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a) the term “Aeronautical Authorities” means: for the Kingdom of the Netherlands, the
Minister of Infrastructure and Water Management of the Netherlands; for the Republic
of Cote d’Ivoire, the Minister in charge of Civil Aviation; or, in either case, any
person or body authorized to perform any functions at present exercised by the said
Authorities;
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b) the terms “Agreed Service” and “Specified Route” mean: International Air Service pursuant
to this Agreement and the route specified in the Annex to this Agreement respectively;
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c) the term “Agreement” means: this Agreement, its Annex, as well as any amendment to the Agreement or the Annex;
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d) the terms “Air Service”, “International Air Service”, “Airline” and “Stop for non-traffic
purposes” shall have the meaning respectively assigned to them in Article 96 of the Convention;
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e) the term “Change of Aircraft” means: the operation of one of the Agreed Services by
a Designated Airline in such a way that one or more sectors of the Specified Route
are flown by different aircraft;
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f) the term “the Convention” means: the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944, and includes any Annex adopted under Article 90 of that Convention and any amendment of the Annexes or the Convention under Articles 90 and 94 thereof, insofar as those Annexes and amendments have become effective for, or have
been ratified by both Contracting Parties;
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g) the term “Designated Airline” means: the Airline which has been designated and authorized
in accordance with Article 3 (Designation and Authorization) of this Agreement;
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h) the term “Stores”, means: articles of a readily consumable nature for use or sale
on board an aircraft during flight including commissary supplies;
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i) the term “Tariff” means: any amount, excluding governmental levies, charged or to
be charged by the Airline, directly or through their agents, to any person or entity
for the carriage of passengers (and their baggage) and cargo (excluding mail) in air
transportation, including:
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j) the term “Territory” in relation to either Contracting Party shall be deemed to be
the land areas and territorial waters adjacent thereto under the sovereignty, suzerainty,
protection or mandate of the Contracting Party;
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k) the term “User Charge” means: a charge imposed on Airlines for the provision of airport,
air navigation or aviation security facilities or services including related services
and facilities;
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I) the term “Capacity” means: the combination of frequency per week and (the configuration
of) the type of aircraft used on the route offered to the public by the Designated
Airline(s);
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m) the term “Place of Effective Management” means: the place where key management and
commercial decisions that are necessary for the conduct of the entity’s business as
a whole are in substance made. All relevant facts and circumstances shall be examined
to determine the place of effective management. An entity may have more than one place•
of management, but it can have only one place of effective management at any one time;
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n) the term “EU Member State” means: a state that is now or in the future a contracting
party to the Treaty on European Union and the Treaty on the Functioning of the European Union;