Spare Aircraft Clause Samples
Spare Aircraft. Notwithstanding anything in this Section 2.01 or elsewhere in this Agreement to the contrary but subject to the provisions below in this Section 2.01(i), with respect to the Covered Aircraft, Contractor shall at all times maintain the number of spare regional jet aircraft equal to the quotient obtained by dividing (x) as of any time of determination, the sum of the number of Covered Aircraft at such time by (y) [***], rounding the quotient to the nearest whole number; provided that a quotient ending at or below 0.50 shall be rounded down and a quotient ending above 0.50 shall be rounded up. In addition, subject to applicable Reasonable Operating Constraints and pilot availability, Contractor will use commercially reasonable efforts to utilize such Spare Aircraft to operate flights as directed by United (unless such Spare Aircraft was, prior to such direction by United, already scheduled pursuant to a Final Monthly Schedule), including flights originally scheduled to be operated by United or other United service providers; provided further that if a Scheduled Flight is delayed or cancelled due to the unavailability of a Spare Aircraft which unavailability would not have occurred but for Contractor’s use of such Spare Aircraft at United’s direction pursuant to this sentence, then, each such delay or cancellation occurring within a reasonable period after such unavailability shall be deemed an Uncontrollable Delay or an Uncontrollable Cancellation. Notwithstanding anything to the contrary in this Agreement, Contractor must obtain United’s prior written consent before it operates a Spare Aircraft for a Scheduled Flight if such Spare Aircraft’s aircraft type has fewer seats than the aircraft type for the aircraft originally scheduled to operate such Scheduled Flight.
Spare Aircraft. The Carriers may provide and operate one or more spare aircraft having the aggregate capacity and other performance characteristics reasonably necessary to handle the payload, flight schedule, and timing requirements for Carrier’s flights with the Aircraft (“Spare Aircraft”) in substitution for an Aircraft that is unavailable to perform the Services under the Flight Schedule due to a Carrier Delay. In addition, each Carrier may make one or more Spare Aircraft available at Amazon’s request (“Amazon Spare Request”): (a) to perform flights that are not part of the Flight Schedule; or (b) to substitute for an Aircraft that is unavailable due to a reason that is not attributable to a Carrier Delay. Amazon will compensate the relevant Carrier at an agreed upon rate per day, or portion thereof, for the use of a Boeing 737 model Spare Aircraft (by payment to Sun Country) when the Carrier provides a Spare Aircraft at Amazon’s request. In the event that an Aircraft is unavailable due to a Carrier Delay and the Carrier provides a Spare Aircraft, the Carrier 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 under Section 2.6 had the flights been operated with the affected Aircraft. In the event that a Spare Aircraft is unavailable to substitute for an Aircraft that is unavailable due to a Carrier Delay, then the resulting cancellation or delay will be factored into the calculation of Arrival Performance for the relevant period, except that such availability will not be taken into account to the extent that a Spare Aircraft is unavailable because it has already been provided to support an Amazon Spare Request. Except for the cost reimbursement and fee described in this Section 2.11.2, a Carrier’s performance of the Services utilizing a Spare Aircraft in accordance with this Section will otherwise be subject to the terms and conditions of this Agreement. For clarity, the Parties acknowledge that Sun Country does not have a Spare Aircraft available as of the Effective Date.
Spare Aircraft. The Spare Aircraft constituting a Covered Aircraft shall be used by RAI solely as an operational and maintenance spare to replace Covered Aircraft that are out of service due to scheduled maintenance or to cover for other irregular operations, provided, RAI may use the Spare Aircraft for flights operated for its own benefit or to cover flights for any other airline subject to the following conditions:
(1) Frontier will have the right to designate which of the first twelve Covered Aircraft will be the Spare Aircraft no later than the inservice date of the twelfth Covered Aircraft, such designation to be provided to RAI in writing no fewer than 90 days prior to the inservice date of the aircraft to be designated as the Spare Aircraft.
(2) The Spare Aircraft will be in a neutral livery as set forth in Exhibit C to this Agreement and configured in accordance with the Frontier specifications set forth in Exhibit C and its principal base of operations will be Denver International Airport.
(3) The Spare Aircraft will be pooled with other neutral spare aircraft operated by RAI for other air carriers (the “Pool Participants”) and will be available for use by RAI to cover flying for Pool Participants due to irregular operations, aircraft damage, or maintenance events incurred by Pool Participants. RAI shall give Frontier notice of its intent to use the Spare Aircraft as early as operationally possible. If necessary, Frontier will apprise RAI of its operational situation related to re-deployment of the Spare Aircraft. Nothwithstanding the above, Frontier acknowledges and agrees that RAI will at all times retain operational control of the Spare Aircraft.
