Common use of COMMON USE Clause in Contracts

COMMON USE. During the period that Company’s preferential use rights with respect to an Airline Gate Area are terminated pursuant to subsection (C)(2), above, because of Company’s failure to meet the Minimum Use Requirements for the Airline Gate Area, the provisions of this subsection (C)(3) shall govern use of the Airline Gate Area. The Board, from time to time, in its sole discretion, shall have the right to assign and reassign positions at the Airline Gate Area to an Airline. The Board, in making such assignments and reassignments, will be guided by all pertinent factors and considerations, including, an Airline’s past utilization of the Airline Gate Area and its bona fide plans to increase utilization of the Airline Gate Area, the need for compatibility of flight times, operations, facilities, labor and equipment; and other adequate and available facilities at the Airport. The Board shall not be responsible for any costs associated with such assignments or reassignments. The Board in making such assignments and reassignments shall permit an Airline which has been continuously utilizing a position at the Airline Gate Area at specific flight times to continue to use such Airline Gate Area at such time(s) until the Board determines that such Airline has ceased actually using the Airline Gate Area at such time(s); provided that the Board may assign and reassign other available positions at the Airline Gate Area, if any, to other Airlines at such times. An Airline's arrival or departure time may vary up to fifteen (15) minutes without losing priority. Any Airline which ceases using the Airline Gate Area at specific flight times due to strikes, lockouts, acts of terrorism, or other causes beyond the Airline's reasonable control, shall not lose priority at the affected time(s) for a period of up to sixty (60) days; provided that the Airline shall use its commercially reasonable efforts to remove the cause as soon as possible within said sixty (60) day period and provided further that the Board may assign and reassign all positions at the Airline Gate Area to other unaffected Airlines during such period. An Airline will lose priority if it fails to commence utilization of the Airline Gate Area at the affected time(s) on the sixty-first (61st) day following the event which caused the Airline to cease using the Airline Gate Area at such time(s). The overnight parking of aircraft at the Airline Gate Area and the parking of aircraft at the Airline Gate Area for a later departure shall not be considered a utilization of the Airline Gate Area. The Board shall provide prior notice as soon as practicable to an Airline of such assignments or reassignments. An Airline shall not intentionally or willfully do anything or willfully fail to do any act which will hinder or disrupt the operations of the other Airline. An Airline shall remove its aircraft sufficiently in advance of the scheduled arrival of another Airline flight so as not to impede or interfere with such arrival. In the event of any conflict due to delays or irregular operations because of weather, mechanical problems or other unanticipated causes, such conflicts shall be resolved in the manner least likely to inconvenience the passengers of both Airlines, but ultimate preference shall be given to the Airline scheduled to be utilizing the gate at the affected time. Such conflicts shall be reasonably resolved by the Airlines whenever possible. In the absence of such resolution, the Chief Operating Officer shall resolve such conflicts. When the Airlines are able to resolve such conflicts, the Company shall promptly report the fact that a conflict occurred and its resolution to the Chief Operating Officer. During any period where an Air Transportation Company is using a Gate or Ticket Counter under this Section VIII, the Company shall not be responsible for the acts or omissions of such Air Transportation Company and the Board will require such Air Transportation Company to indemnify the Board and Company and furnish insurance in such amounts as is required by the Board.