Exempted Projects. Notwithstanding the foregoing, certain Capital Expenditures will not require a Signatory Airline Consultation Process and will be excluded from a Majority in Interest Vote as follows: (a) Capital Improvement Projects on the Pre-Approved CIP, as long as the aggregate Capital Expenditures for such Capital Improvement Projects do not increase more than ten percent (10%) over the previously approved aggregate Capital Expenditures to be included in Signatory Airlines’ Rents; (b) Any New Capital Improvement Project and associated Capital Expenditure having a net cost (i.e., gross costs less any federal or State grants or PFC revenues) to ▇▇▇▇ of less than five hundred thousand ($500,000), to be included in Signatory Airlines’ Rents, as long as the sum of all Capital Expenditures for New Capital Improvement Projects, that are not otherwise excluded from a Majority in Interest Vote, in the Fiscal Year do not exceed one million and five hundred thousand dollars ($1,500,000), to be included in Signatory Airlines’ Rents. The aforementioned upset limit amounts are subject to annual adjustment each July of the Term hereof based on the percentage change in the Implicit Price Deflator Index since July 2008; (c) Any New Capital Improvement Project and associated Capital Expenditure required by any agency of the U. S. Government having jurisdiction over activities within the Airport System or by federal law or executive order; (d) Any New Capital Improvement Project and associated Capital Expenditure whose principal purpose is to repair casualty damage at the Airport System or to Airport System property; (e) Any New Capital Improvement Project and associated Capital Expenditure required to settle claims, satisfy judgments or comply with judicial orders against ▇▇▇▇, the Authority or the City by reason of ownership, operation, or maintenance of the Airport System; (f) Any New Capital Improvement Project and associated Capital Expenditure that is related to any hazardous substance release; (g) Any New Capital Improvement Project and associated Capital Expenditure related to regulatory, security or safety matters, as determined by ▇▇▇▇ or the Authority, in its discretion; (h) Any New Capital Improvement Project that ▇▇▇▇ undertakes for an individual Airport tenant, for which ▇▇▇▇ intends to recover the associated Capital Expenditure from that tenant and in the event that ▇▇▇▇ is unable to recover the associated Capital Expenditure from that tenant, the associated Capital Expenditure shall not be included in an Airline Cost Center rate base; (i) Any previously approved New Capital Improvements Project, not on the Pre-Approved CIP, as long as the Capital Expenditure for such New Capital Improvement Project does not increase more than ten percent (10%) over the previously approved Capital Expenditure to be included in Signatory Airlines’ Rents; (j) Any New Capital Improvement Project and associated Capital Expenditure for additional Terminal space or related facilities for the expansion of a Requesting Air Transportation Company, or to make space or facilities available in the Terminal to accommodate new air service as long as the Requesting Air Transportation Company enters into an agreement with ▇▇▇▇ for the remaining Term of this Agreement to lease such space, provided that existing space and facilities are not otherwise available to accommodate such needs, as reasonably determined by ▇▇▇▇; and in the event that ▇▇▇▇ is unable to recover the associated Capital Expenditure from such Requesting Air Transportation Company, the associated Capital Expenditure shall not be included in an Airline Cost Center rate base; and (k) Any New Capital Improvement Project and associated Capital Expenditure of an emergency nature, as reasonably determined by ▇▇▇▇.
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Exempted Projects. Notwithstanding the foregoing, certain Capital Expenditures will not require a Signatory Airline Consultation Process and will be excluded from inclusion in a Majority in Interest Vote MII vote as follows:
(a) 1. The Approved Capital Improvement Projects on the Pre-Approved CIPProgram, as so long as the aggregate Capital Expenditures Expenditure for such the Approved Capital Improvement Projects do Program does not increase more than ten percent (10%) over the previously approved estimated aggregate Capital Expenditures to be Expenditure as shown on Exhibit E-1;
2. Any reallocation of all or a portion of the funding approved for one or more projects in the Approved Capital Improvement Program set forth on Exhibit E-1 for another Capital Improvement Project(s), or a portion thereof, included in the Approved Capital Improvement Program, so long as City provides the Signatory Airlines’ RentsAirlines with a written notification of the reallocation, an opportunity for a consultation discussion if requested by any of the Signatory Airlines and a revised Exhibit E-1;
(b) 3. Any New Capital Improvement Project and associated Capital Expenditure having a net cost (i.e., gross costs less any federal or State grants or PFC revenues) to ▇▇▇▇ of less than five hundred thousand ($500,000), to be included in Signatory Airlines’ Rents, as long as the sum of all Capital Expenditures for New Capital Improvement Projects, that are not otherwise excluded from a Majority in Interest Vote, in the Fiscal Year do not exceed one million and five hundred thousand dollars ($1,500,000), to be included in Signatory Airlines’ Rents. The aforementioned upset limit amounts are subject to annual adjustment each July of the Term hereof based on the percentage change in the Implicit Price Deflator Index since July 2008;
(c) Any New Capital Improvement Project and associated Capital Expenditure required by any agency of the U. S. Government United States government or the Commonwealth of Pennsylvania having jurisdiction over activities within the Airport System or by federal law or executive order;
(d) 4. Any New Capital Improvement Project and associated Capital Expenditure whose principal purpose is to repair casualty damage at the Airport System or to Airport System propertyproperty which must be repaired in order for City to meet its obligations under this Agreement or under any Bond Documents related to the Airport System, the cost of which exceeds the proceeds of insurance;
(e) 5. Any New Capital Improvement Project and associated Capital Expenditure required to settle claims, satisfy judgments or comply with judicial orders against ▇▇▇▇, the Authority State or the City by reason of ownership, operation, or maintenance of the Airport System;. To the extent City is able to recoup all or some of its expenditures from insurance proceeds, such amounts shall be refunded to the Airline Cost Center, prorated as applicable; or
(f) 6. Any New Capital Improvement Project and associated Capital Expenditure that is related to any hazardous substance release;
(g) Any New Capital Improvement Project and associated Capital Expenditure related to regulatory, security or safety matters, as determined by ▇▇▇▇ or the Authority, in its discretion;
(h) Any New Capital Improvement Project that ▇▇▇▇ undertakes for an individual Airport tenant, for which ▇▇▇▇ intends to recover the associated Capital Expenditure from that tenant and in the event that ▇▇▇▇ is unable to recover the associated Capital Expenditure from that tenant, the associated Capital Expenditure shall not be included in an Airline Cost Center rate base;
(i) Any previously approved New Capital Improvements Project, not on the Pre-Approved CIP, as long as the Capital Expenditure for such New Capital Improvement Project does not increase more than ten percent (10%) over the previously approved Capital Expenditure to be included in Signatory Airlines’ Rents;
(j) Any New Capital Improvement Project and associated Capital Expenditure for additional Terminal space or related facilities for the expansion of a Requesting Air Transportation Company, or to make space or facilities available in the Terminal to accommodate new air service as long as the Requesting Air Transportation Company enters into an agreement with ▇▇▇▇ for the remaining Term of this Agreement to lease such space, provided that existing space and facilities are not otherwise available to accommodate such needs, as reasonably determined by ▇▇▇▇; and in the event that ▇▇▇▇ is unable to recover the associated Capital Expenditure from such Requesting Air Transportation Company, the associated Capital Expenditure shall not be included in an Airline Cost Center rate base; and
(k) Any New Capital Improvement Project and associated Capital Expenditure of an emergency nature, as reasonably determined by ▇▇▇▇City.
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