(4) Regardless of RAI's use of the Spare Aircraft to cover flights of Pool Participants, the Spare Aircraft will be considered a Covered Aircraft for purposes of calculating Frontier's Fixed Costs. Frontier will not be obligated to pay or reimburse RAI for any Variable Costs or Pass-Thru Costs relating to (i) the ferrying of the Spare Aircraft to and from locations necessary to cover flying for other Pool Participants, or (ii) the covered flying itself. Fixed Costs, Variable Costs and Pass-Thru Costs as used in this paragraph are as described on Exhibit D.
(5) In consideration of Frontier making the Spare Aircraft available for flights operated by Pool Participants according to this Section, Frontier will be entitled to use the neutral spare aircraft contributed to the pool by other Pool Participants, provided, Fronti...
Spare Aircraft. ABX shall make commercially reasonable efforts to provide and operate one or more Spare Aircraft, as necessary, on all or part of an Aircraft/route line pursuant to the Flight Schedule in substitution for an Aircraft when such Aircraft is unavailable to perform the Services pursuant to the Flight Schedule due to an Airline Controllable Delay. In the event that ABX is unable to provide a Spare Aircraft in accordance with this Section, then any missed route or delay that could reasonably have been avoided by ABX’s deployment of such Spare Aircraft shall be included in the determination of ABX’s Arrival Performance and the applicability of any Delay Credits. In addition, ABX shall, subject to availability as determined by ABX in its discretion, make one or more Spare Aircraft available to DHL in order: (i) to perform flights not part of the Flight Schedule at DHL’s reasonable request and upon the provision of reasonable notice; or (ii) to substitute for an Aircraft that is unavailable due to a reason that is not attributable to an Airline Controllable Delay. In each such case: (i) DHL shall compensate ABX at the rate of $[*] per round trip, or portion thereof, for the use of such Spare Aircraft; and (ii) to the extent that such Spare Aircraft is unavailable to substitute for an Aircraft that is unavailable due to an Airline Controllable Delay, then the unavailability of such Spare Aircraft shall not count against ABX in the calculation of ABX’s Arrival Performance for the relevant period and ABX shall not incur a Delay Credit arising from such Airline Controllable Delay. Except for the fee provided in this Section, ABX’s performance of the Services utilizing a Spare Aircraft in accordance with this Section shall otherwise be subject to the terms and conditions of this Agreement, including with respect to the determination of the Monthly Variable Charge.
Spare Aircraft.
7.1 Section 2.01(d) of the CPA is hereby amended and restated in its entirety as follows:
Spare Aircraft. US Airways will schedule Mesa’s aircraft to provide a minimum of one Spare Aircraft per 30 active Aircraft operated under the Code Share Agreement, but in no event less than 1 Spare Aircraft per hub. For purposes of this Section 5, a “hub” shall mean an airport where Mesa operates a monthly average of 35 flights per day under the Code Share Agreement.
Spare Aircraft. Notwithstanding anything in this Article 1 or elsewhere in this Agreement to the contrary, spare aircraft shall be allocated in each city that has in excess of twenty (20) scheduled Delta Connection Flight departures, but only so long as the Aircraft are scheduled to operate Delta Connection Flights in such locations, respectively. Such spare aircraft will not be scheduled for Delta Connection Flights but may be used by Operator to replace another Aircraft in the operation of a Delta Connection Flight that otherwise would be cancelled and/or used to meet applicable maintenance requirements.
Spare Aircraft. Subject to Reasonable Operating Constraints and Conditions, [***] Covered Aircraft shall be an operational Spare Aircraft to operate Scheduled Flights as contemplated in Exhibit F.
7.2 Section 8.2 of the Third Amendment is hereby amended and restated as follows:
Spare Aircraft. In addition to the aircraft referenced in Article IV.A.1 above, if requested by United, Contractor will use commercially reasonable efforts to arrange for and make available for its use such spare aircraft as are required to effectively maintain Contractor’s United Express Services. Pursuant to this Agreement, a spare aircraft shall be provided such that the ratio of “aircraft in schedule” divided by “aircraft in fleet” shall not exceed **** for Regional Jets. This is equivalent to **** (****) spare for every **** (****) Regional Jet aircraft
Spare Aircraft. As of the Effective Date of the Ninth Amendment, [***]. Accordingly, Alaska acknowledges that the Final Monthly Schedule for the Covered Aircraft will need to provide for adequate down-time for the maintenance requirements of the Covered Aircraft by pulling down one line of flying for the period of maintenance.