Common use of Failure Notification Clause in Contracts

Failure Notification. Upon a second failure of NAVITAIRE to meet Minimum System Availability Targets, the issue shall be escalated to the CEO or President level of each company. Customer may notify NAVITAIRE, in writing, of the failure to meet Minimum System Availability Targets. Upon receipt of such notice, NAVITAIRE will begin reporting System Availability in weekly Reporting Periods and will communicate to Customer within five (5) business days and in writing the status of improvement in performance. Subject to the remaining terms hereof, if NAVITAIRE fails to meet the Minimum System Availability Target for the Hosted Reservations Services in any given calendar month (Reporting Period) in any consecutive twelve (12) month period, NAVITAIRE will provide Customer a credit of the Monthly Recurring Service Fees for such month according to the following schedule: (i) First Month Service Level is missed – ***** of the Monthly Recurring Service Fees for the Hosted Reservations Services as multiplied by the applicable percentage of outage as detailed in Section 9.2.1 of this Exhibit A. (ii) Second Month Service Level is missed – ***** of the Monthly Recurring Service Fees for the Hosted Reservations Services as multiplied by the applicable percentage of outage as detailed in Section 9.2.1 of this Exhibit A. (iii) Third Month Service Level is missed – ***** of the Monthly Recurring Service Fees for the Hosted Reservations Services as multiplied by the applicable percentage of outage as detailed in Section 9.2.1 of this Exhibit A. (iv) Fourth Month Service Level is missed – ***** of the Monthly Recurring Service Fees for the Hosted Reservations Services as multiplied by the applicable percentage of outage as detailed in Section 9.2.1 of this Exhibit A. Additionally, in the event that the NAVITAIRE fails to meets a 2nd tier of the Minimum System Availability Target, which is ninety nine point five (99.5%), an additional ***** of the Monthly Recurring Service Fees for the Hosted Reservations Services will be added to the applicable credit due Customer as defined above. Additionally, in the event that the NAVITAIRE fails to meets a 3rd tier of the Minimum System Availability Target, which is ninety eight percent (98%), an additional ***** of the Monthly Recurring Service Fees for the Hosted Reservations Services will be added to the applicable credit due Customer as defined above. If NAVITAIRE fails to meet the Minimum System Availability Target for the Hosted Reservations Services for ***** or more months in any twelve (12) month period, Customer may terminate this Agreement in accordance with Section 5.2.1 of the Agreement hereof. Additionally, NAVITAIRE will use commercially reasonable efforts to work with Customer and its selected vendor to move the data to another reservation system vendor, charging the Customer for time and materials. ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. NAVITAIRE agrees to provide contacts for the following areas. Customer should use these contacts as necessary. Customer contact with non-authorized NAVITAIRE personnel may result in direct Consultation Fees as described in Exhibits A, B and F. 1 NAVITAIRE Global Support Centre Contact

Failure Notification. Upon a second failure of NAVITAIRE to meet Minimum System Availability Targets, the issue shall be escalated to the CEO or President level of each company. Customer may notify NAVITAIRE, in writing, of the failure to meet Minimum System Availability Targets. Upon receipt of such notice, NAVITAIRE will begin reporting System Availability in weekly Reporting Periods and will communicate to Customer within five (5) business days and in writing the status of improvement in performance. Subject to the remaining terms hereof, if NAVITAIRE fails to meet the Minimum System Availability Target for the Hosted Reservations Services in any given calendar month (Reporting Period) in any consecutive twelve (12) month period, NAVITAIRE will provide Customer a credit of the Monthly Recurring Service Fees for such month according to the following schedule: (i) First Month Service Level is missed – - [***** ] of the Monthly Recurring Service Fees for the Hosted Reservations Services as multiplied by the applicable percentage of outage as detailed in Section 9.2.1 of this Exhibit A. (ii) Second Month Service Level is missed – - [***** ] of the Monthly Recurring Service Fees for the Hosted Reservations Services as multiplied by the applicable percentage of outage as detailed in Section 9.2.1 of this Exhibit A. (iii) Third Month Service Level is missed – - [***** ] of the Monthly Recurring Service Fees for the Hosted Reservations Services as multiplied by the applicable percentage of outage as detailed in Section 9.2.1 of this Exhibit A. (iv) Fourth Month Service Level is missed – - [***** ] of the Monthly Recurring Service Fees for the Hosted Reservations Services as multiplied by the applicable percentage of outage as detailed in Section 9.2.1 of this Exhibit A. Additionally, in the event that the NAVITAIRE fails to meets a 2nd tier of the Minimum System Availability Target, which is ninety nine point five (99.5%), an additional [***** ] of the Monthly Recurring Service Fees for the Hosted Reservations Services will be added to the applicable credit due Customer as defined above. Additionally, in the event that the NAVITAIRE fails to meets a 3rd tier of the Minimum System Availability Target, which is ninety eight percent (98%), an additional [***** ] of the Monthly Recurring Service Fees for the Hosted Reservations Services will be added to the applicable credit due Customer as defined above. If NAVITAIRE fails to meet the Minimum System Availability Target for the Hosted Reservations Services for [***** ] or more months in any twelve (12) month period, Customer may terminate this Agreement in accordance with Section 5.2.1 of the Agreement hereof. Additionally, NAVITAIRE will use commercially reasonable efforts to work with Customer and its selected vendor to move the data to another reservation system vendor, charging the Customer for time and materials. ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. NAVITAIRE agrees to provide contacts for the following areas. Customer should use these contacts as necessary. Customer contact with non-authorized NAVITAIRE personnel may result in direct Consultation Fees as described in Exhibits A, B and F. 1 NAVITAIRE Global Support Centre ContactContact 2 NAVITAIRE Account Manager Name: Phone: Title: Fax: Address: E-mail: 3 NAVITAIRE Account Executive Sponsor Name: Phone: Title: E-mail: Address: 4 NAVITAIRE Account Technical Sponsor Name: Phone: Title: E-mail: Address: 5 NAVITAIRE Financial Contacts 1 Customer Emergency Contact Telephone: 2 Customer Account Liaison Name: Phone: Title: Fax: Address: E-mail: 3 Customer Revenue Management Contact (if applicable) Name: Phone: Title: E-mail: Fax: 4 Customer Executive Sponsor Name: Phone: Title: E-mail: Fax: 5 Customer Authorized Support Contact(s) Name: Phone: Title: E-mail: Fax: Name: Phone: Title: E-mail: Fax: Name: Phone: Title: E-mail: Fax: Name: Phone: Title: E-mail: Fax: 6 Customer Financial/Accounts Payable Contact Name: Phone: Title: E-mail: Address: 7 Customer Revenue Accounting Contact (if applicable) Name: Phone: Title: E-mail: Fax: