Common use of Priority Use Clause in Contracts

Priority Use. Provided Company is complying with the Minimum Use Requirement (as hereinafter set forth) for an Airline Gate Area, the Company shall have the first preferential use rights to such Airline Gate Area for a First Preference User. At times when an Airline Gate Area is not needed to accommodate the flights of a First Preference User, it shall promptly be made available to an Air Transportation Company if the Board so requests, provided that an Air Transportation Company’s use of an Airline Gate Area will not result in substantial labor disharmony between a First Preference User’s employees or service providers and those of an Air Transportation Company’s employees or service providers. The Company shall give an Air Transportation Company which is utilizing a Airline Gate Area and the Board at least sixty (60) days prior written notice of the need to require an Air Transportation Company to cease using an Airline Gate Area on the days and at the times specified in such notice due to a First Preference User’s verifiable plans to operate a flight at a time that would actually conflict with an Air Transportation Company’s use of the Airline Gate Area; provided that a First Preference User’s flights shall not be diverted from any other gate at the Airport to create a conflict; provided further, that a First Preference User shall use its commercially reasonable efforts to use other reasonably available leased gates of the First Preference User at the Airport prior to serving such notice to an Air Transportation Company. In connection with an Air Transportation Company’s use of an Airline Gate Area under this subsection (C)(1), it shall only be permitted to use the Airline Gate Area for such time as is reasonably required for passenger and baggage loading and unloading operations and ground handling services and an Air Transportation Company shall not be permitted to park its aircraft at the Airline Gate Area after the time reasonably required to load or unload passengers and baggage without the consent of the Company. An Airline shall remove 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 delays or irregular operations because of weather, mechanical problems or unanticipated causes, the affected Airlines will cooperate to minimize the inconvenience to passengers of both Airlines, however, ultimate preference shall be given to a First Preferential User. If a First Preference User is required to use an alternative gate due to such irregular operations, the First Preference User shall not be charged an additional gate fee for such usage.