Statement of Work #3, dated November 28, 2018, to the 2Ku In-Flight Connectivity Services Agreement by and between Delta Air Lines, Inc. and Gogo LLC
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 #3
To the 2Ku In-Flight Connectivity Services Agreement
Delta Air Lines, Inc. and Gogo LLC
Dated April 1, 2015
Statement of Work Date: November 28th, 2018
This Statement of Work #3 (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, 2015 (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 Contractors 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 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 an Additional Fleet Type A/C to those listed in the Agreement:
2. All such A/C shall be deemed Domestic A/C.
3. Schedule for Prototype. The timeline below is the milestone schedule that applies to this Additional Fleet Type A/C.
An * in the timeline above indicates the milestones that are referenced in Section 2.5 of the Agreement.
6. Effectiveness. This Statement of Work #3 will be effective as of the Effective Date.
IN WITNESS WHEREOF, the parties have caused this Statement of Work #3 to be executed by their duly authorized representatives as of the Effective Date.
|DELTA AIR LINES, INC., a Delaware||GOGO LLC, a Delaware limited liability|
|Name: Jerry Rose||Name: Ben Murphy|
|Title: General Manager, SCM||Title: VP, Accounts|
|Date: 12/11/2018||Date: 12/21/18|