and Common Use Space (as each is described in Section 3.01 of the Agreement) as well as any Non-Preferential Gate Use Fees and Landing Fees as described in Sections 5.04 and 5.05 of the Agreement, respectively, including any taxes in accordance with Section 9.04 of the Agreement.

III. Article 6 RECALCULATION OF RENTALS AND FEES

Section 6.09 is deleted in its entirety and replaced with the following:

Section 6.09. Year-End Adjustment to Actual and Settlement

  • On or about April 1 of each Fiscal year, Authority shall furnish Airline with an accounting of the costs and expenses actually incurred, revenues and other credits actually realized, (reconciled to the audited financial statements of the Airport System) and actual enplaned passengers and landed weights during the preceding Fiscal Year with respect to each of the components of the calculation of the average Terminal Building Rental Rate, the Preferential Apron Area Fee Rate, and the Landing Fee Rate in this Article 6 and shall recalculate the rates, fees, and charges required for the Fiscal Year based on those actual costs and revenues, including the proration of rentals for Common Use and Joint Use Space in accordance with the defined formulas. For the purposes of this Section, any revenues received by the Sarasota Manatee Airport Authority through the Coronavirus Aid, Relief, and Economic Security Act" or the "CARES Act" or any additional relief funds provided by Federal, State or Local Government bodies shall not be utilized in this recalculation.
  • If requested by any Signatory Airline, Authority shall convene a meeting of the Signatory Airlines to discuss the calculation of the year-end settlement.
  • In the event that Airline's rentals, fees, and charges billed during the Fiscal Year were more than the amount of Airline's rentals, fees, and charges required (as recalculated based on actual costs and revenues), such excess amount shall be paid to Airline in lump sum within sixty (60) days of the calculation of such final settlement.
  • In the event that Airline's rentals, fees, and charges billed during the Fiscal Year were less than the amount of Airline's rentals, fees, and charges required (as recalculated based on actual costs and revenues), such deficiency shall be not be billed to or collected from Airline for the period October 1, 2019 through September 30, 2023. For the period beyond September 30, 2023, such deficiency shall be billed to Airline and payable by Airline within 60 days of the date of invoice.
  • Binding Nature. This Fourth Amendment shall be deemed a part of the Agreement. The provisions of this Fourth Amendment shall be binding upon, and inure to the benefit of, the respective successors and assigns (including without limitation, any receiver, debtor in possession or trustee in bankruptcy) of Airline and Authority.
  • Conflict or Inconsistency. In the event of any conflict or inconsistency between the terms and provisions contained in the Agreement (as previously amended) and the terms and provisions contained in this Amendment, the terms and provisions of this Fourth Amendment shall govern

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