Treatment of Costs Associated with Compliance with ADS-B Regulations Sample Clauses
Treatment of Costs Associated with Compliance with ADS-B Regulations.
A. The parties acknowledge that Operator will be required by U.S. federal governmental regulations (the “ADS-B Regulations”) to equip its aircraft with certain Automatic Dependent Surveillance –Broadcast (“ADS-B”) “Out”-compliant hardware and software by no later than January 1, 2020 (the “ADS-B Out Compliance Date”). Operator shall cause each of the “ADS-B Aircraft” (as defined below) to be fully compliant with the ADS-B Regulations by no later than [***] (excluding any ADS-B Aircraft removed from the “ADS-B Maintenance Schedule” (as defined below) as provided below). For purposes of this Amendment, the “ADS-B Aircraft” shall mean each of the Aircraft set forth on Exhibit B attached hereto and incorporated herein. The parties shall meet (either in person or telephonically) at least [***] times each year between the Amendment Number Nineteen Effective Date and [***], for the purpose of discussing Delta’s future fleet requirements and the schedule for equipping the ADS-B Aircraft with “ADS-B Primary Hardware/Software” and “ADS-B Secondary Hardware” (each, as defined below). At each meeting Operator shall provide to Delta for its approval, such approval not to be unreasonably withheld, a proposed schedule by ADS-B Aircraft tail number and maintenance service start date for the incorporation of the ADS-B Primary Hardware/Software and ADS-B Secondary Hardware into each ADS-B Aircraft (as amended from time to time, the “ADS-B Maintenance Schedule”). If (i) Delta has notified Operator of Delta’s election to terminate an ADS-B Aircraft from the Agreement pursuant to Section 11.F.1 of the Agreement and such termination shall occur prior to the ADS-B Out Compliance Date, (ii) the applicable term of such ADS-B Aircraft as an Aircraft under the Agreement expires prior to the ADS-B Out Compliance Date and such term has not been extended in writing by the parties to a date after the ADS-B Out Compliance Date, or (iii) the parties mutually agree to remove [***] or more ADS-B Aircraft from the ADS-B Maintenance Schedule, then, in each case of (i), (ii) and (iii), such ADS-B Aircraft shall be removed from the ADS-B Maintenance Schedule and such Aircraft shall no longer be deemed an ADS-B Aircraft.