Common use of Network Spares Clause in Contracts

Network Spares. Amazon may, in its sole discretion, designate one or more Aircraft (including any Spare Aircraft provided by a Carrier in response to an Amazon Spare Request) on the Flight Schedule to be available to provide backup or supplementary lift in support of Amazon’s network (each, a “Network Spare”); provided, however, that Amazon will not designate an uncrewed Network Spare until [***]. Hawaiian may use a Network Spare as a Substitute Aircraft or Spare Aircraft, except that: (a) such use will not interfere with the performance of Services in compliance with this Agreement; (b) Hawaiian will only use a Network Spare as a Substitute Aircraft or Spare Aircraft if an Amazon Leadership Representative provides prior written consent (which may be granted or withheld in Amazon’s sole discretion); (c) Hawaiian will reimburse Amazon for any landing fees or other costs (including incremental fuel burn, ferry flights and Variable Charges) in excess of those that Amazon would have incurred had the flights been operated by the affected Aircraft, except that if a Network Spare is dispatched pursuant to Section 2.11.4 and the flight which the Network Spare is covering is delayed such that it negatively affects the Arrival Performance calculation, then Amazon will be responsible for the cost of the ferry flight to position the Network Spare at the scheduled departure location; (d) Section 2.11.1 (Substitute Aircraft) and Section 2.11.3 (Spare Aircraft) will otherwise apply to Hawaiian’s use of a Network Spare as a Substitute Aircraft or a Spare Aircraft; and (e) if directed by Amazon, Carrier will use the Network Spare as a Spare Aircraft to cover for an Aircraft that is unavailable due to a Carrier Delay, which use will not be considered an Amazon Spare Request. With respect to any Network Spare, Carrier will staff the Aircraft to be available to depart the airport listed in the Flight Schedule within [***] minutes of Amazon’s request during each Availability Window(s) specified in the Flight Schedule (“Availability Window”). Carrier will use commercially reasonable efforts to maximize the duration of the Availability Window and if, at any time, Carrier ▇▇▇▇▇▇▇ aware that the Aircraft is not expected to be available for Amazon flights during an Availability Window, Carrier will promptly notify Amazon. If a Network Spare: (y) does not depart within [***] minutes due to a Carrier Delay; or (z) is otherwise unavailable during an Availability Window due to a Carrier Delay (for clarity, including each subsequent day such Network Spare remains unavailable but excluding a situation in which such Network Spare is unavailable because it is being used by a Carrier as a Spare Aircraft to support an Amazon Spare Request), then Hawaiian will pay to Amazon an amount equal to [***].

Network Spares. Amazon may, in its sole discretion, designate one or more Aircraft (including any Spare Aircraft provided by a Carrier in response to an Amazon Spare Request) on the Flight Schedule to be available to provide backup or supplementary lift in support of Amazon’s network (each, a “Network Spare”); provided. Amazon may also designate one or more Network Spares as uncrewed Network Spares, however, in which event the Carrier will ensure that Amazon will not designate an the uncrewed Network Spare until is airworthy and available to depart within [***]] minutes of Amazon’s request subject only to maintenance windows agreed as part of the Flight Schedule process described in Section 2.10.2 (“Uncrewed Network Spare”). Hawaiian Sun Country, at its sole cost and expense, may use a Network Spare or Uncrewed Network Spare as a Substitute Aircraft or Spare Aircraft, Aircraft except that: (a) such use will not interfere with the performance of Services in compliance with this Agreement; (b) Hawaiian Sun Country will only use a Network Spare or Uncrewed Network Spare as a Substitute Aircraft or Spare Aircraft if an Amazon Leadership Representative provides prior written consent (which may be granted or withheld in Amazon’s sole discretion); (c) Hawaiian Sun Country will reimburse Amazon for any landing fees fees, or other costs (including incremental fuel burn, ferry flights and Variable Charges) in excess of those that Amazon would have incurred under Section 2.6 had the flights been operated by the affected Aircraft, except that if a Network Spare is dispatched pursuant to Section 2.11.4 ; and the flight which the Network Spare is covering is delayed such that it negatively affects the Arrival Performance calculation, then Amazon will be responsible for the cost of the ferry flight to position the Network Spare at the scheduled departure location; (d) Section 2.11.1 (Substitute Aircraft) and Section 2.11.3 2.11.2 (Spare Aircraft) will otherwise apply to HawaiianSun Country’s use of a Network Spare as a Substitute Aircraft or a Spare Aircraft; and (e) if directed by Amazon, Carrier will use the Network Spare as a Spare Aircraft to cover for an Aircraft that is unavailable due to a Carrier Delay, which use will not be considered an Amazon Spare Request. With respect to any Network Spare, Carrier will staff the Aircraft to be available to depart the airport listed in the Flight Schedule within [***] minutes of Amazon’s request during each Availability Window(s) specified in the Flight Schedule (“Availability Window”). Carrier will use commercially reasonable efforts to maximize the duration of the Availability Window and if, at any time, Carrier ▇▇▇▇▇▇▇ aware that the Aircraft is not expected to be available for Amazon flights during an Availability Window, Carrier will promptly notify Amazon. If a Network SpareIf: (y) does a Network Spare is not depart within [***] minutes due to a Carrier Delay; or (z) is otherwise unavailable available during an Availability Window due to a Carrier Delay (for clarity, not including each subsequent day such Network Spare remains unavailable but excluding a situation in which such Network Spare is unavailable because it is being used by a Carrier as a Spare Aircraft to support an Amazon Spare Request); or (z) an Uncrewed Network Spare is unavailable within [***] minutes of Amazon’s request (subject to the availability of Flight Crew, then Hawaiian it being agreed that a Flight Crew assigned to an Aircraft being replaced by an Uncrewed Network Spare at the same location will be deemed to be available (subject to flight or duty limits under the applicable FAA regulations or the Carrier’s Collective Bargaining Agreement) and, for clarity, not including a situation in which such Uncrewed Network Spare is unavailable because it is being used by a Carrier as a Spare Aircraft to support an Amazon Spare Request) then, for each day that such Network Spare or Uncrewed Network Spare remains unavailable, Sun Country will pay to Amazon an amount equal to [***]] of the Fixed Monthly Charge for the Network Spare or Uncrewed Network Spare.