Requirements for Final Determination Sample Clauses

Requirements for Final Determination. ‌ In making accommodation decisions, the Port shall not be arbitrary and capricious. Such determinations by the Port shall take into consideration: (a) if the accommodation is requested due to underutilization, the then existing utilization of the Premises (including all existing accommodation arrangements) and any bona fide plan of Airline, or any other Air Carrier, for the increased utilization of the Premises to be implemented within twelve (12) months thereafter; (b) the need for compatibility among the current schedules, flight times, operations, operating procedures and equipment of Airline or any other Air Carrier (and its Affiliated Airlines) and those of the requesting Air Carrier, as well as the need for labor harmony; and, (c) the effect on Scheduled Service carriers of accommodating charter carriers at the Terminal. Any non-public information provided by Airline regarding planned or proposed routes, schedules, or operations shall be treated as confidential by the Port to the maximum extent permitted by law.