by Frontier, or such other flight codes and flight numbers as may be assigned by Frontier (to accommodate, for
example, a Frontier alliance partner), and otherwise under the codeshare terms set forth in Exhibit E .
Section 4.08 Slots and Route Authorities. Should Frontier schedule Covered Aircraft on international routes, Frontier will
provide RAI notice of such intent no fewer than 150 days in advance of the intended start date. To the extent permitted under
applicable laws and regulations, Frontier will obtain the necessary slots, route authorities or other approval required for such service at
its own cost and expense, provided such items may be held and controlled by Frontier. If it is required that RAI, as the operator of the
Scheduled Flights, obtain the authorities and approvals, or if Frontier is prohibited from holding such authorities and approvals in its
own name, RAI will use its commercially reasonable efforts to obtain all necessary licenses, permits, route authorities or slots and
complete all necessary filings and registrations, all at RAI’s sole cost and expense, in order to initiate such service. During the Term,
RAI will operate Scheduled Flights on these routes solely on behalf of Frontier. At the request of Frontier made during the Term or
upon termination of this Agreement, so long as Frontier is not in breach of a material obligation under this Agreement, RAI shall use
its commercially reasonable efforts to transfer to Frontier or its designee, to the extent permitted by law, any airport takeoff or landing
slots, route authorities or other similar regulatory authorizations held by RAI in connection with Scheduled Flights, or held or acquired
by RAI and used for Scheduled Flights, in consideration of the payment to RAI of the reasonable, documented out of pocket expenses
incurred by RAI in order to obtain such transferred rights, authorities and slots. Frontier will be responsible for all costs and expenses
relating to such assignment, including without limitation reasonable attorneys’ fees. RAI's obligations herein shall survive the
termination of this Agreement for so long as any transfer requested pursuant to this Section 4.08 shall not have been completed. RAI
hereby agrees that all of RAI's contacts or communications with any applicable regulatory authority concerning any airport takeoff or
landing slots, route authorities or other similar regulatory authorizations used for Scheduled Flights will be coordinated through
Frontier. If any airport takeoff or landing slot, route authority or other similar regulatory authorization transferred to RAI by Frontier
for use in connection with Scheduled Flights, or held by RAI and used for Scheduled Flights, is withdrawn or otherwise forfeited as a
result of circumstances or events within RAI's reasonable control, then RAI agrees (i) to purchase a reasonably acceptable replacement
slot, route authority or other similar regulatory authorization, or (ii) to pay to Frontier promptly upon demand an amount equal to the
greater of (y) [* ]of the revenue loss for [*] days after the date such slot, authority or authorization is withdrawn or forfeited, or (z) the
interrupted trip expense and reaccommodation costs incurred by Frontier due to the withdrawal or forfeiture of the slot, authority or
authorization.
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* Confidential
Source: REPUBLIC AIRWAYS HOLDINGS INC, 10-K, March 15, 2007 Powered by Morningstar® Document Research℠