Statement of Work #2 to 2Ku In-Flight Connectivity Services Agreement between Delta Air Lines, Inc. and Gogo LLC
Delta Air Lines, Inc. and Gogo LLC have entered into this Statement of Work to expand their existing agreement for in-flight connectivity services. This document adds specific aircraft to the list of those receiving Gogo's 2Ku connectivity services. The Statement of Work is effective as of December 16, 2016, and its terms take precedence over any conflicting terms in the original agreement. Both parties have signed to confirm their agreement to these new terms.
Exhibit 10.1.42
THE USE OF THE FOLLOWING NOTATION IN THIS EXHIBIT INDICATES THAT THE CONFIDENTIAL PORTION HAS BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION: [***]
Statement of Work #2
To the 2Ku In-Flight Connectivity Services Agreement
Between
Delta Air Lines, Inc. and Gogo LLC
Dated April 1, 2015
Statement of Work Date: December 16th, 2016
This Statement of Work #2 (the “Statement of Work”) is entered into as of the date set forth above (the “Effective Date”), and is pursuant to the 2Ku In-Flight Connectivity Services Agreement between Delta Air Lines, Inc. (“Delta”) and Gogo LLC (“Contractor”) dated April 1, 2016 (as amended, the “Agreement”), where the Statement of Work is subject to and incorporates by reference the provisions of the Agreement. Capitalized terms used without definition in this Statement of Work have the meanings assigned to them in the Agreement. To the extent there is any contradiction, inconsistency or ambiguity between the terms of this Statement of Work and the Agreement, this Statement of Work will govern.
WHEREAS, Delta and Contractor are parties to the Agreement under which Contractor provides installation of certain equipment and provision of services related to Contractor’s 2Ku Connectivity Services;
WHEREAS, Delta and Contractor desire to provide for 2Ku Connectivity Services on certain Fleet Type A/C;
NOW, THEREFORE, in consideration of the foregoing premises and covenants contained herein, Delta and Contractor agree as follows:
1. Addition of Existing Fleet Type A/C. Pursuant to Section 2.3 of the Agreement, the A/C listed in the chart below shall be added to the Agreement as Existing Fleet Type A/C:
[***]
2. Effectiveness. This Statement of Work #2 will be effective as of the Effective Date.
IN WITNESS WHEREOF, the parties have caused this Statement of Work #2 to be executed by their duly authorized representatives as of the Effective Date.
| Delta: | Contractor: | |||||||||
| DELTA AIR LINES, INC., a Delaware corporation | GOGO LLC, a Delaware limited liability company | |||||||||
| By: | /s/ Ken McCue | By: | /s/ Michael Small | |||||||
| Name: | Ken McCue | Name: | Michael Small | |||||||
| Title: | Managing Director, SCM | Title: | President and CEO | |||||||
| Date: | Date: | |||||||||
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