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Old 08-11-2011 | 06:13 AM
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coldpilot
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From: EMB-145 FO
Default Eagle Files SEC Form 10

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American may reduce its business with us.

Beginning on January 1, 2014, American will have the right to withdraw a specified number of up to 40 jet aircraft in each year from the terms of the Air Services Agreement, provided that we have received at least 12 months prior notice of the withdrawal. Beginning on January 1, 2012, American will also have the right to withdraw up to 12 Super ATR turbo-prop aircraft from the terms of the Air Services Agreement in each year. American’s right to withdraw aircraft each year is cumulative so that any number of aircraft not withdrawn in any year may be withdrawn in a subsequent year, subject to certain limitations. American will also have certain additional rights to withdraw aircraft under the Air Services Agreement upon certain events, such as if (i) we do not agree to provide at least the same number of block hours on a final monthly schedule as are set forth on any associated requested plan for three consecutive months; (ii) the aircraft is no longer subject to an aircraft lease with American due to our default or there is an event of loss with respect to such aircraft, but only if such event of loss or any termination of lease was not caused by the gross negligence or willful misconduct of American or an American agent; (iii) we fail to maintain a specified controllable completion rate over certain designated time periods; or (iv) we exceed certain preset fuel consumption baselines over certain designated time periods.
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