Frontier Airlines 2010 Annual Report Download - page 157

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Date”). If Operator is unable to have available any ERJ-170 Additional Aircraft by its respective Delivery Date, Operator shall provide
written notice to Delta of such delay no later than sixty (60) days prior to each respective Delivery Date. If Operator does not provide such
written notice to Delta, Operator shall pay Delta the sum of [*] per day that each such ERJ-170 Additional Aircraft is not available for Delta
Connection service beyond such aircraft's respective Delivery Date due to circumstances within the control of Operator, up to a maximum of
[*] per each ERJ-170 Additional Aircraft.
C.
Operator and Republic, jointly and severally, represent and warrant to Delta that each of the ERJ-170
Additional Aircraft has been maintained in accordance with Operator's FAA approved maintenance program
and, excluding the Interior Modification (as defined in Section 3.G. below) scheduled C-checks of each type
and ordinary and routine maintenance requirements, each of the ERJ-170 Additional Aircraft is fully
operable, able to operate under the terms of the Agreement, and is not subject to any unusual or extraordinary
repair or maintenance requirements.
D.
N
otwithstanding anything in the Agreement to the contrary, each ERJ-170 Additional Aircraft shall be
included as an Aircraft under the Agreement only for a period of six (6) years commencing on the respective
Delivery Date of each ERJ-170 Additional Aircraft, and upon the conclusion of each such six-year period, the
applicable ERJ-170 Aircraft shall be removed from Delta Connection service and the scope of the Agreement
as of such date.
E.
Each of the ERJ-170 Additional Aircraft shall be repainted in the Delta-approved Delta Connection livery
p
rior to its respective Delivery Date, except for one (1) ERJ-170 Additional Aircraft, which shall be painted in
neutral livery. Operator shall be solely responsible for such repainting including, without limitation, all costs
and expenses associated with such repainting (and shall not be entitled to any reimbursement by Delta, under
the Agreement or otherwise, of any such costs or expenses).
F.
Each of the ERJ-170 Additional Aircraft shall be made available for Delta Connection service as
contemplated hereby initially with the designated seat configuration as set forth in Exhibit C (each, a
“Delivery Configuration”). Operator shall be solely responsible for having each of the ERJ-170 Additional
Aircraft so configured and all costs and expenses associated therewith (and shall not be entitled to any
reimbursement by Delta, under the Agreement or otherwise, of any such costs or expenses); provided,
however, that Delta shall be responsible for the costs of the [*] first class seats to be installed on the last two
(2) ERJ-170 Additional Aircraft made available for Delta Connection service as contemplated hereby.
G.
If any ERJ-170 Additional Aircraft are not in compliance with Delta Connection standards currently in place
on the ERJ 175AR aircraft that are Aircraft under the Agreement including, but not limited to, with respect to
cabin carpets, seat belts, seat covers, curtains, class dividers, seat track covers, bin strips (if applicable) and
laminates (the “Standards”), each such aircraft shall undergo additional modifications to conform to such
Standards (“Interior Modifications”) at a time to be determined by Delta in consultation with Operator.
Operator shall be solely responsible for the performance of the Interior Modifications including, without