Amendment Three (to Unified In-Flight Connectivity Hardware,
Services and Maintenance Agreement)
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: [***]
AMENDMENT THREE (TO UNIFIED IN-FLIGHT CONNECTIVITY HARDWARE,
SERVICES AND MAINTENANCE AGREEMENT)
This Amendment Three (this Amendment) to the Unified In-Flight Connectivity Hardware, Services and Maintenance Agreement, dated as of February 1, 2017, as previously amended (as so amended, the Original Agreement), by and between American Airlines, Inc. (American) and Gogo LLC (Gogo) (collectively the Parties and individually a Party), is made and entered into this September 4, 2018 (the Amendment Effective Date).
WHEREAS, American desires to launch IPTV Services on Retrofit A/C in the 2Ku Fleet to provide live television programming] to passengers on such aircraft;
WHEREAS, American and DISH Network L.L.C. (Dish) have entered into an agreement under which American has been granted rights by Dish to receive, distribute, transmit, exhibit and display certain live television programming on the Retrofit A/C in the 2Ku Fleet (the AA-Dish Agreement);
WHEREAS, Gogo, American, and Dish have entered into an agreement under which Dish granted all licenses to Gogo that are required for Gogo to provide the IPTV Services to American (the Gogo-American-Dish Agreement);
WHEREAS, Gogo and American have been involved in negotiations to amend the Original Agreement to reflect the addition of IPTV Services on the Retrofit A/C in the 2Ku Fleet and intend to continue such negotiations in good faith; and
WHEREAS, the Parties desire to amend the Original Agreement to reflect the launch of the IPTV Services on the Retrofit A/C in the 2Ku Fleet.
NOW, THEREFORE, in consideration of the foregoing premises and the covenants contained herein, American and Gogo agree as follows:
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Amendments to Original Agreement.
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Section 9.4.4 of the Original Agreement is deleted in its entirety and replaced with the following:
American Airlines Confidential and Proprietary