Amendment Four (to Unified In-Flight Connectivity Hardware, Services and
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 FOUR (TO UNIFIED IN-FLIGHT CONNECTIVITY HARDWARE,
SERVICES AND MAINTENANCE AGREEMENT)
This Amendment Four (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 Agreement), by and between American Airlines, Inc. (American) and Gogo LLC (Gogo) (collectively the Parties and individually a Party), is made and entered into as of the November 15, 2018 (the Effective Date) and pertains to activities commencing March 1, 2018. Capitalized terms used but not defined herein shall have the meanings set forth in the Agreement.
WHEREAS, the Parties wish to extend the scope of the Agreement to include the installation of the 2Ku Solution and the provision of certain Gogo Services on [***] A319 aircraft being delivered to American, which installation requires the SOW set forth in Appendix B to accommodate the de-modification of the LiveTV system, and to amend certain terms of the Agreement solely with respect to these aircraft.
NOW, THEREFORE, in consideration of the foregoing premises and the covenants contained herein, American and Gogo agree as follows:
Amendments to the Agreement.
A. The [***] A319 aircraft set forth in Appendix A below are hereby incorporated into the 2Ku Fleet subject to the terms set out in this Amendment. The chart set forth in Appendix A below is hereby incorporated into the Agreement as Exhibit A-1-B. The SOW to de-modify the LiveTV system from the subject aircraft is set forth in Appendix B hereto.
B. Section 1.1 (Shipset Pricing 2Ku Solution). The first paragraph under the header Credit in Section 1.1 of Exhibit D to the Agreement is hereby amended by adding the following sentence at the end of the paragraph:
Effectiveness of Agreement/Definitions. Except as specifically amended by this Amendment, the Agreement remains in full force and effect. All capitalized terms used but not defined herein shall have the respective meanings applied to them in the Agreement.